Prize Law During the World War: A Study of the Jurisprudence of the Prize Courts, 1914-1924

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Macmillan, 1927 - 712 sider

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The Prize Claims Committee
17
The Naval Prize Tribunal 13 The Committee on Contraband Trade
18
Division of Jurisdiction as Between Different Prize Courts 15 Transfer of Cases from One Prize Court to An other
19
Enforceability of Prize Court Orders in Other Jurisdictions
20
Conflict Between British Prize Courts
21
Jurisdiction in Case of Joint Captures
22
Tribunals of Appeal Great Britain
23
The Same Germany and AustriaHungary 21 The Same Other Countries
24
Differences of Organization
25
Merits and Demerits of the Different Types
27
Effect of Prize Adjudication
28
Diplomatic Intervention Versus Prize Adjudication 26 When Prize Court Decisions Reviewable
32
The Same Cases During the World
33
Prize Bounty
34
Droits of the Crown and Droits of Admiralty
39
Decisions of the Naval Prize Tribunal
40
The Same Continued
43
JURISDICTION OF PRIZE COURTS Sec 32 Jurisdiction Determined by Both International and Municipal Law 33 National Regulations
45
Sources of British Prize Jurisdiction
46
The Same Italy and Siam
47
Prize Court Judge of Its Own Competence
48
British Jurisprudence
49
But Prize Court No Jurisdiction to Redress Hard
50
The Same Continued
52
Belgian Jurisprudence
53
Jurisprudence of Other Countries
54
Prize Court Ousts Jurisdiction of Other Courts in Matters of Prize
55
Admiralty Court No Jurisdiction When Res Is in Custody of Prize Court
57
Jurisdiction of Seizures on Land in Ports Inland Waters Etc British Decisions
58
The Same Jurisprudence of Other Countries 46 Confiscation by Military Court Does Not Deprive Prize Court of Jurisdiction
61
Prize Court No Jurisdiction of Acts of War Not Amounting to Capture
62
No Jurisdiction Where No Capture
63
Prize Court Not Guardian of International Con ventions
64
Prize Court No Jurisdiction of Political Military or Diplomatic Questions 51 The Same Continued
65
Prize Court No Jurisdiction of Questions Arising Out of Captures on Land in Interior of Country
66
Reparations for Violation of Treaties 54 Jurisdiction of Prize Court in Respect to Trading with the Enemy
68
Ancillary Jurisdiction British Doctrine 56 Claims for Freight Where Cargo is Released British Decisions
69
The Same Claims for Damages
73
The Same French Jurisprudence
74
The Same German Austrian and Italian Juris prudence
75
Prize Court Usually No Jurisdiction of Captures of Enemy Public Vessels
76
What Are Merchant Vessels
77
Jurisdiction Over Proceeds of Sale of Enemy Prop erty
78
Jurisdiction of Prize Court Expires Only with Release of Property
79
Duty of Prize Court to Preserve the Res in Its Custody
80
Jurisdiction When the Prize Is No Longer in Ex istence Sequestration Equivalent to Capture
81
Belgian Jurisprudence
83
Belgian Doctrine Contested
84
The Same Case of the Appam
86
View of the American Supreme Court
87
PRIZE COURT PROCEDURE
89
Sources of Procedure English Rules 71 German and Austrian Rules 72 French Rules 73 Rules of Other Countries
91
Duty to Bring Prizes
92
Preliminary Inquiry 76 Forms of Action
94
Officer Bringing the Action
96
Right of Enemy Subjects to Appear British Practice
99
Case of the Marie Glaeser
100
The Same Continued
104
NonOwners No Locus Standi
106
The Same French Jurisprudence
109
The Same German Jurisprudence 83 Position of Claimant in the Prize Court
110
Burden of Proof Usually on Claimant
111
Specific Cases in Illustration
112
Admission of Extrinsic Evidence
114
Rules Regarding Admission of Evidence
115
Rules of Criminal Procedure Not Applicable in Prize Proceedings
117
Further Proof
118
Spoliation of Documents
120
Pleadings 92 Discovery of Documents
122
Nature and Extent of the Power
123
Penalty for NonCompliance with Order
126
Costs and Security English Practice
128
Who Bears the Costs
