[Letters To """"The Times"""" Upon War And Neutrality (1881-1920) by Thomas Erskine Holland]@TWC D-Link book
Letters To """"The Times"""" Upon War And Neutrality (1881-1920)

CHAPTER VII
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48, the general principle that "a neutral prize cannot be destroyed by the captor, but should be taken into such port as is proper for the legal decision of the rightfulness of the capture" the Declaration proceeded, in Art.

49, to qualify this principle by providing that "exceptionally, a neutral vessel captured by a belligerent warship, which would be liable to confiscation, may be destroyed, if obedience to Art.

48 might compromise the safety of the warship, or the success of the operations in which she is actually engaged." * * * * * SECTION 8 _An International Prize Court_ The forecast, incidentally attempted in the following letters, of the general results likely to be arrived at by the second Peace Conference, has been justified by the event.

As much may be claimed for the views maintained upon the topic with which these letters were more specifically concerned.

Instead of letting loose the judges of the proposed International prize Court to "make law," in accordance with what might happen to be their notions of "the general principles of justice and equity," a serious attempt has been made to supply them with a Code of the law which they would be expected to administer.
Some account will be given at the end of this section of the movement towards the establishment of an International Court of Appeal in oases of prize.
AN INTERNATIONAL PRIZE COURT SIR--The idea suggested by the question addressed on February 19 to the Government by Mr.A.Herbert--viz.


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