Williamson afriendlydemonstrationofforcepacificblockade

i A Friendly Demonstration of Force: Pacific Blockade, International Law and State Identity, 1827 to 1921 by Ross Williamson, B.) A thesis submitted to the Faculty of Graduate and Postgraduate Affairs in partial fulfillment of the requirements for the degree of Master of Arts In Legal Studies Carleton University Ottawa, Ontario ©2013 Ross Williamson ii Abstract This thesis examines the relationship between state identity and pacific blockade, a nineteenth century custom involving the stopping of traffic to a coast without a declaration of war. Drawing on via median constructivism, diplomatic history and international law’s histories, it attempts to explain how pacific blockade emerged despite contradicting contemporary international law, what significance it had for blockading states, and how it could disappear without an explicit rejection. The thesis argues that this practice acquires legitimacy for British decision-makers by performing multiple, conflicting identities in the Ottoman Empire and Latin America. It links pacific blockade to cultural and material hierarchies that legitimized ignoring blockaded states’ interpretations of events.

When the institutional and normative context of the practice changes, the thesis argues that pacific blockade loses its legitimacy to states and international law. Thus it provides an example of an exclusive norm disappearing despite its performance of multiple state identities. iii Acknowledgements I would like to thank Professors Christiane Wilke and Betina Kuzmarov, the members of my thesis committee, for their patience, invaluable assistance and willingness to support this project. iv Table of Contents Page Abstract ii Acknowledgements iii Table of Contents iv Chapter One: Introduction 1 Chapter Two - Created by contradictions: pacific blockade, the Greek revolt and identities in tension 22 Chapter Three - ‘Keeping republics in their place’: pacific blockade in Latin America 51 Chapter Four - The disappearance of pacific blockade 72 Chapter Five - Conclusion: why pacific blockade might be worth remembering 108 Bibliography 125 1 Chapter One – Introduction A friendly warlike measure In January of 1837, thirteen ships from the British Royal Navy ‘amicably’ blockaded the coast of New Granada.

The British ambassador to New Granada, a larger version of modern Colombia, ordered the prevention of all traffic coming to or leaving New Granada as a means of compelling the government to release the British pro-consul, who had been convicted of assaulting a local official. Representatives from both states characterized relations as amicable, but blockade historically fell under belligerent actions in international law. When the blockade started on January 20th and continued for twelve days, stopping four vessels, the government of New Granada compared the situation to war and called upon its citizens to resist it. British officials also suggested that the action might fall outside of peaceful interaction, but neither side ever declared war or acknowledged an opposing declaration of war.

The government of New Granada claimed that the British were violating the law of nations and bringing hostilities into a previously amicable relationship, but twelve days of blockade only brought a declaration of the New Granada government’s intention to provide financial redress for the pro- consul’s mistreatment, with the blockade later seen as amicable or “pacific” in nature.1 1 “Sir John Barrow to The Hon. Fox Strangeways,” no. 27, 27 March 1837, British and Foreign State Papers, 1837-1838, vol.26 (London: Harrison and Sons, 1855) 248 at 252, “Commodore Peyton to Mr. 28, 21 January 1837, British and Foreign State Papers,254 at 254, 256, 258, “Mr.

Turner to Visc. 19, 10 December 1836, British and Foreign State Papers, 190 at 206, 214, “Mr. Turner to Visc.21, 11 December 1837, British and Foreign State Papers, 226 at 231-232, “Mr. Turner to Visc.

22, 20 December 1836, British and Foreign State Papers, 231 at 236-238, “Sir John Barrow to Mr. 30, 27 March 1837, British and Foreign State Papers, 262 at 263, 265. 2 The strange set of circumstances described above provides only one example of a custom used frequently through the nineteenth century, most often against relatively new Latin American states like New Granada. International law scholars would later call this pacific blockade, which is a now obsolete doctrine that receives minimal attention as part of international law’s histories.

The doctrine is less central to the field’s concerns than topics like the construction of sovereignty or the rules of war. Moreover, almost all instances of pacific blockade involved European states blockading those less powerful, a fact that can make pacific blockade seem like mere coercion. However, this ignores the relationship between actions, norms and identities discussed in more recent international relations theory.2 Moreover, representatives of states using blockades without war claimed that such a practice had a basis in customary international law, distinguishing it from simple coercion. Even if these flimsy claims were questionable, it remains problematic to characterize such actions as only coercion wrapped in a legal justification.

Pacific blockade falls outside of the conventional focus of international law’s histories, but it nonetheless plays a part in nineteenth century international law and its relationship with states’ identities. This thesis attempts to remedy the lack of attention to pacific blockade as a part of international law’s histories, diplomatic history, and as a component in the relationship between identities, norms and actions in international relations. By analyzing pacific blockade as a performance of contradictory facets of one state’s identities and a means of pursuing associated interests, the thesis aims to do justice to an otherwise neglected 2 For examples using these concepts, see Diana Panke and Ulrich Petersohn, ‘Why international norms disappear sometimes’ (2011) 18:4 European Journal of International Relations 719 or John F. Clark, ‘A Constructivist Account of the Congo Wars’ (2011) 4:3 African Security 143.

The following introductory chapter explains how pacific blockade rose and declined towards this goal. First, the chapter explains pacific blockade as a practice and a legal doctrine in more depth. Second, it sets out the theory and concepts used by the rest of the thesis to examine pacific blockade. Third, it establishes the significance of this inquiry to the existing literature on the histories of international law, diplomatic history and international relations.

