blockade

blockade. Int’l law. A belligerent’s prevention of access to or egress from an enemy’s ports by stationing ships to intercept vessels trying to enter or leave those ports. • To be binding, a blockade must be effective — that is, it must be maintained by a force sufficient to prevent access to ports.

— Also termed simple blockade; de facto blockade. [Cases: War and National Emergency 19. C.J.S. War and National Defense § 6.]

“A blockade must be existing in point of fact; and in order to constitute that existence, there must be a power present to enforce it. All decrees and orders, declaring extensive coasts and whole countries in a state of blockade, without the presence of an adequate naval force to support it, are manifestly illegal and void, and have no sanction in public law.” 1 James Kent, Commentaries on American Law *144 (George Comstock ed., 11th ed. 1866).

“The word blockade properly denotes obstructing the passage into or from a place on either element, but is more especially applied to naval forces preventing communication by water. Unlike siege it implies no intention to get possession of the blockaded place. With blockades by land or ordinary sieges neutrals have usually little to do.” Theodore D. Woolsey, Introduction to the Study of International Law § 202, at 351 (5th ed. 1878).

pacific blockade. Int’l law. A blockade that is established without a declaration of war.

public blockade. Int’l law. An established blockade of which the blockading nation gives formal notice to the governments of neutral nations.


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译者陈鹏,毕业于一所培养高级翻译以及跨文化事务专家的精英大学,擅长翻译各种与诉讼及争议解决相关的法律文件。
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