Letters to "The Times" upon War and Neutrality (1881-1920)Holland, Thomas Erskine
History
Letters to "The Times" upon War and Neutrality (1881-1920)
Holland, Thomas Erskine
Neutrality; War (International law)
But what shall we say of certain proposals for revolutionising the law
of prize, which still remain for consideration, notably for the
establishment of an international Court of Appeal, and for the abolition
of contraband? It can hardly be supposed that either suggestion will win
its way to acceptance.
1. The British scheme for an international Court of Appeal in prize
cases is, indeed, far preferable to the German; but the objections to
anything of the kind would seem to be, for the present, insuperable,
were it only for the reason which you allowed me to point out, some
months ago, _à propos_ of a question put in the House of Commons by Mr.
Arnold Herbert. As long as nations hold widely different views on many
points of prize law, it cannot be expected that they should agree
beforehand that, when belligerent, they will leave it to a board of
arbitrators to say which of several competing rules shall be applied to
any given case of capture, or to evolve out of their inner consciousness
a new rule, hitherto unknown to any national prize Court. It would seem
that the German advocates of the innovation claim in its favour the
authority of the Institut de Droit International. Permit me, therefore,
as one who has taken part in all the discussions of the Institut upon
the subject, to state that when it was first handled, at Zurich, in
1878, the difficulties in the way of an international Court were
insisted on by such men as Asser, Bernard, Bluntschli, Bulmerincq, and
Neumann, and the vote of a majority in its favour was coupled with one
which demanded the acceptance by treaty of a universally applicable
system of prize law. The drafting of such a system was accordingly the
main object of the _Code des Prises maritimes_, which, after occupying
several sessions of the Institut, was finally adopted by it, at
Heidelberg, in 1887. Only ten of the 122 sections of this Code deal with
an international Court of Appeal. A complete body of law, by which
States have agreed to be bound, must, one would think, necessarily
precede the establishment of a mixed Court by which that law is to be
interpreted.
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