taken part in the case as counsel or advocate for one of the parties. "No Judge or Deputy Judge can, during his tenure of office, appear as agent or advocate before the International Prize Court, nor act for one of the parties in any capacity whatever (Art. 17)." 99 32 The belligerent captor is entitled to appoint a naval officer of high rank to sit as Assessor, but with no voice in the decision. A neutral Power which is a party to the proceedings or whose nation is a party, has the same right of appointment. . (Art. 18)." 33 529. The Seat of the Court. "The seat of the International Prize Court is at The Hague, and it cannot, except in the case of compulsion (force majeure) be transferred elsewhere without the consent of the belligerents (Art. 21)." 34 530. Language. "The Court determines which language it will itself use and what languages may be used before it. "In all cases the official language of the National Courts which 32 12 H. C., 17. Cf. 1 H. C. (1907), Art. 62, par. 3. 33 Ibid., 18. Article 18 adds: "If in applying this last provision more than one Power is concerned, they must agree among themselves, if necessary, by lot, on the officer to be appointed." "The Court elects its President and Vice-President by an absolute majority of the votes cast. After two ballots, the election is made by a bare majority, and, in the case the votes are equal, by lot (Art. 19 of 12 H. C.)." "The judges of the International Prize Court are entitled to traveling allowances in accordance with the regulations in force in their own country, and in addition receive, while the Court is sitting or while they are carrying out duties conferred upon them by the Court, a sum of 100 Netherland florins per diem [approximately $40]. "These payments are included in the general expenses of the Court dealt with in Article 47, and are paid through the International Bureau established by the Convention of the 29th July, 1899. "The Judges may not receive from their own Government or from that of any other Power any remuneration in their capacity of members of the Court (Art. 20)." 34 12 H. C., 21. Cf. 1 H. C. (1907), 60. "The Administrative Council fulfils the same functions with regard to the International Prize Court as with regard to the Permanent Court of Arbitration, but only members of Contracting Powers shall be members of it (Art. 22)." Cf. I H. C. (1907), 49. "The International Bureau acts as registry to the International Prize Court, and must place its offices and staff at the disposal of the Court. It has the custody of the archives and carries out the administrative work. "The Secretary-General of the International Bureau acts as Registrar. "The necessary secretaries to assist the Registrar, translators and shorthand writers are appointed and sworn in by the Court (Art. 23).” have had cognizance of the case can be used before the Court (Art. 24)." 1935 531. Special Agents and Counsel." Powers which are concerned in a case may appoint special agents to act as intermediaries between themselves and the Court. They may also engage counsel or advocates to defend their rights and interests (Art. 25)." 36 35 12 H. C., 24. Cf. 1 H. C. (1907), 61. 36 Ibid., 25. Cf. 1 H. C. (1907), 62. "A private person concerned in a case will be represented before the Court by an attorney, who must be either an advocate qualified to plead before a Court of Appeal or a High Court of one of the Contracting States, or a lawyer practicing before a similar Court, or lastly, a professor of law at one of the highest teaching centers of those countries (Art. 26)." "For all notices to be served, in particular on the parties, witnesses, or experts, the Court may apply direct to the Government of the State on whose territory the service is to be carried out. The same rule applies in the case of steps being taken to procure evidence. "Requests for this purpose are to be executed so far as the means at the disposal of the Power applied to under its municipal law allow. They cannot be rejected unless the Power in question considers them calculated to impair its sovereign rights or its safety. If the request is complied with, the fees charged must only comprise the expenses actually incurred. "The Court is equally