Neutral Rights and Obligations in the Anglo-Boer War by Robert Granville Campbell
page 69 of 168 (41%)
page 69 of 168 (41%)
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not be enforced against the will of the neutral; Hall, International Law
(1880), §219, points out that more recent writers take an opposite view, namely, that a grant of passage is incapable of impartial distribution. See also Wheaton, International Law, §427; Vattel, Droit des gens, III, §110; Calvo, Droit international, 3d Ed., III, §§2344-2347.] Mr. Baty, who has made a careful study of the precedents upon the subject, states that while "writers vary in their treatment of the question" of the passage of troops over neutral territory, "the modern authorities are all one way."[16] He points out that the jurists of the first half of the nineteenth century, with the possible exception of Klüber, were "unanimous in following" Grotius and Vattel, and allowing neutrals to permit belligerents passage as long as they did it impartially. But since the middle of the century a total and violent change in the opinion of authors has operated. Every modern author holds that passage is now a benefit which must be refused absolutely, and not offered impartially.[17] [Footnote 16: International Law in South Africa, p. 71.] [Footnote 17: Ibid., p. 73.] [Footnote 18: Times Military History of the War in South Africa, Vol. IV, p. 369] In February the Transvaal Government had attempted to bring troops into Rhodesia by way of Portuguese territory. Portugal had promptly sent out forces to prevent such an evasion of Portuguese neutrality and had guarded the railway bridges along the line to Rhodesia. And in March Great Britain had met with a refusal to allow a large quantity of |
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