Fourth, the chapter explains the nature of its claims from the perspective of scientific realism. Lastly, this introduction explains how the following chapters will make their claims, connecting the aforementioned theories and concepts to the history of pacific blockade to show the relationship between pacific blockade and the construction of identities. In taking this approach, the thesis attempts to give significance to the origin, use and disappearance of pacific blockade, doing justice to the subject and so contributing to ongoing discussion of international law’s histories, identity and nineteenth century diplomacy. Overview of pacific blockade The lack of scholarly analysis received by pacific blockade may in part relate to the difficulty with which the history of its use is converted into an overarching account.

Although it had relatively clear rules, the doctrine appeared in several unrelated contexts and when it fell into oblivion is difficult to determine. The first example of pacific blockade is typically given as the blockade of Greece by a combined French, British and Russian fleet in 1827, during the Greek War for Independence. Although this intervention came without any reference to pacific blockade, it was later taken as evidence of a custom. A combination of European states used it in Greece again in 1850, 4 1886 and 1897.3 However, the use of pacific blockade was not restricted to the Ottoman Empire or its former territories.

More frequently, Western European states such as Britain and France used pacific blockade against South and Central American states such as the Argentine Confederation, Brazil, Mexico and Nicaragua. The stated grounds for such intervention tended to be the abuse of European subjects, contrasting with the Greek blockades, where the formal grounds for action tended to be the enforcement of an armistice or peace.4 Further contrast among instances of pacific blockade comes through its use in colonial encounters in Asia as well as European diplomacy, seeing use in what became French Indo-China as well as Portugal and the Netherlands.5 Thus pacific blockade as a practice has a rather inconsistent history. The practice’s use does have some common elements insofar as it was almost always used by Western European states against states on the margins or outside of Europe. Part of this thesis addresses the significance of this pattern to the production and reproduction of hierarchies between states in international law.

However, the varied contexts of the practice do make it resistant to generalization. The quiet exit of pacific blockade from practice further compounds the difficulty of discussing its history. While the practice last appeared in the pacific blockade of Venezuela’s coast in 1902 over debt and abuses to European subjects, authors writing 3 Albert E. Hogan, Pacific Blockade (Oxford, UK: Clarendon Press, 1908) 73-76, 108-114, 126-130.

Washburn, “The Legality of Pacific Blockade I” (January 1921) 21:1 Columbia Law Review 55 at 61-63; Washburn refers to the 1814 blockade of Norway by Great Britain but acknowledges that only one other source identifies this as a pacific blockade, with Greece being the incident most frequently identified as the first pacific blockade. 4 Ibid, Hogan, Pacific Blockade at 85-94, 117-120. Also in Albert H. Washburn, “The Legality of Pacific Blockade II” (March 1921) 21:3 Columbia Law Review 227 at 225-234, Albert H.

Washburn, “The Legality of Pacific Blockade III” (May 1921) 21:5 Columbia Law Review 442 at 442-444, 446-450. 5 Ibid, Hogan, Pacific Blockade at 77-83, 122-126, 137-141, Washburn at “The Legality of Pacific Blockade I” at 66-67. 5 about it refer to pacific blockade as a valid part of international law into the 1920s.6 The doctrine faced criticism in the late nineteenth century from an increasingly ambitious international legal profession, and, while it is not recognized in the present, there is no definitive declaration making pacific blockade illegal. The doctrine of desuetude would support pacific blockade’s characterization as no longer an element of international law insofar as desuetude holds that laws not invoked for a considerable period of time lose their validity.7 However, none of the authors examined that discuss pacific blockade connect it with this doctrine, itself excluded from the Vienna Convention on the Law of Treaties in its traditional form.8 As a result, the already inconsistent history of pacific blockade ends with uncertainty over its legal status.

This is not to say that pacific blockade was an altogether unstable concept. In theory, it had clear rules. Blockading states were required to give notice of the blockade and establish its effectiveness over a fixed area. Thus blockades had to be able to stop ingress and egress to particular coasts or ports, rather than only being blockades on paper.

A recognized blockade meant that the vessels of the blockaded state as well as third party ships could be turned back or detained, depending on the circumstances. In principle, that this did not constitute an act of war depended on the lack of effective resistance from the blockaded state.9 Thus, while pacific blockade does not occupy a distinct role in the 6 Ibid, Washburn, “The Legality of Pacific Blockade III” at 453-456; for example, Washburn’s account asserts the validity of pacific blockade as part of international law in 1921 while also acknowledging the criticism directed towards pacific blockade’s legality. 7 Marcelo Kohen, “Desuetude and Obsolescence of Treaties” in Enzo Cannizzaro, ed., The Law of Treaties Beyond the Vienna Convention (Oxford, UK: Oxford University Press, 2011) 350 at 353-354; Michael Glennon, “How International Rules Die” (2005) 93 The Georgetown Law Journal 939 at 942. It is worth noting that Kohen’s discussion of desuetude relates to its exclusion from the Vienna Conventions, but he nonetheless provides an outline of the concept in its traditional form that applied to more than treaties.

8 Ibid, Kohen, “Desuetude and Obsolescence of Treaties” at 351. 9 Supra note 3, Hogan, Pacific Blockade at 32, 70-71.