entitled to act through the Power on whose territory it sits (cf. 1 H. C., 1907, Art. 76). "Notices to be given to parties in the place where the Court sits may be served through the International Bureau (Art. 27).” The important points in the procedure to be followed before the International Prize Court may be thus briefly summarized: Appeal is "entered by means of a written declaration made in the National Court which has already dealt with the case, or addressed to the International Bureau," entry by telegram being permitted in the latter case. The period within which the appeal must be entered is fixed at 120 days (Art. 28). The procedure "comprises two distinct phases; written pleadings and oral discussions" (Art. 34). After the close of the pleadings, a public sitting is held on a day fixed by the Court. At this sitting the parties state their view of the case both as to the law and as to the facts” (Art. 35). "The discussions take place in public, subject to the right of a Government which is a party to the case to demand that they be held in private" (Art. 39). "The Court considers its decisions in private and the proceedings remain secret. All questions are decided by a majority of the Judges present" (Art. 43). "The judgment of the Court must state the reasons on which it is based" (Art. 44). "The judgment is delivered in open court" (Art. 45), and "each party pays its own costs," though "the party against whom the Court decides bears in addition the costs of the trial" (Art. 46). Certain duties conferred upon the Court may be discharged by a delegation of three judges appointed by it (Art. 48). "The Court itself draws up its own rules of procedure which must be communicated to the contracting Powers," and it may "prepare modifications in the provisions of the present Convention concerning procedure" (Arts. 49-50). BIBLIOGRAPHY International Prize Court. I and 2 Actes et doc. de la deuxième confér., 165, 188-229, and 11-33, 783-856, 1071-1106 respectively; 9 Annuaire (1887), 239; Barclay, Problems, etc., 105-108; Bonfils (Fauchille), Nos. 1440 and 1691; Brown, in 2 A. J. (1908), 476 ff.; Bustamante, ch. 27; Curtius, in 41 R. D. I. (1909), 5 ff.; *Dupuis (1899 and 1911), ch. 11; Fried, Die zweite Haager Konferenz, 121-130; Gregory, in 2 A. J. (1908), 458 ff.; Hershey, in 19 Green Bag (1907), 652 ff.; *Higgins, 407-444; * Holland, War and Neutrality, 150-162; Lawrence, Principles (4th ed.), § 192; *Ibid., in International Problems, etc., 141-159, 182–197; *Lémonon, 280-335; 2 Oppenheim, § 438; Ozanan, La jurisdiction int. des prises maritimes (1910), Pt. II, 121 ff.; 1 Pohl, Deutsche Prisengerichtsbarkeit (1911), 47 ff.; * Renault, in 1 Scott, 491-493, 501; 1 Scott, ch. 10; *Ibid., in 5 A. J. (1911), 302 ff.; Tableau, etc. (for Project of the Institute of Int. Law), 217-219; * 2 Westlake, 288-907; White, in 2 A. J. (1908), 490 ff. Rights of Visit and Search. *Atherley-Jones, Commerce in War (1907), chs. 5-6; Barclay, Problems, etc., 71-72; Bluntschli, Arts. 819826; Bonfils (Fauchille), Nos. 1589 ff.; 5 Calvo, §§ 2939-2991; Dana, notes, 242-243 to Wheaton; Despagnet, Nos. 693-695; Duboc, in 4 R. D. I. P. (1897), 382 ff.; * Ibid., Le droit de visites, etc. (1902); * Dupuis (1899 and 1911), ch. 9; 3 Fiore, Nos. 1630-1641; Geffecken, in 4 Holtzendorff, 773-781; *Hall, Pt. IV, ch. 10; *2 Halleck, ch. 27; 3 Hautefeuille, 1-202; Heffter, §§ 169-171; * Holland's Manual of (British) Prize Law (1888), Nos. 1-17, 155-230; 2 Kleen, 246-389; Klüber, §§ 293-294; Int. Law Topics (1905), 48-61; Lawrence, Principles (3d ed.), § 210; Ibid. (4th ed.), § 186; Lawrence, (W. B.), Visitation and Search (1858); Loewenthal, Das Untersuchungsrecht, etc. (1905); Manning, 436-460; Mirbach, Die völkerr. Grundsätze des Durchsuchungsrecht (1903); 1 F. de Martens, § 137; For the full texts of these Rules of Procedure, together with the "Final Provisions" (Arts. 51-57), see Higgins, 418 ff; or Scott, Text, etc. 302-315. For a good summary see Scott, in 5 A. J. (1911), 320 ff. "The present Convention does not apply as of right except when the belligerent Powers are all parties to the Convention" (Art. 51). It "shall remain in force for twelve years from the date at which it comes into force," and "shall be renewed tacitly from six years to six years unless denounced” (Art. 55). "The Convention has been signed by all the Powers represented at the Conference except Brazil, China, Dominica, Greece, Luxemburg, Montenegro, Nicaragua, Roumania, Russia, Servia, and Venezuela. Eleven States, therefore, have not signed the Convention, and ten more have refused to accept the composition of the Court under Article 15." Higgins, 442. By consulting the "Table of Ratifications" in 5 A. J. (1911), 769-770, it will be seen that at that time only a few States had ratified the Twelfth Convention for the Establishment of an International Prize Court. These were Guatemala, Haiti, Mexico, and Salvador. However, the Senate of the United States advised and consented to the ratification of this Convention on February 15, 1911. Scott, in 5 A. J. (1911), 302. *7 Moore, Digest, §§ 1199 ff.; 214-245; Perels, §§ 52-55; 3 428; Scott, Cases, 858-898; * * * 2 Oppenheim, Pt. III, ch. 6; 2 Ortolan, Phillimore, Pt. 10, chs. 3; 2 Rivier, 423Stockton's Naval (U.S.) War Code, Arts. 30-33, 46-50; Taylor, Pt. V, ch. 8; Testa, 230-242; 2 Twiss, §§ 91-97; Vattel, liv. III, § 114; 3 Wharton, ch. 16; Wheaton, §§ 524-537; Wilson, ch. 23; Woolsey, §§ 208 ff. Capture, Prize Courts, and Procedure. 6-9 Annuaire (1881-1887), passim; Atherley-Jones, chs. 7-9; *Bardas, Das öffent. Seerecht Ostreichs (1909); Bluntschli, Arts. 841-862; *Boeck, Nos. 329-380, 740-790; *Boyens, Das deutsche Seerecht (1897 and 1901, in 2 vols.); * Bulmerincq, in 1014 R. D. I. (1878-1882), passim, espec. 11 R. D. I. (1879), 152 ff. and 321 ff.; 5 Calvo, §§ 3004-3114; De Cussy, Causes célèbres (1865), passim; Dana, note 186 to Wheaton, 450 ff.; Despagnet, Nos. 664-670; Dupuis, Le droit de la guerre maritime (1899 and 1911), ch. 10; 3 Fiore, Nos. 1681-1691; Geffcken, in 4 Holtzendarf, 781-788; Gessner, Le droit des neutres sur mer (1876), 369 ff.; Ibid., in 13 R. D. I., 260 ff.; Grotius, De jure praeda (1604-1605), ed. Hamaker (1868); Halleck, chs. 31-32; 3 Hautefeuille, 211-395; Heffter, §§ 172-173; *Holland, Manual (British) Prize Law (1888), Nos. 231-314; Hübner, De la saisi des bâtiments neutres (1759); * 2 Kleen, 390 ff.; Lawrence, Principles (3d ed.), §§ 212-214; Ibid. (4th ed.). §§ 188-190; Manning, 472-483; Marstrand-Mecklenburg, Das Japanische Prisenrecht, etc. (1908); Ch. de Martens, Causes célèbres, passim; *Perels, Das allg. öffent. Seerecht im Deutschen Reiche (1901); 3 F. de Martens, §§ 125-126; 7 Moore, Digest, ch. 25; *2 Oppenheim, §§ 429-438; Ozanan, La jurisdiction int. des prises maritime (1910); 2 Ortolan, liv. III, ch. 5; Perels, §§ 53-60; *3 Phillimore, Pt. IX, chs. 4-6 and Pt. XI; Pistoye et Duverdy, Traité des prises maritimes (1859), in 2 vols.; 2 Rivier, 339-359; Story, Notes on the Principles and Practice of Prize Courts (1854); *Scott, Cases, 899-933; Tableau, etc. (for Project adopted by Institute of Int. Law), 995 ff.; Taylor, §§ 563-567, 691; Takahashi (cases during the RussoJapanese War), Pt. V; Ibid., Cases during Chino-Japanese War (1899); Testa, 243-247; 2 Twiss, ch. 9; Valin, Traité des prises (1758-1760); Wehberg, Das Beuterecht, etc. (1909); *Ibid., Capture in War on Land and Sea (1911); Vigiere, La jurisdiction des prises maritime (1901); 3 Wharton, §§ 328 ff.; Wheaton, §§ 389-397; Wilson, ch. 28. * For fuller Bibliographies, see Bonfils, De Boeck, Olivart, Ozanan, and Wehberg. A INDEX (The references are to pages.) Abstention, as a characteristic of neutrality, Abyssinia, 97, 98 n., 108 n. Acquisition of territory: modes of, 172, Aerial Space: as object of Int. Law, 171; Aërial Warfare, 390 and n., 396 and n., Africa, 104 n., 183; partition of, 187 n., 191; | as and imperative character of, 20; Airships, control over, 235 and n. Alaska, 209 n.; purchase of, 183; gambling standing in court of, 395 n. in respect to exclusion of, 257–258 and n.; Allegiance, 182, 184, 236, 239, 242, 244 n., cannot contract, 112; treaties of, 100, 147. Alluvium, the Roman law of, 44, 65. and n., 279 (see also Diplomatic Agents, America: effects of discovery of, 50; colo- Anglo-Boer War (1900), 118 n., 360 n., 362 n., Annam, 98, 107. Antiquity international relations during, 26-27; the law of, 28-29; bibliography |