blockade

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blockade

(Barrier), noun bar, barricade, block, bottleneck, cordon, curb, impediment, obsessio, obstacle, obstruction, stop, stumbling block

blockade

(Enclosure), noun circumjacence, circumvallation, compass, containment, encirclement, enclosing, encompassment, framing, girdling, sealing off, surrounding
Associated concepts: capture and prize, commercial blockade

blockade

(Limitation), noun compression, contraction, debarring, exclusion, obturation, preclusion, restriction, shutdown, stoppage
See also: bar, block, contain, control, deterrence, disadvantage, eliminate, enclose, enclosure, enjoin, estop, exclude, halt, hinder, hindrance, impasse, impede, impediment, lock, obstruction, occlude, ostracism, picket, restrain, restraint, restriction, seclude, shut, stop, strike

BLOCKADE, international law. The actual investment of a port or place by a hostile force fully competent to cut off all communication therewith, so arranged or disposed as to be able to apply its force to every point of practicable access or approach to the port or place so invested.
     2. It is proper here to consider, 1. by what authority a blockade can be established; 2. what force is sufficient to constitute a blockade; 3. the consequences of a violation of the blockade.
     3. - 1. Natural sovereignty confers the right of declaring war, and the right which nations at war have of destroying or capturing each other's citizens, subjects or goods, imposes on neutral nations the obligation not to interfere with the exercise of this right within the rules prescribed by the law of nations. A declaration of a siege or blockade is an act of sovereignty, 1 Rob. Rep. 146; but a direct declaration by the sovereign authority of the besieging belligerent is not always requisite; particularly when the blockade is on a distant station; for its officers may have power, either expressly or by implication, to institute such siege or blockade. 6 Rob. R. 367.
     4. - 2. To be sufficient, the blockade must be effective, and made known. By the convention of the Baltic powers of 1780, and again in 1801, and by the ordinance of congress of 1781, it is required there should be a number of vessels stationed near enough to the port to make the entry apparently dangerous. The government of the United States has, uniformly insisted, that the blockade should be effective by the presence of a competent force, stationed and present, at or near the entrance of the port. 1 Kent, Com. 145, and the authorities by him cited; and see 1 Rob. R. 80; 4 Rob. R. 66; 1 Acton's R. 64, 5; and Lord Erskine's speech, 8th March, 1808, on the orders in council, 10 Cobber's Parl. Debates, 949, 950. But "it is not an accidental absence of the blockading force, nor the circumstance of being blown off by wind, (if the suspension and the-reason of the suspension are known,) that will be sufficient in law to remove a blockade." But negligence or remissness on the part of the cruisers stationed to maintain the blockade, may excuse persons, under circumstances, for violating the blockade. 3 Rob. R. 156 .) 1 Acton's R. 59. To involve a neutral in the consequences of violating a blockade, it is indispensable that he should have due notice of it: this information may be communicated to him in two ways; either actually, by a formal notice from the blockading power, or constructively by notice to his government, or by the notoriety of the fact. 6 Rob. R. 367; 2 Rob. R. 110; Id. 111, note; Id. 128; 1 Acton's R. 6 1.
     4. - 3. In considering the consequences of the violation of a blockade, it is proper to take a view of what will amount to such a violation, and, then, of its effects. As all criminal acts require an intention to commit them, the party must intend to violate the blockade, or his acts will be perfectly innocent; but this intention will be judged of by the circumstances. This violation may be, either, by going into the place blockaded, or by coming out of it with a cargo laden after the commencement of the blockade. Also placing himself so near a blockaded port as to be in a condition to slip in without observation, is a violation of the blockade, and raises the presumption of a criminal intent. 6 Rob. R. 30, 101, 182; 7 John. R. 47; 1 Edw. R. 202; 4 Cranch, 185. The sailing for a blockaded port, knowing it to be blockaded, is, it seems, such an act as may charge the party with a breach of the blockade. 5 Cranch, 335 9 Cranch, 440, 446; 1 Kent, Com. 150. When the ship has contracted guilt by a breach of the blockade, she may be taken at any time before the end of her voyage, but the penalty travels no further than the end of her return voyage. 2 Rob. R. 128; 3 Rob. R. 147. When taken, the ship is confiscated; and the cargo is always, prima facie, implicated in the guilt of the owner or master of the ship and the burden of rebutting the presumption that the vessel was going in for the benefit of the cargo, and with the direction of the owners, rests with them. 1 Rob. R. 67, 130 3 Rob. R. 173 4 Rob. R. 93; 1 Edw. It 39. Vide, generally, 2 Bro. Civ. & Adm. Law, 314 Chit. Com. Law, Index, h. t.; Chit. Law of Nations, 128 to 147; 1 Kent's Com. 143 to 151; Marsh. Ins. Index, h. t.; Dane's Ab. Index, h. t.; Mann. Com. B. 3, c. 9.

References in periodicals archive ?
Ultimately, the attempt to isolate Qatar failed because the West felt that blockading it was disproportionate and counter-productive.
THE EFFECT OF THE BLOCKADE ON THE INHABITANTS OF GAZA The rules discussed so far have regulated the relationship between the blockading power and other ships at sea.
Alternatively, China could threaten distant blockading ships with its submarine force.
the blockading force and the enforcement mechanisms it employs.
Al-Marri called upon the United Nations to take a firmer position against the blockading countries' violations of human rights by documenting the implications of the siege in the annual report of the Secretary-General.
He added that the reckless policy of the blockading countries and its impact on the lives of the people show that the value of humans have no place in those countries.
Dr al-Ansari believes that that blockade failed to achieve its ultimate target due to various factors such as Qatar's refusal to compromise, which perplexed the blockading countries, in addition to the soft political power of Qatar and its strong media presence.
The blockading countries' list of demands was made to be rejected, and the international community has discarded the siege countries' allegations that Qatar supports terrorism." Dr Mesfer added that the ongoing GCC crisis is the region's worst event in recent history.
Dr al-Marri pointed out that the NHRC contacted various international human rights organisations immediately after the blockade was first imposed, and managed to get the Office of the United Nation Commissioner for High Human Rights, the Human Rights Watch and Amnesty International to condemn the practices of the blockading countries against the people of Qatar.
QNA New York THE false accusations levelled by the blockading countries against Qatari humanitarian organisations are part of the smear campaigns those organisations are constantly subjected to, Chairman of the National Human Rights (NHRC) Committee HE Dr Ali bin Smaikh al Marri has said.
The government responded quickly by finding alternative and direct trade routes to substitute the supply lines of the blockading countries.
Speaking to local Arabic daily Arrayah on Monday, they expressed their pride in the steps taken by the government to counter the immediate impacts of the abrupt and unjustifiable move taken by the four blockading countries.