Prize Law During the World War: A Study of the Jurisprudence of the Prize Courts, 1914-1924Macmillan, 1927 - 712 sider |
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Prize Law During the World War: A Study of the Jurisprudence of the Prize ... James Wilford Garner Uten tilgangsbegrensning - 1927 |
Vanlige uttrykk og setninger
according admiralty adverting Appam appeal applied Article Austria-Hungary authority Belgian belligerent binding Britain British Prize Courts cargo cited claim claimants condemned confiscation contraband costs Court for Egypt Court of Prize Crown decided decisions Declaration of London Declaration of Paris decree demnation Droit Int droits of admiralty effect Egypt enemy ship enemy vessels entitled Entsch fact Fauchille et Basdevant French Prize Council German Prize Court Hague Convention ibid infra international law judgment Judicial Committee Jurispr law of nations Lord Parker Lord Stowell Lord Sumner Lordships merchant vessels municipal law Naval Prize neutral port opinion Order in Council outbreak owners practice principles Privy Prize Court Rules prize jurisdiction prize law prize tribunals procedure proceeds question regard release right of capture Roumanian rules of international seized seizure Sir Samuel Evans supra Supreme Prize Court territorial waters tion treaty validity vention Visscher
Populære avsnitt
Side 563 - Absolute contraband is liable to capture if it is shown to be destined to territory belonging to or occupied by the enemy or to the armed forces of the enemy. It is immaterial whether the carriage of the goods is direct or entails transshipment or a subsequent transport by land.
Side 177 - While the guiding principles of the law must be followed, it is a truism to say that international law, in order to be adequate, as well as just, must have regard to the circumstances of the times, including "the circumstances arising out of the particular situation of the war, or the condition of the parties engaged in it:" vide The Jonge Margaretha (1799), 1 C.
Side 47 - ... ships, vessels, and goods that are or shall be taken, and to hear and determine the same, and according to the course of Admiralty and the Law of Nations, and the Statutes, Rules, and Regulations for the time being in force in that behalf...
Side 554 - The reason for drawing a distinction between foodstuffs intended for the civil population and those for the armed forces or enemy Government disappears when the distinction between the civil population and the armed forces itself disappears.
Side 60 - I consider to be goods of prize ; for I know no other definition of prize goods than that they are goods taken on the high seas, jure belli, out of the hands of the enemy...
Side 2 - It follows that but for the existence of Courts of Prize no one aggrieved by the acts of a belligerent Power in times of war could obtain redress otherwise than through diplomatic channels and at the risk of disturbing international amity. An appropriate remedy is, however, provided by the fact that, according to international law, every belligerent Power must appoint and submit to the jurisdiction of a Prize Court to which any person aggrieved...
Side 189 - ... it is strictly true that by the Constitution of this country the King in Council possesses legislative rights over this court and has power to issue orders and instructions which it is bound to obey and enforce; and these constitute the written law of this court. These two propositions, that the court is bound to administer the law of nations, and that it is bound to enforce the King's Orders in Council, are not at all inconsistent with each other, because these orders and instructions are presumed...
Side 30 - In spite of remonstrances from many quarters, they placed full reliance on the American prize courts to grant redress to the parties interested in cases of alleged wrongful capture by American ships of war, and put forward no claims until the opportunities for redress in those courts had been exhausted.
Side 235 - A prize may only be brought into a neutral port on account of unseaworthiness, stress of weather, or want of fuel or provisions. It must leave as soon as the circumstances which justified its entry are at an end. If it does not, the neutral Power must order it to leave at once ; should it fail to obey, the neutral Power must employ the means at its disposal to release it with its officers and crew and to intern the prize crew.
Side 177 - In the domain of International Law, in particular, there is room for the extension of old doctrines or the development of new principles, where there is, or is even likely to be, a general acceptance of such by civilised nations. Precedents handed down from earlier days should be treated as guides to lead, and not as shackles to bind. But the guides must not be lightly deserted or cast aside.