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‘Announcing Our Withdrawal from the Declaration’ — The Declaration of Paris and the Franco-German War of 1870

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Power, Law and the End of Privateering
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Abstract

The Prussian-Austrian War of 1866 and the Franco-German War of 1870–1 have rarely been studied regarding their impact on the relationship between sea power and international law. Both wars were essentially continental affairs, a clash of the world’s most advanced infantries to settle the problem of Germany’s future and its position in the European hierarchy. However, both Prussia and Austria were also aspiring naval powers that had built up small but modern ironclad fleets, and France was at the time challenging British naval supremacy.1 This chapter will describe the previously unknown ambitions of the Prussians and the Austrians to utilise the continental wars of the 1860s to establish a precedent, facilitating a subsequent reform of international maritime law that suited their interests as second-rate naval powers. In a second part, it will discuss the France’s global naval war against German trade and explore to what extent a blockade under the rules of the declaration was still feasible and effective in the 1870s. The third part will demonstrate how disputes about French violations of maritime law rattled the regime of the Declaration of Paris, leading to the first serious challenge by a great power. Newly discovered letters by Prussian Prime Minister Otto von Bismarck show that this process of escalation marked an important turning point in the history of the regime of the Declaration of Paris, rendering a future reform of the system well-nigh impossible.

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Notes

  1. See Charles Iain Hamilton, Anglo-French Naval Rivalry 1840–1870, Oxford 1993.

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  2. Michael Howard, The Franco-Prussian War: The German Invasion of France, 1870–1871, London 1961, p. 74; Geoffrey Wawro, The Franco-Prussian War: The German Conquest of France in 1870–1871, Cambridge 2003, p. 189.

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  3. Cited in Dora Neill Raymond, British Policy and Opinion during the Franco-Prussian War, New York, London 1921, p. 123.

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  4. The premium varied between 15,000 and 50,000 Thaler, depending on the size of the sunken vessel; see Provinzial-Correspondenz, Vol. 10 No. 26, 26 June 1872, the Royal Prussian Decree relative to the Creation of a Volunteer Naval Force of 24 July 1870 is printed in BFSP, Vol. 61, pp. 692–693. See also Sir Travers Twiss, Belligerent Right on the High Seas, since the Declaration of Paris (1856), London 1884, p. 12.

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  5. Jonathan Steinberg, Bismarck – A Lifeb, Oxford 2011, pp. 298–301; Howard, Invasion, p. 353f; Wawro, Conquest, p. 280.

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© 2014 Jan Martin Lemnitzer

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Lemnitzer, J.M. (2014). ‘Announcing Our Withdrawal from the Declaration’ — The Declaration of Paris and the Franco-German War of 1870. In: Power, Law and the End of Privateering. Palgrave Macmillan, London. https://doi.org/10.1057/9781137318633_8

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  • DOI: https://doi.org/10.1057/9781137318633_8

  • Publisher Name: Palgrave Macmillan, London

  • Print ISBN: 978-1-349-33738-5

  • Online ISBN: 978-1-137-31863-3

  • eBook Packages: Palgrave History CollectionHistory (R0)

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