International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
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International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
(3) According to British practice--adopted by America and
Japan[152]--neutral merchantmen likewise acquire enemy character by
violating the so-called rule of 1756,[153] in case they engage in time
of war in a trade which the enemy prior to the war reserved exclusively
for merchantmen sailing under his own flag. The Declaration of London
has neither rejected nor accepted this rule of 1756, for article 57
stipulates expressly that the case where a neutral vessel is engaged in
a trade which is closed in time of peace, remains unsettled. It would,
therefore, according to article 7 of Convention XII. of the Second Peace
Conference, be the task of the proposed International Prize Court to
settle this point.
Of whatever kind may be the case of the acquisition of enemy character
on the part of a neutral vessel, the following four rules apply to all
cases of such neutral vessels as have acquired enemy character:--(_a_)
all enemy goods on board may now be confiscated, although when they were
first shipped the vessels concerned were neutral; (_b_) all goods on
board will now be presumed to be enemy goods, and the owners of neutral
goods will have to prove the neutral character of the latter; (_c_) the
stipulations of articles 48 and 49 of the Declaration of London
concerning the sinking of neutral prizes do not apply, because these
vessels are now enemy vessels; (_d_) no appeal may be brought from the
national prize courts to the International Prize Court, except with
regard to the one question only, whether the vessel concerned has been
justly considered to have acquired enemy character (see article 4 of
Convention XII. of the Second Hague Peace Conference, concerning the
establishment of an International Prize Court).
[Footnote 150: See below, § 410.]
[Footnote 151: The case of the _Kow-shing_ ought here to be mentioned,
although it has now lost its former importance:--
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