Declaration of Paris
Encyclopedia
The Paris Declaration Respecting Maritime Law of 16 April 1856 was issued to abolish privateer
ing. It regulated the relationship between neutral and belligerent and shipping on the high seas introducing new prize rules.
, which was signed on 30 March 1856, putting an end to the Crimean War
(1853-1856), the plenipotentiaries also signed this declaration at the suggestion of Count Walewski
, the French plenipotentiary. The declaration is the outcome of a modus vivendi signed between France
and the United Kingdom
in 1854, originally intended for the Crimean War. These two powers had agreed that they would not seize enemy goods on neutral vessels nor neutral goods on enemy vessels. The belligerents had also agreed that they would not issue letters of marque
, which they had not done during the war. At the close of this war the principal states of Europe concluded that private armed ships, maintained at private cost for private gain, and often necessarily for a long time beyond the reach of the regular naval force of the state, could not be kept under proper control. The Declaration of Paris confirmed these rules and added to them the principle that blockade
s, in order to be obligatory, must be effective.
The Declaration did not as such make privateers into a new category of international criminals, but rather made it a treaty obligation of states that they refrain from commissioning privateers in the first place. Most states normally treated foreign privateers as pirates in any case.
Numerous states ratified this declaration, including the United Kingdom
, Austria-Hungary
, France
, Prussia
, Russia
, Sardinia
and the Ottoman Empire
. This treaty established maritime law among the major powers of Europe. It represented the first multilateral attempt to codify in times of peace rules which were to be applicable in the event of war. This declaration bound only its signatories when at war with each other, and lets them free to use privateers when at war with other states.
The United States, which aimed at a complete exemption of non-contraband private property from capture at sea, withheld its formal adherence in 1857 when its "Marcy
" amendment was not accepted by all powers, chiefly as a result of British influence. The US was also keen on maintaining privateers. It argued that, not possessing a great navy, it would be obliged in time of war to rely largely upon merchant ships commissioned as war vessels, and that therefore the abolition of privateering would be entirely in favour of European powers, whose large navies rendered them practically independent of such aid. All other maritime states acceded to the declaration except Spain
, Mexico
and Venezuela
.
In 1861, during the American Civil War
, the United States declared that it would respect the principles of the declaration during hostilities. The same was done during the Spanish-American War
of 1898, when the United States Government affirmed its policy of conducting hostilities in conformity with the dispositions of the declaration. Spain too, though not a party, declared its intention to abide by the declaration, but it expressly gave notice that it reserved its right to issue letters of marque. At the same time both belligerents organized services of auxiliary cruisers composed of merchant ships under the command of naval officers.
Some of the questions raised by this declaration were clarified by the 1907 Hague Convention.
The rules contained in this declaration later came to be considered as part of the general principles of international law
and the United States too, though not formally a party, abides by provisions.
Privateer
A privateer is a private person or ship authorized by a government by letters of marque to attack foreign shipping during wartime. Privateering was a way of mobilizing armed ships and sailors without having to spend public money or commit naval officers...
ing. It regulated the relationship between neutral and belligerent and shipping on the high seas introducing new prize rules.
Major points
The major points in the declaration were:History
On the conclusion of the Treaty of ParisTreaty of Paris (1856)
The Treaty of Paris of 1856 settled the Crimean War between Russia and an alliance of the Ottoman Empire, the British Empire, Second French Empire, and the Kingdom of Sardinia. The treaty, signed on March 30, 1856 at the Congress of Paris, made the Black Sea neutral territory, closing it to all...
, which was signed on 30 March 1856, putting an end to the Crimean War
Crimean War
The Crimean War was a conflict fought between the Russian Empire and an alliance of the French Empire, the British Empire, the Ottoman Empire, and the Kingdom of Sardinia. The war was part of a long-running contest between the major European powers for influence over territories of the declining...
(1853-1856), the plenipotentiaries also signed this declaration at the suggestion of Count Walewski
Alexandre Joseph Count Colonna-Walewski
Alexandre Florian Joseph, Count Colonna-Walewski was a Polish and French politician and diplomat. He was the illegitimate son of Napoleon I by his mistress Countess Marie Walewska.-Life:...
, the French plenipotentiary. The declaration is the outcome of a modus vivendi signed between France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
and the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
in 1854, originally intended for the Crimean War. These two powers had agreed that they would not seize enemy goods on neutral vessels nor neutral goods on enemy vessels. The belligerents had also agreed that they would not issue letters of marque
Letter of marque
In the days of fighting sail, a Letter of Marque and Reprisal was a government licence authorizing a person to attack and capture enemy vessels, and bring them before admiralty courts for condemnation and sale...
