The Paris Declaration respecting Maritime Law of 16 April 1856 was an international multilateral treaty agreed to by the warring parties in the

Crimean War The Crimean War, , was fought from October 1853 to February 1856 between Russia and an ultimately victorious alliance of the Ottoman Empire, France, the United Kingdom and Piedmont-Sardinia. Geopolitical causes of the war included the ...

gathered at the Congress at Paris after the peace treaty of Paris had been signed in March 1856. As an important juridical novelty in

international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...

the treaty for the first time created the possibility for nations that were not involved in the establishment of the agreement and did not sign, to become a party by acceding the declaration afterwards. So did altogether 55 nations, which wouldn't otherwise haven't been possible in such a short period. A big step in the globalisation of international law. Primary goal of France and Great Britain was to abolish

privateer A privateer is a private person or ship that engages in maritime warfare under a commission of war. Since robbery under arms was a common aspect of seaborne trade, until the early 19th century all merchant ships carried arms. A sovereign or deleg ...

ing, a part of naval warfare whereby a belligerent party gave formal permission to privately owned ships by letters of marque to seize enemy vessels. By disrupting commerce, privateers could be effective against enemies that depended on trade, and forced them to deploy their warships to protect their merchant ships. The experience had shown that a effective way in which a maritime nation could wage war was by the destruction of the commerce of its opponents. Also important was to reach an international policy for the relationship between neutral and belligerent and shipping on the high seas introducing new rules for prizes of war, a piece of enemy property seized by a belligerent party during or after a war or battle, typically at sea. The plenipotentiaries agreed on three major points: free ships make free goods, effective blockade, and no privateering. In return for surrendering the practice of seizing neutral goods on enemy ships, France insisted on Britain's abandoning its

Rule of 1756 The Rule of 1756 or Rule of the War of 1756 was a policy of the Kingdom of Great Britain, and later the United Kingdom of Great Britain and Ireland that was promulgated during the Seven Years' War (1756-1763). It ruled that Britain would not trade ...

prohibiting neutral assumption of enemy coastal and colonial trade.

History

To put an end to the

(1853–1856), a series of diplomatic meetings have been organised in Paris to negotiate peace, modelled after the

Congress of Vienna The Congress of Vienna (, ) of 1814–1815 was a series of international diplomatic meetings to discuss and agree upon a possible new layout of the European political and constitutional order after the downfall of the French Emperor Napoleon ...

. On the conclusion of the Treaty of Paris, which was signed on 30 March 1856, the plenipotentiaries assembled in conference also did agree on this declaration, at the suggestion of Count Walewski, the French Prime-Minister. The declaration is the outcome of a ''modus vivendi'' signed between France and Britain at the dawn of the Crimean War in 1854 becoming war allies for the first time. 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 actually 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. With the agreements written down in the Declaration of Paris these rules were confirmed and added to them the principle that

blockade A blockade is the act of actively preventing a country or region from receiving or sending out food, supplies, weapons, or communications, and sometimes people, by military force. A blockade differs from an embargo or sanction, which are leg ...

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

pirate Piracy is an act of robbery or criminal violence by ship or boat-borne attackers upon another ship or a coastal area, typically with the goal of stealing cargo and other valuable goods. Those who conduct acts of piracy are called pirates, v ...

s in any case. In the plain wordings of the Declaration:

* Privateering is and remains abolished; * The neutral flag covers enemy's goods, with the exception of contraband of war; * Neutral goods, with the exception of contraband of war, are not liable to capture under enemy's flag; * Blockades, in order to be binding, must be effective-that is to say, maintained by a forge sufficient really to prevent access to the coast of the enemy.

The Declaration has been signed by Great Britain,

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Russia Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-ei ...

Sardinia Sardinia ( ; it, Sardegna, label=Italian, Corsican and Tabarchino ; sc, Sardigna , sdc, Sardhigna; french: Sardaigne; sdn, Saldigna; ca, Sardenya, label= Algherese and Catalan) is the second-largest island in the Mediterranean Sea, aft ...

and

Turkey Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a transcontinental country located mainly on the Anatolian Peninsula in Western Asia, with a small portion on the Balkan Peninsula ...

Ultimately, 55 states, royal houses and free cities ratified the Declaration, including the

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. 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 and nations that did accede later, when at war with each other, and left them free to use privateers when at war with other states.

Position of the United 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. His proposed amendment would have exempted from seizure in time of war all private property that was not contraband, including enslaved persons. 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. Several other maritime states did not accede to the declaration, such as

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, and

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. In 1861, during the

American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States. It was fought between the Union (American Civil War), Union ("the North") and t ...

, the United States declared that it would respect the principles of the declaration during hostilities. The Confederacy agreed to the provisions except for the right of privateering, and went on to extensively employ privateers as

blockade runners A blockade runner is a merchant vessel used for evading a naval blockade of a port or strait. It is usually light and fast, using stealth and speed rather than confronting the blockaders in order to break the blockade. Blockade runners usuall ...

. During the

Spanish–American War , partof = the Philippine Revolution, the decolonization of the Americas, and the Cuban War of Independence , image = Collage infobox for Spanish-American War.jpg , image_size = 300px , caption = (clock ...

