Prize Law during the Second World War
![handle is hein.journals/byrint24 and id is 174 raw text is: PRIZE LAW DURING THE SECOND WORLD WAR
By s. W. D. ROWSON, LL.B.
I. Introduction
i. The task of the Prize Court. In the first prize law case of the First World
War Sir Samuel Evans gave expression to his determination to follow the
'splendid examples' and uphold the 'great traditions' of his'predecessors in
the English Prize Court.2 In the first prize law case of the Second World
War Lord Merriman, after paying tribute to the way in which his predeces-
sors had maintained those traditions, observed that they had marked the
path so well that his task would be rather that of the pedestrian than of
the pioneer.3 This difference in the evaluation of their respective tasks,
true though it is, must not make us forget that the judges of the Second
World War, in every country, were faced with very real problems for
which there were not always precedents at hand. Although in nearly every
country new legislation governing prize law was issued in connexion with
the Second World War, this legislation follows traditional lines. It does
nothing to sever the historic tie between present-day prize law and the
past.4 On the contrary, the new prize codes implicitly strengthen this tie.
' The following abbreviations are used in this article: Annual Digest-Annual Digest of Public
International Law Cases; A.j.-American Journal of International Law; B. & C.P.C.-British
and Colonial Prize Cases, 3 vols. (1915-22); B.I.N.-Bulletin of International News, 1924-45;
Boll.-Bollettino del Tribunale delle Prede, 4 vols. (1941-2); B. Y.-British Year Book of Inter-
national Law; Colombos-A Treatise on the Law of Prize (2nd ed., 1940); E.P.C.-English Prize
Cases, 2 vols. (i o5); Garner-Prize Law during the World War (1927); G. U.-Gazzetta Ufficiale
(Italy); Hackworth-Digest of International Law, 8 vols. (i94o-4); Hague Air Rules-Rules
contained in the General Report of the Commission of )urists to consider and report upon the revision
of the rules of air warfare (1922), Parl. Papers, Misc. No. 14 [1924] Cmd. 2201 ; J.O.-ournal
Officiel (France); Jurisprudence Allemande-Fauchille and De Visscher, Jurisprudence Allemande
en matikre de Prises Maritimes (1924); ,urisprudence Franjaise-Fauchille, Jurisprudence Franpaise
en matikre de Prises Maritimes (1916-i9); Jurisprudence Italienne-Fauchille and Basdevant,
Jurisprudence Italienne en matiire de Prises Maritimes (1921); L.Q.R.-Law Quarterly Review;
LI.P.C. (2nd)-Lloyd's Prize Cases, 2nd series; RGB.-Reichsgesetzblatt (Germany); S.R. & 0.
-Statutory Rules and Orders; Staatsblad-Staatsblad van het Koninkrijk der Nederlanden (Hol-
land); Verzijl-Le Droit des Prises de la grande guerre (1924).
' The Chile (914), 1 B. & C.P.C. i, at p. ii.
3 The Pomona (1939), LI.P.C. (2nd) i, at p. 4.
4 The principal prize legislation in force during the Second World War is as follows: Germany:
Prisenordnung of 28 August 1939, RGB. (1939), i. 1585, amended by Ordinances of 12 and 14
September 1939, ibid. i. 1751, 1752, and Law of 19 December 194o, ibid. (1940) i. 1629 (herein
cited as Prisenordnung); Italy: Laws of War of 8 July 1938, G.U., Supplement, i5 September
1938, No. 211, amended by Law of 16 December 1940, ibid., 30 January x941, No. 24, by Royal
Decree Law of 6 March 1941, ibid., x8 April 1941, No. 93, re-enacted as Law of 4 July 1941,
ibid., 2 September 1941, No. 206, and Law of 29 November 1941, ibid., 4 February 1942, No. 28
(herein cited as Laws of War); Holland: Prijsreglement of 3 June 1940, Staatsblad No. A. 2,
amended by Decrees of io July 1941, ibid., No. B. 58, and 7 January 1942, ibid., No. C. x (herein
cited as Prijsreglement); France: Instructions sur l'application du droit international en cas de
guerre of 8 March 1934, Bulletin Officiel de la Marine (1934), No. 14, p. 157 (herein cited as
Instructions); Turkey: Prize Law of 17 July 1940, Law No. 3894, Official Gazette, 18 July 1941 (a](ViewImageLocal?handle=hein.journals/byrint24&div=11&collection=&method=preview&ext=.png&size=3)
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