LAW5302 Public International Law-II — Unit 6: Contraband — Concept of Contraband; Absolute and Conditional Contraband; Principle of Continuous Voyage; Concept and Types of Prize

Unit 6: Contraband — Concept of Contraband; Absolute and Conditional Contraband; Principle of Continuous Voyage; Concept and Types of Prize

1. Concept of Contraband

Contraband is goods carried by sea to the enemy which, by their destination and nature, are subject to capture and condemnation in war — the belligerent’s right of visit, search and seizure applied to neutral commerce (Unit 3’s collision: the neutral’s trade freedom vs. the belligerent’s interdiction right). The classification’s foundation: the Declaration of Paris 1856 (neutral goods in neutral ships protected — “contraband” the exception’s name) and the London Declaration 1909’s lists (the custom’s evidence). The essentials: the goods’ hostile character/use, the destination (enemy territory or its armed forces — the doctrine of ultimate destination, the “continuous voyage” question), and the notice (the contraband lists’ publication — the lists revisable by proclamation).

2. Absolute and Conditional Contraband

Head Absolute contraband Conditional contraband
Meaning Goods of inherently military character — made for war Goods of civilian use that become contraband by their specific destination
Examples Arms, ammunition, warships, military aircraft, explosives Food, fuel, clothing, horses, money, rolling stock

This is a preview. The complete Public International Law-II notes — full unit, Exam Focus box and model questions — are in the PDF / full version. Get the complete notes →

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