Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
"That in view of these ideas all the individual benefit to the profit
of agents of the state which exercises the right of capture ought to
be excluded and that the loss suffered by individuals from the taking
of prize ought to be finally borne by the state to which they belong;
"The French delegation has the honor of proposing to the fourth
commission that it express the wish that states which exercise the
right of capture appropriate the portion of prizes given to the crews
of the capturing vessels and promulgate the necessary measures,
so that the loss, caused by the exercise of the right of capture,
will not rest entirely upon the individuals from whom the wealth
may have been captured."--This "Voeu" known as annexe 16 of the
fourth commission appears in French text in Second Hague Conference
Acts and Documents, iii, 1148; English translation in Westlake,
International Law, ii, 313. For discussion of the measure see Second
Hague Conference, Acts and Documents, iii, 792, 809, 842, 845, 906,
909. Before a vote was taken the two portions of the motion were
separated. The final result as given on page 909 of the volume cited
was as follows:
On Abolition of prize money; Aye--Germany, Austria-Hungary, Chile,
China, France, Greece, Italy, Japan, Montenegro, Norway, Holland,
Persia, Russia, Servia, Sweden, Turkey, 16. Nay--United States,
Argentina, Cuba, Mexico, 4. Not Voting--Belgium, Brazil, Denmark,
Dominican Republic, Equador, Spain, Great Britain, Hayti, Panama,
Paraguay, Portugal, Salvador, Siam, Switzerland, 14.
On State insurance against private loss; Aye--Austria-Hungary,
France, Great Britain, Montenegro, Holland, Russia, Servia, 7.
Nay--Germany, United States, Argentina, Chile, China, Cuba,
Italy, Japan, Mexico, Norway, Persia, Sweden, Turkey, 13. Not
Voting--Belgium, Brazil, Denmark, Dominican Republic, Equador,
Spain, Greece, Hayti, Panama, Paraguay, Portugal, Salvador, Siam,
Switzerland, 14.
Although the United States has abolished prize money, her delegates
voted against the proposition on this occasion on the grounds that
it was a matter for internal regulation, and that they did not wish
to take the emphasis from the broader project of total abolition of
the right to capture private property which they advocated. Though
England abstained from voting, her delegate expressed opposition to
the "Voeu" in debate.
[13] Second Hague Conferences, iii, 906.
[14] Bentwich, The Law of Private Property in War, p. 72.
_BIBLIOGRAPHY._
_General._
Atherley-Jones, L. A. Commerce in War. London, 1907.
Baker, Sir Shurston. First Steps in International Law. London, 1899.
Bentwich, Norman. The Declaration of London. London, 1911. The Law of
Private Property in War. London, 1907.
Bluntschli, J. C. Le Droit International Codifié. French translation
from German by M. C. Lardy. 4th Edition. Paris, 1886.
Bonfils, Henry. Manuel de Droit International Public. 3rd Edition.
Paris, 1901.
Bowles, T. G. Maritime Warfare, London, 1878.
Public-domain text, read in full here on John Shaqi.
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