Letters to "The Times" upon War and Neutrality (1881-1920)Holland, Thomas Erskine
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Letters to "The Times" upon War and Neutrality (1881-1920)
Holland, Thomas Erskine
Neutrality; War (International law)
Prize Courts are, at present, Courts of enquiry, to which a belligerent
Government entrusts the duty of ascertaining whether the captures made
by its officers have been properly made, according to the views of
international law entertained by that Government. There exists, no
doubt, among Continental jurists, a considerable body of opinion in
favour of giving to Courts of Appeal, at any rate, in prize cases a
wholly different character. This opinion found its expression in Arts.
100-109 of the _Code des Prises maritimes_, finally adopted at its
Heidelberg meeting, in 1887, by the Institut de Droit International.
Art. 100 runs as follows:--
"Au début de chaque guerre, chacune des parties belligérantes
constitue un tribunal international d'appel en matière de
prises maritimes. Chacun de ces tribunaux est composé de cinq
membres, designés comme suit: L'état belligérant nommera
lui-même le président et un des membres. Il désignera en
outre trois états neutres, qui choisiront chacun un des trois
autres membres."
In the abstract, and supposing that a tribunal perfectly satisfactory
both to belligerents and neutrals could be constituted, whether
antecedently or _ad hoc_, there might be much to be said for the
proposal; subject, however, to one condition--viz. that an agreement
had been previously arrived at as to the law which the Court is to
apply. At the present time there exists, on many vital questions of
prize law, no such agreement. It will be sufficient to mention those
relating to the list of contraband, the distinction between "absolute"
and "conditional" contraband, the doctrine of "continuous voyages," the
right of sinking a neutral prize, the moment from which a vessel becomes
liable for breach of blockade.
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