Volume Ii Part 65 (2/2)

Westlake, II. pp. 288-297--Lawrence, -- 192--Ullmann, -- 196--Bonfils, Nos. 1440'1-1440'3--Despagnet, Nos. 683-683 _bis_--Fiore, Code, Nos. 1897-1901--Dupuis, _Guerre_, Nos.

232-276--Bernsten, -- 14--Lemonon, pp. 293-335--Higgins, pp.

435-444--Barclay, _Problems_, pp. 105-108--Scott, _Conferences_, pp. 466-511--Nippold, I. ---- 16-19--Fried, _Die zweite Haager Konferenz_ (1908), pp. 121-130--Lawrence, _International Problems_ (1908), pp. 132-159--Hirschmann, _Das internationale Prisenrecht_ (1912), ---- 39-41--Gregory, White, and Scott in _A.J._ II. (1908), pp. 458-475, and 490-506, and V. (1911), pp. 302-324--Donker Curtius in _R.I._ 2nd Ser. XI. (1909), pp. 5-36.

[Sidenote: Personnel.]

-- 442. The International Prize Court consists of judges and deputy judges, a judge who is absent or prevented from sitting being replaced by a deputy (article 14). The judges and the deputies are appointed by the contracting Powers from among jurists of known proficiency in maritime International Law, and of the highest moral reputation, each Power appointing one judge and one deputy for a period of six years (articles 10 and 11). The judges are all of equal rank and have precedence according to the date of the notification of their appointment to the Administrative Council of the Permanent Court of Arbitration at the Hague, but, if they sit by rota in conformity with article 15, paragraph 2, they have precedence according to the date on which they entered upon their duties, and, when the date is the same, the senior takes precedence; deputies rank after the judges (article 12). The judges--and the deputies when taking the places of judges--must, when outside their own country, be granted diplomatic privileges and immunities in the performance of their duties; they must, before taking their seats, take an oath, or make a solemn affirmation, before the Administrative Council, that they will discharge their duties impartially and conscientiously (article 13). No judge or deputy judge may, during the tenure of his office, appear as agent or advocate before the International Prize Court, nor act for one of the parties in any capacity whatever (article 17).

Attention should be drawn to the fact that the Court, if once established, will be permanent, and the judges, if once appointed, will always be at hand, although in time of peace they will not sit.

[Sidenote: Deciding Tribunal.]

-- 443. The judges appointed by the contracting Powers do not, as a body, decide the appeal cases brought before the Court. From among the great number of judges appointed, a deciding tribunal is formed which is composed of fifteen judges, nine of whom const.i.tute a quorum; and a judge who is absent or prevented from sitting is replaced by a deputy (article 14). The judges appointed by Great Britain, Germany, the United States of America, Austria-Hungary, France, Italy, j.a.pan, and Russia are always summoned to sit, but the judges appointed by the remaining contracting Powers are only in rotation summoned to sit, and their duties may successively be performed by the same person, since the same individual may be appointed as judge by several of these Powers (article 15). If a belligerent Power has, according to the rota, no judge sitting in the deciding tribunal, it has a right to demand that the judge appointed by it shall take part in the settlement of all cases arising from the war, and lots shall then be drawn to decide which of the judges ent.i.tled to sit by rota shall withdraw, but the judge of the other belligerent party does not take part in the drawing of lots (article 16). No judge may sit who has been a party, in any way whatever, to the sentence p.r.o.nounced by the National Prize Court against which the appeal has been made, or who has taken part in the case as counsel or advocate for one of the parties (article 17). The summoning by rota of the judges appointed by the minor Powers takes place according to the following list:--

JUDGES DEPUTY JUDGES

_First Year_

1. Argentina Paraguay 2. Colombia Bolivia 3. Spain Spain 4. Greece Roumania 5. Norway Sweden 6. Holland Belgium 7. Turkey Persia

_Second Year_

1. Argentina Panama 2. Spain Spain 3. Greece Roumania 4. Norway Sweden 5. Holland Belgium 6. Turkey Luxemburg 7. Uruguay Costa Rica

_Third Year_

1. Brazil Domingo 2. China Turkey 3. Spain Portugal 4. Holland Switzerland 5. Roumania Greece 6. Sweden Denmark 7. Venezuela Haiti

_Fourth Year_

1. Brazil Guatemala 2. China Turkey 3. Spain Portugal 4. Peru Honduras 5. Roumania Greece 6. Sweden Denmark 7. Switzerland Holland

_Fifth Year_

1. Belgium Holland 2. Bulgaria Montenegro 3. Chili Nicaragua 4. Denmark Norway 5. Mexico Cuba 6. Persia China 7. Portugal Spain

_Sixth Year_

1. Belgium Holland 2. Chili Salvador 3. Denmark Norway 4. Mexico Ecuador 5. Portugal Spain 6. Servia Bulgaria 7. Siam China

The deciding tribunal elects its President and Vice-President by an absolute majority of the votes cast, but after two ballots the election is made by a bare majority, and, in case the votes are equal, by lot (article 19).

The judges--as well as the deputies when they sit--receive, while carrying out their duties, a salary of one hundred Netherland florins (about 8, 4s.) _per diem_, besides travelling expenses. The salaries and travelling expenses are to be paid by the International Bureau of the Permanent Court of Arbitration, and the judges must not receive any other remuneration either from their own Government or from any other Power (article 20).

The belligerent captor, as well as a neutral Power which is herself, or whose national is, a party, may appoint a naval officer of high rank to sit as _a.s.sessor_, but he has no voice in the decision. If more than one neutral Power is concerned in a case, they must agree among themselves, if necessary by lot, on the naval officer to be appointed as a.s.sessor (article 18).

The seat[939] of the deciding tribunal is at the Hague, and it may not, except in the case of _force majeure_, be transferred elsewhere without the consent of both belligerents (article 21). When the Court is not sitting, the duties conferred on it by certain articles of Convention XII. are discharged by a delegation of three judges appointed by the Court; this delegation comes to a decision by a majority of votes, and its members must, of course, reside at the Hague while they fulfil their duties (article 48).

[Footnote 939: The working-order (_ordre interieur_) of the International Prize Court is to be drawn up by the Court itself; see details in article 49.]

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