129
The Same Case of the Zamora View of Sir Samuel Evans
130
The Discretion of the Judge
131
Observations on the Zamora Decision
132
View of the German Prize Courts
133
English and German Theory Compared
134
The Same German and French Practice
135
Italian Jurisprudence
136
Procedure of the Privy Council
137
Right of Appeal
138
Jurisdiction of the Judicial Committee
139
Right of Capture Exists Only During State of War 140 Effect of Armistices and Treaties of Peace
140
Effect of Treaties of Peace on Prize Proceedings
141
LAW APPLIED BY THE PRIZE COURTS
142
State of Maritime Prize Law in 1914 The Dec laration of Paris
143
The Same The Hague Conventions 106 The Same The Declaration of London
144
Application by Prize Courts of Declaration of Paris
145
Attitude of Governments Toward the Hague Con ventions
146
Attitude of the Prize Courts in Respect to Inter national Conventions in General
148
The Same Effect of Solidarity Clause in Hague Conventions
150
The Same The Principle of Reciprocity British Decisions
154
The Same French Siamese and Belgian Deci sions
158
Attitude of the Prize Courts in Respect to the Declaration of London Source of Its Validity
159
The Same Relation of Declaration of London to International
160
The Same Rôle of the General Report in the Interpretation of the Declaration of London
162
British Doctrine of Precedents
166
Views of the British Prize Courts
167
Foreign Decisions as Authority
170
Doctrine and Practice of Continental Prize Courts
171
Opinions of Text Writers and Jurists as Authority
174
Effect of Changed Conditions upon the Doctrine of Stare Decisis
176
Effect of Changed Conditions Strictly Construed
179
Observations on the English Doctrine of Stare Decisis
182
View of the Judicial Committee
183
But the Prize Court Recognized Changes in Inter national Law 126 Relation Between International and Municipal Law View of British Prize Courts
185
The Same Continued
187
Captures in Territorial Waters and Ports 144 Captures in Rivers and Other Interior Waters
207
Italian and French Cases Seizures on Rivers
209
Case of the Primula 147 Seizure in Tanks on Shore The Roumanian
210
Case of the Eden Hall Seizure in Bonded Warehouse
214
The Same Case of the Glenroy 150 The Same Case of the Achilles
215
The Same The Achaia No
216
Goods Landed by Neutral Ship and Placed in Bonded Warehouse
218
French Jurisprudence Seizures on Docks and in Warehouses
219
Italian Jurisprudence Seizures in Warehouses and on Dry Land
220
Seizures on Land in the Interior
221
Captures on Inland Lakes
222
Captures in Neutral Waters The Principle of International Law 159 Cases of the Elida and Others The German
224
French Jurisprudence 161 Point from Which Three Mile Zone Is Measured
226
Legal Effect of Captures in Neutral Waters
227
German Jurisprudence Prize Court No Juris diction of Captures in Neutral Waters 164 French Jurisprudence
228
Italian Jurisprudence 166 British Decisions Validity of Captures in Neu tral Waters
230
Right of Neutral to Costs Expenses and Damages
231
Capture of Vessel Outside Neutral Waters by Warship Within Said Waters
232
Capture Within Neutral Waters by Ships Outside Thereof 170 Effect of Traversing Neutral Zone with Prize
233
The Same Case of the Appam
236
Question as to Status of Albanian and Egyptian Ports
238
FISHING VESSELS HOSPITAL SHIPS SMALL BOATS ENGAGED IN LOCAL TRADE ETC Sec 175 The Eleventh Convention 176 The Tenth Co...
243
Case of the Ophelia
244
Italian Case of the Oceania
247
Case of the Maria No Immunity According to Customary
248
Tugs Lighters and Motor Boats
249
The Cervignano and Friuli
251
Other Italian Cases
252
Austrian Cases
253
Relation of the Sixth Convention to the Customary
265
Views of the British Prize Courts
266
View of the German Prize Court 202 View of the Belgian Prize Council 203 View of the Chinese Prize Court
268
Is Permission to Leave Dependent upon the Is suance of a Proclamation?
