The Essentials of International Public Law and Organization

By Amos S. Hershey | Go to book overview
"The transfer of an enemy vessel to a neutral flag, effected after the opening of hostilities, is void unless it is proved that such transfer was not made in order to evade the consequences which the enemy character of the vessel would involve."There is, however, absolute presumption that a transfer is void:
"(1) If the transfer has been made during a voyage or in a blockade port.
"(2) If there is a right of redemption or recovery.
"(3) If the requirements upon which the right to fly the flag depends according to the laws of the country under which the vessel is sailing, have not been observed" (Art. 56).58

BIBLIOGRAPHY

Laws of Naval Warfare generally (in addition to the general treatises on Int. Law). -- Atherley-Jones, Commerce in War ( 1907); Azuni, Le droit maritime de l'Europe ( 1790); Bardas, Das öffentliche SeerechtOstereichs

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58
D. L., 56. See commentaries op. cit. These rules apply to vessels.

It is a principle of Anglo-American Law that, in time of war or in contemplation thereof, goods shipped on account of the consignee are regarded as his goods from the time of shipment, and he cannot divest himself of this risk by special agreement. The Packet De Bilboa ( 1799), 2 C. Rob. 133, and Scott, 817. But it seems that the French rule permits the shipper to take such risk. Les Trois Frères, I Pistoye et Duverdy, 357, and Snow, Cases, 348.

For leading cases on the Ownership and Transfer of Goods in Transit, see Scott, Cases, ch. 14, pp. 811-22; or Snow, Cases, 339-55. For practice during the World War, see particularly I Garner, ch. 7. See especially the case of Dacia, the Ibid., §§ 125-33. For the text of the decision of the French Prize Council ( 1915), see 9 A. J., 1015.

On Enemy Character, see: Baty, in 9 (new ser., pt. I), J. C. L. ( 1908), 157-66; * Bentwich, The Declaration of London ( 1911), chs. 5-6, and The Law of Private Property in War ( 1907), 79-82, 142-47; Bonfils, Nos. 1343-49; * Boeck, Nos. 159-90 Bordwell, 215-21; 4 Calvo, §§ 1932-52; *2 Cobbett, 19-37, 62-70, 219-43; 2 Despagnet, Nos. 646-49; * Dupuis ( 1899), Nos. 92- 129, and ( 1911), ch. 4; * Evans, Cases, ch. 12, pp. 411 ff.; 2 Fauchille, Nos. 1385-88; 3 Fiore, Nos. 1432-36; * I Garner, ch. 7 and 8, §§ 144, 155-61; Geffcken, in 4 Holtzendorff, 581-88; * Hall, Pt. III, ch. 6; Hall J. A., Law of Naval Warfare ( 1921), ch. 9; * 2 Hyde, §§ 784-96; * Latifi, Effects of War on Property ( 1911), ch. 3; * Lawrence, Pt. III, ch. 2; 7 Moore, Digest, §§ 1189-94; 3 Nys, 70-84, and in 39 R. D. I. ( 1907), 149 ff.; * Naval War College, Int. Law Situations (see index vol., 1922); * 2 Oppenheim, §§ 87-92, and in 25 Law Quar. Rev. ( 1909), 372-84; 3 Phillimore, §§ 842-86; 2 Piédelièvre, Nos. 1117-25; 8 P. -- Fodéré, Nos. 3166. * Scott, Cases, chs. 8 and 14; Taylor, §§ 468 and 517; 2 Twiss, §§ 152-62; Visscher, in 31 Law Quar. Rev. ( 1915), 289-98; Walker Manual, §§ 39-43; * 2 Westlake (1st ed.), 140-54; Wheaton, §§ 320-41.

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