, which they had not done during the war. At the close of this war the principal states of Europe concluded that private armed ships, maintained at private cost for private gain, and often necessarily for a long time beyond the reach of the regular naval force of the state, could not be kept under proper control. The Declaration of Paris confirmed these rules and added to them the principle that blockade
Blockade
A blockade is an effort to cut off food, supplies, war material or communications from a particular area by force, either in part or totally. A blockade should not be confused with an embargo or sanctions, which are legal barriers to trade, and is distinct from a siege in that a blockade is usually...
s, in order to be obligatory, must be effective.
The Declaration did not as such make privateers into a new category of international criminals, but rather made it a treaty obligation of states that they refrain from commissioning privateers in the first place. Most states normally treated foreign privateers as pirates in any case.
Numerous states ratified this declaration, including the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, Austria-Hungary
Austria-Hungary
Austria-Hungary , more formally known as the Kingdoms and Lands Represented in the Imperial Council and the Lands of the Holy Hungarian Crown of Saint Stephen, was a constitutional monarchic union between the crowns of the Austrian Empire and the Kingdom of Hungary in...
, France
Second French Empire
The Second French Empire or French Empire was the Imperial Bonapartist regime of Napoleon III from 1852 to 1870, between the Second Republic and the Third Republic, in France.-Rule of Napoleon III:...
, Prussia
Prussia
Prussia was a German kingdom and historic state originating out of the Duchy of Prussia and the Margraviate of Brandenburg. For centuries, the House of Hohenzollern ruled Prussia, successfully expanding its size by way of an unusually well-organized and effective army. Prussia shaped the history...
, Russia
Russian Empire
The Russian Empire was a state that existed from 1721 until the Russian Revolution of 1917. It was the successor to the Tsardom of Russia and the predecessor of the Soviet Union...
, Sardinia
Kingdom of Sardinia
The Kingdom of Sardinia consisted of the island of Sardinia first as a part of the Crown of Aragon and subsequently the Spanish Empire , and second as a part of the composite state of the House of Savoy . Its capital was originally Cagliari, in the south of the island, and later Turin, on the...
and the Ottoman Empire
Ottoman Empire
The Ottoman EmpireIt was usually referred to as the "Ottoman Empire", the "Turkish Empire", the "Ottoman Caliphate" or more commonly "Turkey" by its contemporaries...
. This treaty established maritime law among the major powers of Europe. It represented the first multilateral attempt to codify in times of peace rules which were to be applicable in the event of war. This declaration bound only its signatories when at war with each other, and lets them free to use privateers when at war with other states.
The United States, which aimed at a complete exemption of non-contraband private property from capture at sea, withheld its formal adherence in 1857 when its "Marcy
William L. Marcy
William Learned Marcy was an American statesman, who served as U.S. Senator and the 11th Governor of New York, and as the U.S. Secretary of War and U.S. Secretary of State.-Early life:...
" amendment was not accepted by all powers, chiefly as a result of British influence. The US was also keen on maintaining privateers. It argued that, not possessing a great navy, it would be obliged in time of war to rely largely upon merchant ships commissioned as war vessels, and that therefore the abolition of privateering would be entirely in favour of European powers, whose large navies rendered them practically independent of such aid. All other maritime states acceded to the declaration except Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
, Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
and Venezuela
Venezuela
Venezuela , officially called the Bolivarian Republic of Venezuela , is a tropical country on the northern coast of South America. It borders Colombia to the west, Guyana to the east, and Brazil to the south...
.
In 1861, during the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, the United States declared that it would respect the principles of the declaration during hostilities. The same was done during the Spanish-American War
Spanish-American War
The Spanish–American War was a conflict in 1898 between Spain and the United States, effectively the result of American intervention in the ongoing Cuban War of Independence...
of 1898, when the United States Government affirmed its policy of conducting hostilities in conformity with the dispositions of the declaration. Spain too, though not a party, declared its intention to abide by the declaration, but it expressly gave notice that it reserved its right to issue letters of marque. At the same time both belligerents organized services of auxiliary cruisers composed of merchant ships under the command of naval officers.
Some of the questions raised by this declaration were clarified by the 1907 Hague Convention.
The rules contained in this declaration later came to be considered as part of the general principles of international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
and the United States too, though not formally a party, abides by provisions.
Further reading
- Martens, Nouveau Recueil Général des Traités et autres Actes relatifs aux Rapports de Droit international, first series, Vol. XV, pp. 791-792
- Staff, Paris, Declaration of, Columbia Electronic EncyclopediaColumbia EncyclopediaThe Columbia Encyclopedia is a one-volume encyclopedia produced by Columbia University Press and sold by the Gale Group. First published in 1935, and continuing its important relationship with Columbia University, the encyclopedia underwent major revisions in 1950 and 1963; the current edition is...
, - Staff, Privateers, www.globalsecurity.org, Retrieved 2008-07-27