Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
b. On International Law--Neutral rights,
destruction of prizes, right to
capture private property at sea,
attitude of naval personnel, of
publicists, at Second Hague Conference.
c. Conclusion--Little Effect for good or
evil, why it remains law, attitude
of England at the Second Hague
Conference, it should be abolished.
_Bibliography_
General 120
Ancient 127
Medieval 128
Great Britain 130
INTRODUCTION.
The rules for disposing of the proceeds of prizes captured in war
is a question of municipal law. After a prize has been legally
condemned, international law has no direct concern with the ultimate
disposition which the captor state may choose to make of the
proceeds. Indirectly, however, the prize money laws of different
states may be of great interest to other states, for the character
of the internal regulations in this matter may determine the amount
of energy displayed by cruisers in making captures; the impartiality
of national prize tribunals, the number of prizes and the number of
condemnations made in a particular war; questions of vital interest
to both belligerent and neutral merchantmen plying their trade on the
high seas in time of war.
It is the purpose of this paper to investigate the character of prize
money laws in force in various countries at different periods of
their history, the conditions which have given rise to such rules,
and the effect particular rules have had upon maritime captures in
time of war.
_CHAPTER I. AMONG THE ANCIENTS._
PART 1. GREECE.
a. Land War.
The Greeks are possibly the earliest people who attained a sufficient
degree of civilization to have any definite laws of war, consequently
we shall first look to them for laws of prize distribution. In his
chapter on "the right of acquiring things captured in war",[1]
Grotius treats at length the condition of private property in war
among the ancients. His remarks are intended to refer to both land
and naval warfare though in fact all his instances are drawn from
land warfare. It is probable that the same theories applied in both
cases though on the high seas from the nature of the case, the state
would have much greater difficulty in enforcing any restrictions upon
the right of making captures and appropriating the profits therefrom
than on land.
In regard to the Greek treatment of prize, Grotius says:[2]
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