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
[Footnote 383: The constitution and procedure of Prize Courts in Great
Britain are governed by the Naval Prize Act, 1864 (27 and 28 Vict. ch.
25), and the Prize Courts Act, 1894 (57 and 58 Vict. ch. 39). The Naval
Prize Bill introduced by the British Government in 1911, although
accepted by the House of Commons, was thrown out by the House of
Lords.--It should be mentioned that the Institute of International Law
has in various meetings occupied itself with the whole matter of
capture, and adopted a body of rules in the _Règlement international des
Prises Maritimes_, which represent a code of Prize Law; see _Annuaire_,
IX. pp. 218-243, but also XVI. pp. 44 and 311.]
[Footnote 384: See below, § 327, and article 4 of Convention XIII. of
the Second Peace Conference.]
Whereas the ordinary Prize Courts are national courts, Convention
XII.--as yet unratified--of the Second Peace Conference, provides for
the establishment of an International[385] Prize Court at the Hague,
which, in certain matters, is to serve as a Court of Appeal in prize
cases. In these cases jurisdiction in matters of prize is exercised, in
the first instance, by the Prize Courts of belligerents (article 2),
but, according to article 6, the national Prize Courts may not deal with
any case in which there is a second appeal; since such cases necessarily
come before the International Prize Court at the second appeal. This
means that belligerents, besides Prize Courts of the first instance, may
set up a Prize Court of Appeal, but they may not set up a second Court
of Appeal above the first, except in cases in which the International
Prize Court has no jurisdiction.
[Footnote 385: See above, vol. I. § 476_a_, and below, §§ 442-447.]
It must be specially observed that the proposed International Prize
Court--see articles 3 and 4--is, in the main, a Court to decide between
belligerents and neutrals, and not between two belligerents.
[Sidenote: Conduct of Prize to port of Prize Court.]
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