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

and the United States too, though not formally a party, abides by provisions.

Signing parties

The following states signed the Paris Declaration or did accede afterwards: *

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Denmark ) , song = ( en, "King Christian stood by the lofty mast") , song_type = National and royal anthem , image_map = EU-Denmark.svg , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of Denmark , establish ...

Ecuador Ecuador ( ; ; Quechua: ''Ikwayur''; Shuar: ''Ecuador'' or ''Ekuatur''), officially the Republic of Ecuador ( es, República del Ecuador, which literally translates as "Republic of the Equator"; Quechua: ''Ikwadur Ripuwlika''; Shuar: ' ...

*States within the

German Confederation The German Confederation (german: Deutscher Bund, ) was an association of 39 predominantly German-speaking sovereign states in Central Europe. It was created by the Congress of Vienna in 1815 as a replacement of the former Holy Roman Empire, w ...

: **

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** Free City of Bremen **

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Free City of Frankfurt For almost five centuries, the German city of Frankfurt was a city-state within two major Germanic entities: *The Holy Roman Empire as the Free Imperial City of Frankfurt () (until 1806) *The German Confederation as the Free City of Frankfurt ...

Free City of Hamburg (male), (female) en, Hamburger(s), Hamburgian(s) , timezone1 = Central (CET) , utc_offset1 = +1 , timezone1_DST = Central (CEST) , utc_offset1_DST = +2 , postal ...

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Kingdom of Prussia The Kingdom of Prussia (german: Königreich Preußen, ) was a German kingdom that constituted the state of Prussia between 1701 and 1918.Marriott, J. A. R., and Charles Grant Robertson. ''The Evolution of Prussia, the Making of an Empire''. ...

Duchy of Saxe-Altenburg Saxe-Altenburg (german: Sachsen-Altenburg, links=no) was one of the Saxon duchies held by the Ernestine branch of the House of Wettin in present-day Thuringia. It was one of the smallest of the German states with an area of 1323 square kilomete ...

Duchy of Saxe-Coburg and Gotha Saxe-Coburg and Gotha (german: Sachsen-Coburg und Gotha), or Saxe-Coburg-Gotha (german: Sachsen-Coburg-Gotha, links=no ), was an Ernestine, Thuringian duchy ruled by a branch of the House of Wettin, consisting of territories in the present- ...

Duchy of Saxe-Meiningen Saxe-Meiningen (; german: Sachsen-Meiningen ) was one of the Saxon duchies held by the Ernestine line of the Wettin dynasty, located in the southwest of the present-day German state of Thuringia. Established in 1681, by partition of the Ernesti ...

Duchy of Saxe-Weimar Saxe-Weimar (german: Sachsen-Weimar) was one of the Saxon duchies held by the Ernestine branch of the Wettin dynasty in present-day Thuringia. The chief town and capital was Weimar. The Weimar branch was the most genealogically senior extant ...

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*States now part of

Italy Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical ...

: **

Duchy of Modena and Reggio The Duchy of Modena and Reggio ( Emilian: ''Duchêt ed Mòdna e Rèz'', it, Ducato di Modena e Reggio, la, Ducatus Mutinae et Regii) was an Italian state created in 1452 located in Northwestern Italy, in the present day region of Emilia-Romagn ...

Papal States The Papal States ( ; it, Stato Pontificio, ), officially the State of the Church ( it, Stato della Chiesa, ; la, Status Ecclesiasticus;), were a series of territories in the Italian Peninsula under the direct sovereign rule of the pope fro ...

Duchy of Parma The Duchy of Parma and Piacenza ( it, Ducato di Parma e Piacenza, la, Ducatus Parmae et Placentiae), was an Italian state created in 1545 and located in northern Italy, in the current region of Emilia-Romagna. Originally a realm of the Farnese ...

Kingdom of Sardinia The Kingdom of Sardinia,The name of the state was originally Latin: , or when the kingdom was still considered to include Corsica. In Italian it is , in French , in Sardinian , and in Piedmontese . also referred to as the Kingdom of Savoy-S ...

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Netherlands ) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherl ...

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(modern-day

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and

Panama Panama ( , ; es, link=no, Panamá ), officially the Republic of Panama ( es, República de Panamá), is a transcontinental country spanning the southern part of North America and the northern part of South America. It is bordered by Co ...

) *

Peru , image_flag = Flag of Peru.svg , image_coat = Escudo nacional del Perú.svg , other_symbol = Great Seal of the State , other_symbol_type = National seal , national_motto = "Firm and Happy f ...

Portugal Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of th ...

Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = '' Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , ...

Sweden-Norway Sweden and Norway or Sweden–Norway ( sv, Svensk-norska unionen; no, Den svensk-norske union(en)), officially the United Kingdoms of Sweden and Norway, and known as the United Kingdoms, was a personal union of the separate kingdoms of Sweden ...

Switzerland ). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...

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Notes

References

* * * Spencer, Warren F. "The Mason Memorandum and the Diplomatic Origins of the Declaration of Paris." in by N.N. Barker and M.L. Brown, eds. ''Diplomacy in an Age of Nationalism'' (1971) pp. 44–66.

History

Position of the United States

Signing parties

See also

Notes

References

Further reading