Page:The Green Bag (1889–1914), Volume 19.pdf/691

 THE GREEN BAG

AN

INTERNATIONAL

PRIZE-

COURT

By Amos S. Hershey THE extreme desirability, if not the appoint a jurist and a substitute judge of absolute need for an International recognized competence in questions of mari Prize Court has long been admitted on all time international law within three months sides. After a very thorough study of this after the ratification of the agreement. question, the Institute of International Law The right of appeal was confined to neutral at its Heidelberg session in 1887, adopted states and an appeal was only allowed after a project for the organization and procedure a national prize court of last instance had of such a court.1 given its decision. The president of the This need was demonstrated anew during court, whose term was limited to one year, the Russo-Japanese war when Russian prize was to be chosen in alphabetical order by courts condemned and confiscated a num such powers as had the right to appoint ber of neutral cargoes (including the vessels, judges. in a few instances), on wholly insufficient The German project, which was largely or illegal grounds. It is true that the Rus based on the plan suggested by the Institute sian High Admiralty Court at St. Petersburg of International Law referred to above, reversed most of these decisions, either in provided that the court was to consist of whole or in part (e.g., in the cases of the five members, two of whom were to be Allanton, the Arabia, the Calchas, and the admirals representing the belligerents. The Knight Commander); but this was only after three remaining judges were to be selected long delays and repeated protests on the from the list of members of the Hague Tri part of Great Britain and the United States. bunal of Arbitration in a somewhat com The Second Peace Conference which met plicated manner by three neutral powers, at the Hague on June 15, 1907, had not been and the court was only to be instituted after in session more than ten days before two the outbreak of war between two or more projects 2 — one German and the other states. The right of appeal was to belong British — for the establishment of an Inter to neutral and belligerent individuals as well national Prize Court had been submitted to as to neutral states, and might be made from the second sub-committee of the First Com the decision of a national prize court of mission on Arbitration, presided over by first instance. The president was to be M. Bourgeois. At the first meeting of elected by the court itself from among those this committee on June 25, M. Renault of its members who belonged to the Hague (France), Sir Edward Fry (Great Britian), Tribunal, and liberal provision was made and Professor Kriege (Germany), were for the payment of the judges. The advocates of the German plan claimed appointed as a comiU d' examen to study and that its advantages over the British scheme report upon these proposals. The British plan provided that each of the were at least twofold. In the first place, Signatory Powers whose merchant marine it provided for a direct appeal from national surpasses a total of 800,000 tons should prize courts of the first instance by injured belligerent and neutral individuals instead 'For the text of this project, see Tableau of merely by neutral states. Secondly, it Gintral de I' Institut de Droit Int., pp. 217-219, created a court ad hoc, composed partly of sections 100- 109 of the Regletnent International admirals, in which belligerents would prob des Prises. ' The texts of both projects were published inLe ably place greater confidence than in a permanent body of international jurists. Courier de la Conference, for June 28, 1907.