MARITIME WARFARE.

Dominion, Volume 1, Issue 211, 30 May 1908, Page 5

MARITIME WARFARE.

THE PRIZE COURT. GREAT BRITAIN AND THE POWERS. A CONFERENCE, at telegraph—ruiisa association—corTtttom. (Rec. May 29, 9.48 p.m.) , London, May 29. Tho Secretary for Foreign Affairs, Sir Edward Groy, states that Britain lias invited the chief naval Powers to a conference in London in tlio autumn, to discuss rules for tho blookago of contraband, boforo ratifying tho convention for an International Prize Court adopted by Tho Haguo Conference. Private property at sea is not to bo included in tho deliberations. LAWS MUST PRECEDE THE COURT. At ; tho sixth plonary sitting of Tho Hague Conference, a convention for tho institution of an International Prize Court of Appeal was adopted by 37 votes to 1, with 6 abstentions (Japan, Russia, Turkey, Siam, Venezuela, and San Domingo). Tho Court is to bo composed of fiftoen Judges appointed by the signatory Powers within six months of the ratification of the Convention, and holding office for six years. Of theso fifteen Judges, eight appointed by the following Powers—Great Britain, Germany, United States, Franco, Austria-Hun-gary, Italy, Japan, and Russia—will always sit, the other seven being appointed by other Powers according to a scheme of rotation. A belligerent Power which has not a Judge nominated by its sitting at the time, may require that such a,Judgo_will take flart in tho trial of nil casos arising out of a war in which that Power is engaged. Appeals may bo made to the International Court from tho national tribunal which 1 has dealt with tho casa When the Court is not in session, its functions as to communications relative to cases, etc., will- be exercised by a committee of three Judges nominated by the Court. Tho Convention, when ratified remains in force for twolve years. -It was pointed out by "Tho Times" correspondent that tho fatal defect of the scheme was that there was no universally recognised laws of maritime war for the Court to apply. Commenting editorially on tho proposed l'rizo Court, "Tho Times" said:—"lf £uch an important chapter of the law which'- that Court is to administer is too bad and too vague for our adoption, wo cannot rationally or consistently entrust a tribunal of foreign jurists with tho function of interpreting and 'making' it as they please, in accordance with tho 'principles of justice and equity.' The Prize Court project has been accepted, it is true, at tho sixth plenary sitting; but, as .wo havo pointed out, tnere is plenty of timo to draw up a proper code for its guidance boforo wo ratify the Convention creating the tribunal." Sir Edward Grey, Secretary for Foreign Affairs. has expressed tho satisfaction of the Government at tho recognition in principle of the noed of an International Court of Appeal with regard to naval prizes. At tho same timo, tho Minister points out that many difficulties remain to be overcome befoi-o such a Court 'can become effective. . _ The position of private property at sea was specially brought before The Hague Conferenco by the United States,-which vainly endeavoured to secure general adoption of the .principle that "private property, except contraband of war, bo exempt from capture l at sea,, unless in tho event of ships attempting to enter blockaded ports." .