269
Pleasure Yachts British Interpretation
270
The Same View of the French Prize Council 207 The Same View of the German Prize Court
272
Are Tugs and Lighters Merchant Vessels? Ger man Interpretation
274
English and German Interpretation Compared
275
Meaning of the Word Port British Interpre tation
278
The Same German Interpretation
279
The Same French Interpretation
280
Convention No Application to Vessels to Which Entrance is Refused 214 Presumption of Knowledge Possession of Wireless Apparatus
281
What Constitutes Ignorance of Hostilities
282
Refugee Ships in Port Interpretation of the British Prize Court
283
Status of Enemy Merchant Vessels in Egyptian Ports
286
Decisions of the Chinese Prize Court 219 Action of the Prize Court of Siam 220 Policy of Other Countries
287
The Interdependence of Articles 1 and 2 of the Sixth Hague Convention
290
Other English Cases
295
The German Case of the Fenix
296
Belgian Cases
297
Article 4 Sixth Hague Convention Applicable
298
Italian Jurisprudence
299
lief Ships 240
309
Neutral Flag if Infected by Presence of Con
320
Sec 247a Declaration of Paris Protects Both Neutral Ship
321
258
341
Owners of Neutral Ships Detained Under Order
343
Goods the Produce of Territory Under Enemy
349
DETERMINATION OF NATIONAL CHARACTER
362
French Jurisprudence
395
Status of Enemy Interests in Neutral Vessels
396
NATIONALITY OF SHIPS CONTINUED TRANS FERS OF FLAG
398
Status of Articles 55 and 56 During the World
400
When Right to Fly National or Neutral Flag Is Acquired
402
Transfers Subsequent to the Date of Capture 307 Transfers to National or Allied Flag Case of the Tommi and Rotherstand
403
Case of the Bellas
405
The Same Case of the Colonia
406
Under Article 57 While in Force Flag Was Con clusive in Case of Transfers Made Before Outbreak of War 311 Uncompleted Transfers What Constit...
407
The Same Italian Cases
409
The Case of the Dacia
411
tion of Article 56
414
Observations on the Decision in the Dacia Case
416
Case of the Edna British Interpretation of Article 56 What Constitutes Good Faith
417
Transfer of Enemy Owned Ship to French Flag After Outbreak of
421
Fictitious Transfers 318 German Interpretation of Article 56 The Pass of Balmaha
422
The Same Continued Case of the Cubano
423
The Same Continued Case of the De Brussels 31Uncompleted Transfer
424
NATIONALITY OF GOODS CAPTURED AT
433
Necessity of Permanent Residence Case of
448
398
454
Right and Duty of Subject to Sever Connection with House in Enemy Country
458
Acquisition of Commercial Domicile in Oriental Countries
460
PASSING OF PROPERTY Sec 349 Preliminary Observations 350 Distinction Between AnteBellum and PostBellum Transactions
465
The Risk Test The Jus Disponendi Case of the Miramichi
466
The Same Case of the Parchim
467
The Same Case of the Derflinger No
469
The Same The Prinz Adalbert
470
Special Clauses in Contracts
471
The Same Continued Documents Against Ac ceptance
474
No Arrival No Sale
476
Status of Shipping or Commission Agents
477
Shipments Between Principal Houses and Their Branches
478
The Same Continued 362 The Same Continued
479
Goods Shipped by Neutral Branch of Enemy House to Neutral Consignees
482
Claims of Mortgagees Pledgees Insurers
484
Transfers of Ownership After Date of Capture
485
Law Applied by the British Prize Courts
486
Transfers Before Outbreak of War Case of the Southfield
487
The Same Case of the Daksa
488
Necessity of Delivery sessan Margareta Case of the Kronprin
489
Transfers in Transitu Case of the Dirigio and Other Vessels 371 The Same Case of the United States
491
The Same Case of the Posterior and Others 373 German Jurisprudence
495
French Jurisprudence
497
Italian Jurisprudence
498
Nationality of Companies Preliminary Observa tions 377 Municipal Regulations
499
English Cases The Derflinger No
500
Case of the Eumaeus 380 Case of the Poona
501
Cases of the Michigan and the St Tudno
504
Status of Goods the Produce of Enemy Soil
506
German Decisions
508
CHAPTER XIII
510
Carriage of Contraband No Violation of Inter national
511
Distinction Between Absolute and Conditional Contraband
512
Necessity of Hostile Destination
514
The Doctrine of Continuous Voyage
515
Contraband May Include Property Transported in the Mails
517
The SameDecisions of Prize Courts
518
