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 between the Russian Empire and an alliance of the Ottoman Empire, the Second French Empire, the United Kingdom of Great Britain and Ireland, and the Kingdom of Sardinia (1720–1861), Kingdom of Sardinia-Piedmont fro ...

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 Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...

, 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 otherwise would have been impossible in such a short period. This represented a large step in the globalisation of international law. The primary goal of France and Great Britain was to abolish privateering, 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 force them to deploy their warships to protect their merchant ships. In this way, maritime nations could wage war against larger land-based powers by the destruction of their commerce. The Paris Declaration established international policies related to neutral and belligerent 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 prohibiting neutral assumption of enemy coastal and colonial trade.

History

To put an end to the

(1853–1856), a series of diplomatic meetings were 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, Napol ...

. 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 blockades, 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. 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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France France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...

Prussia Prussia (; ; Old Prussian: ''Prūsija'') was a Germans, German state centred on the North European Plain that originated from the 1525 secularization of the Prussia (region), Prussian part of the State of the Teutonic Order. For centuries, ...

Russia Russia, or the Russian Federation, is a country spanning Eastern Europe and North Asia. It is the list of countries and dependencies by area, largest country in the world, and extends across Time in Russia, eleven time zones, sharing Borders ...

, Sardinia and

Turkey Turkey, officially the Republic of Türkiye, is a country mainly located in Anatolia in West Asia, with a relatively small part called East Thrace in Southeast Europe. It borders the Black Sea to the north; Georgia (country), Georgia, Armen ...

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

Ottoman Empire The Ottoman Empire (), also called the Turkish Empire, was an empire, imperial realm that controlled much of Southeast Europe, West Asia, and North Africa from the 14th to early 20th centuries; it also controlled parts of southeastern Centr ...

. 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

China China, officially the People's Republic of China (PRC), is a country in East Asia. With population of China, a population exceeding 1.4 billion, it is the list of countries by population (United Nations), second-most populous country after ...

Venezuela Venezuela, officially the Bolivarian Republic of Venezuela, is a country on the northern coast of South America, consisting of a continental landmass and many Federal Dependencies of Venezuela, islands and islets in the Caribbean Sea. It com ...

Bolivia Bolivia, officially the Plurinational State of Bolivia, is a landlocked country located in central South America. The country features diverse geography, including vast Amazonian plains, tropical lowlands, mountains, the Gran Chaco Province, w ...

Costa Rica Costa Rica, officially the Republic of Costa Rica, is a country in Central America. It borders Nicaragua to the north, the Caribbean Sea to the northeast, Panama to the southeast, and the Pacific Ocean to the southwest, as well as Maritime bo ...

Honduras Honduras, officially the Republic of Honduras, is a country in Central America. It is bordered to the west by Guatemala, to the southwest by El Salvador, to the southeast by Nicaragua, to the south by the Pacific Ocean at the Gulf of Fonseca, ...

, and

El Salvador El Salvador, officially the Republic of El Salvador, is a country in Central America. It is bordered on the northeast by Honduras, on the northwest by Guatemala, and on the south by the Pacific Ocean. El Salvador's capital and largest city is S ...

. In 1861, during the

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

, 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. During the

Spanish–American War The Spanish–American War (April 21 – August 13, 1898) was fought between Restoration (Spain), Spain and the United States in 1898. It began with the sinking of the USS Maine (1889), USS ''Maine'' in Havana Harbor in Cuba, and resulted in the ...

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. On February 13, 2025, US Congressmen Tim Burchett (R-TN) and Mark Messmer (R-IN) introduced a bill, The Cartel Marque and Reprisal Authorization Act of 2025, to the House of Representatives. The Act "would authorize President Trump to commission privately armed and equipped actors to seize the persons and property of any cartel, cartel member, or cartel-linked organizations."

Signing parties

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

Argentina Argentina, officially the Argentine Republic, is a country in the southern half of South America. It covers an area of , making it the List of South American countries by area, second-largest country in South America after Brazil, the fourt ...

Belgium Belgium, officially the Kingdom of Belgium, is a country in Northwestern Europe. Situated in a coastal lowland region known as the Low Countries, it is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeas ...

Brazil Brazil, officially the Federative Republic of Brazil, is the largest country in South America. It is the world's List of countries and dependencies by area, fifth-largest country by area and the List of countries and dependencies by population ...

Bulgaria Bulgaria, officially the Republic of Bulgaria, is a country in Southeast Europe. It is situated on the eastern portion of the Balkans directly south of the Danube river and west of the Black Sea. Bulgaria is bordered by Greece and Turkey t ...

Chile Chile, officially the Republic of Chile, is a country in western South America. It is the southernmost country in the world and the closest to Antarctica, stretching along a narrow strip of land between the Andes, Andes Mountains and the Paci ...

Denmark Denmark is a Nordic countries, Nordic country in Northern Europe. It is the metropole and most populous constituent of the Kingdom of Denmark,, . also known as the Danish Realm, a constitutionally unitary state that includes the Autonomous a ...

Ecuador Ecuador, officially the Republic of Ecuador, is a country in northwestern South America, bordered by Colombia on the north, Peru on the east and south, and the Pacific Ocean on the west. It also includes the Galápagos Province which contain ...

Greece Greece, officially the Hellenic Republic, is a country in Southeast Europe. Located on the southern tip of the Balkan peninsula, it shares land borders with Albania to the northwest, North Macedonia and Bulgaria to the north, and Turkey to th ...

