Declaration of Paris

The declaration of Paris is a declaration concerning the European maritime law in time of war.

History

At the time of the conclusion of the treated of Paris of the March 30th 1856, which put an end to the Crimean War (1853 - 1856), the plenipotentiary ones also signed the present declaration. It is the result of a working arrangement passed between the France and the the United Kingdom in 1854, which related to originally the Crimean War. These two powers had recognized that they would not operate the seizure of enemy goods on neutral boats nor of neutral goods on enemy boats. The belligerents had also declared that they would not deliver a letters of marks. The declaration of Paris confirms these rules and adds the principle there that the blockades, to be obligatory, must be effective. Practically all the States adhered to this declaration. The the United States, which wished to at sea obtain a complete exemption of catch for the private property, withdrew their formal adhesion, their amendment not having been accepted by all the powers. In 1861, at the beginning of the Civil war, the the United States however announced that they would respect the principles of the Declaration during the hostilities. They made in the same way in 1898 during the war against Spain, by affirming that the policy of the Government of the the United States in the control of the hostilities would be to conform to the provisions of the declaration. The rules contained in this declaration were regarded later as belonging to the general International law and even the the United States, which are not formally Partie there, follow its provisions.

Full text

Declaration regulating various points of Maritime law. Paris, April 16th 1856.

The plenipotentiary ones which signed the treated of Paris of the thirty Mars, millet eight hundred and fifty six, joined together in Conference. Considering:

That the Maritime law, in time of war, was for a long time the object of regrettable disputes;

That the uncertainty of the right and the matter duties similar gives place, between the neutrals and the belligerents, with divergences of opinion which can give birth to from the serious difficulties and even from the conflicts;

That there is advantage, consequently, to establish uniform doctrines on such an important point;

That the Plenipotentiary ones, assembled with the Congress of Paris, could not better answer the intentions whose their Governments are animated, which while seeking to introduce into the international reports/ratios of the fixed principles in this respect;

Duly authorized, aforesaid Plénipotentiaires is agreed to act in concert on the means of achieving this goal, and, having fallen from agreement, stopped the Solemn declaration hereafter:

the race is and remains abolished;
the neutral house covers the enemy goods, except for the smuggling of war;
the neutral goods, except for the smuggling of war, is not seizable under enemy house;
the Blockade, to be obligatory, must be effective, i.e., maintained by a sufficient force to really prohibit the access of the littoral of the enemy.

The Governments of Plenipotentiary undersigned are committed to carry this Declaration to the knowledge of the States which did not have to take part in the Congrès of Paris, and inviting them to reach it.

Convinced that the maxims that they have just proclaimed could be accommodated only with gratitude by the whole world, the Plenipotentiary undersigned ones do not doubt that the efforts of their Governments to generalize the adoption of it are not crowned with a full success.

The present Declaration is not and will be obligatory only between the Powers which have there or which will have reached it.

Fact with Paris, the April sixteen, millet eight hundred and fifty six.

Sources

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