What Constitutes Hostile Destination
519
Whose Intention Is Decisive as to Hostile Destina tion? View of British Prize Courts
520
The Same View of the German Prize Court
522
The Date at Which Hostile Destination Must Exist
523
The Same Continued View of the French Prize Council 396 Proof of Hostile Destination Burden of Proof
524
The Same Continued Admission of Extrinsic Evidence
526
The Same Neutral Protests
527
The Same Justification by the Prize Courts
528
Proof Derived from the Ships Papers
529
Presumptions of Hostile Destination Rules of Declaration of London 402 Establishment of New Presumptions by Belligerent Governments
533
Interpretation and Application of Presumptions Goods Consigned to Enemy Ports
535
The Same Continued Ship Touching at Inter mediate Enemy Port
536
Goods Destined for the Enemy Government or Armed Forces
538
Consignments to Agents of Enemy in Neutral Territory
539
Fraudulent Concealment 408 Consignments to Other Than Bona Fide Consignees
540
Hostile Destination Presumed When Imports into
551
Conclusive as to Innocent Destination
560
CONTRABAND OF WAR CONTINUED RIGHT
575
Provisions of Article 43 of Declaration of London
595
The Same Interpretation by British Prize Court 437 The Same Interpretation by German Prize Court
596
Interpretation by French Prize Council and Italian Prize Commission
597
Article 43 Does Not Protect Contraband Goods Belonging to Enemy
598
Infection Interpretation by British Prize Court
601
Interpretation by Continental Prize Courts 442 Right and Duty of Search 443 Taking of Prizes into Port for Search Contro versy Between the United ...
604
British Prize Jurisprudence
606
Jurisprudence and Practice of Other Countries
607
Revictualment of Ships of
610
Transport of Dispatches Enemy Agents
613
Transport of Military Persons
614
Transportation of Refugees from Enemy Port Case of the Hanametal
618
BLOCKADE
621
Examples of Regular Blockades
622
Blockade of Neutral States Albania and Greece
623
The Question of Effectiveness
624
The Question of Notification 457 Knowledge of the Existence of Blockade
626
Violations of Blockade French Decisions
628
The Same Italian Decisions
629
The German Submarine Blockade of the Brit ish Isles
630
The AngloFrench Blockade of Germany
631
Validity of AngloFrench Blockade Sustained by Prize Courts
634
Observations on the Legality of the AngloFrench Blockade
635
INDEMNITIES AND DAMAGES
637
465
639
510
640
INDEMNITIES AND DAMAGES CONTINUED
661
Right of British Ship Owner to Freight for Car
668
of Owners
675
German Jurisprudence
685
Claims of Captain and Crew
700
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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 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 637 - If the capture of a vessel or of goods is not upheld by the prize court, or if the prize is released without any judgment being given, the parties interested have the right to compensation, unless there were good reasons for capturing the vessel or goods.
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 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 536 - Article 30 is complete in the following cases : (1) When the goods are documented for discharge in an enemy port, or for delivery to the armed forces of the enemy. (2) When the vessel is to call at enemy ports only, or when she is to touch at an enemy port or meet the armed forces of the enemy before reaching the neutral port for which the goods in question are documented.
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.
Side 382 - It is a simple rule which appears satisfactorily to meet the special case of ships, as distinguished from that of other movable property, and notably of the cargo. From more than one point of view ships may be said to possess an individuality; notably, they have a nationality, a national character. This attribute of nationality finds visible expression in the right to fly a flag. It has the effect of placing ships under the protection and control of the state to which they belong. It makes them amenable...
Side 123 - ... documents which are or have been in his possession or power, relating to any matter in question therein. On the hearing of such application the Court or...

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