Guatemala Guatemala, officially the Republic of Guatemala, is a country in Central America. It is bordered to the north and west by Mexico, to the northeast by Belize, to the east by Honduras, and to the southeast by El Salvador. It is hydrologically b ...

Haiti Haiti, officially the Republic of Haiti, is a country on the island of Hispaniola in the Caribbean Sea, east of Cuba and Jamaica, and south of the Bahamas. It occupies the western three-eighths of the island, which it shares with the Dominican ...

Japan Japan is an island country in East Asia. Located in the Pacific Ocean off the northeast coast of the Asia, Asian mainland, it is bordered on the west by the Sea of Japan and extends from the Sea of Okhotsk in the north to the East China Sea ...

Mexico Mexico, officially the United Mexican States, is a country in North America. It is the northernmost country in Latin America, and borders the United States to the north, and Guatemala and Belize to the southeast; while having maritime boundar ...

Netherlands , Terminology of the Low Countries, informally Holland, is a country in Northwestern Europe, with Caribbean Netherlands, overseas territories in the Caribbean. It is the largest of the four constituent countries of the Kingdom of the Nether ...

Peru Peru, officially the Republic of Peru, is a country in western South America. It is bordered in the north by Ecuador and Colombia, in the east by Brazil, in the southeast by Bolivia, in the south by Chile, and in the south and west by the Pac ...

Portugal Portugal, officially the Portuguese Republic, is a country on the Iberian Peninsula in Southwestern Europe. Featuring Cabo da Roca, the westernmost point in continental Europe, Portugal borders Spain to its north and east, with which it share ...

* Republic of New Granada (modern-day

Colombia Colombia, officially the Republic of Colombia, is a country primarily located in South America with Insular region of Colombia, insular regions in North America. The Colombian mainland is bordered by the Caribbean Sea to the north, Venezuel ...

and

Panama Panama, officially the Republic of Panama, is a country in Latin America at the southern end of Central America, bordering South America. It is bordered by Costa Rica to the west, Colombia to the southeast, the Caribbean Sea to the north, and ...

) *

Spain Spain, or the Kingdom of Spain, is a country in Southern Europe, Southern and Western Europe with territories in North Africa. Featuring the Punta de Tarifa, southernmost point of continental Europe, it is the largest country in Southern Eur ...

*States now part of

Italy Italy, officially the Italian Republic, is a country in Southern Europe, Southern and Western Europe, Western Europe. It consists of Italian Peninsula, a peninsula that extends into the Mediterranean Sea, with the Alps on its northern land b ...

: ** Duchy of Modena and Reggio ** Duchy of Parma and Piacenza ** Grand Duchy of Tuscany ** Kingdom of Sardinia **

Kingdom of the Two Sicilies The Kingdom of the Two Sicilies () was a kingdom in Southern Italy from 1816 to 1861 under the control of the House of Bourbon-Two Sicilies, a cadet branch of the House of Bourbon, Bourbons. The kingdom was the largest sovereign state by popula ...

Papal States The Papal States ( ; ; ), officially the State of the Church, were a conglomeration of territories on the Italian peninsula under the direct sovereign rule of the pope from 756 to 1870. They were among the major states of Italy from the 8th c ...

*States within the German Confederation: **

Austrian Empire The Austrian Empire, officially known as the Empire of Austria, was a Multinational state, multinational European Great Powers, great power from 1804 to 1867, created by proclamation out of the Habsburg monarchy, realms of the Habsburgs. Duri ...

** Duchy of Brunswick ** Duchy of Mecklenburg-Schwerin ** Duchy of Mecklenburg-Strelitz ** Duchy of Nassau **

Duchy of Saxe-Altenburg Saxe-Altenburg () was one of the Saxon duchies held by the Ernestine duchies, 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 kilometers and a populati ...

** Duchy of Saxe-Coburg and Gotha ** Duchy of Saxe-Meiningen ** Duchy of Saxe-Weimar ** Electorate of Hesse ** Free City of Bremen ** Free City of Frankfurt ** Free City of Hamburg ** Free City of Lübeck **

Grand Duchy of Baden The Grand Duchy of Baden () was a German polity on the east bank of the Rhine. It originally existed as a sovereign state from 1806 to 1871 and later as part of the German Empire until 1918. The duchy's 12th-century origins were as a Margravia ...

** Grand Duchy of Oldenburg ** Kingdom of Bavaria **

Kingdom of Prussia The Kingdom of Prussia (, ) was a German state that existed from 1701 to 1918.Marriott, J. A. R., and Charles Grant Robertson. ''The Evolution of Prussia, the Making of an Empire''. Rev. ed. Oxford: Clarendon Press, 1946. It played a signif ...

Kingdom of Saxony The Kingdom of Saxony () was a German monarchy in Central Europe between 1806 and 1918, the successor of the Electorate of Saxony. It joined the Confederation of the Rhine after the dissolution of the Holy Roman Empire, later joining the German ...

** Kingdom of Württemberg **

Landgraviate of Hesse-Darmstadt The Landgraviate of Hesse-Darmstadt () was a Imperial State, State of the Holy Roman Empire, ruled by a younger branch of the House of Hesse. It was formed in 1567 following the division of the Landgraviate of Hesse among the four sons of Landgr ...

** Principality of Anhalt-Dessau * Sweden-Norway *

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Uruguay Uruguay, officially the Oriental Republic of Uruguay, is a country in South America. It shares borders with Argentina to its west and southwest and Brazil to its north and northeast, while bordering the Río de la Plata to the south and the A ...

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