Volume Ii Part 66 (1/2)

The deciding tribunal determines what language it will itself use and what languages may be used before it, but in all cases the official language of the National Courts which have had cognisance of the case may be used before it (article 24).

For all notices to be served, in particular on the parties, witnesses, or experts, the deciding tribunal may apply direct to the Government of the State on whose territory the service is to be carried out. The same rule applies in the case of steps to be taken to procure evidence. The Court is equally ent.i.tled to act through the Power on whose territory it holds its sitting. Notices to be given to parties in the place where the Court sits may be served through the International Bureau (article 27).

[Sidenote: Administrative Council and International Bureau.]

-- 444. The Administrative Council of the Permanent Court of Arbitration at the Hague serves at the same time as the Administrative Council of the International Prize Court, but only representatives of the Powers who are parties to Convention XII. shall be members of it (article 22).

The International Bureau of the Permanent Court of Arbitration acts as Registry of the International Prize Court and must place its offices and staff at the disposal of the Court. This Bureau has the custody of the archives and carries out the administrative work, and its General Secretary acts as Registrar of the International Prize Court. The secretaries necessary to a.s.sist the Registrar, translators, and shorthand writers are appointed by the International Prize Court (article 23).

[Sidenote: Agents, Counsel, Advocates, and Attorneys.]

-- 445. Belligerent as well as neutral Powers concerned in a case may appoint special Agents to act as intermediaries between themselves and the International Prize Court, and they may also engage Counsel or Advocates to defend their rights and interests (article 25).

Private individuals concerned in a case are compelled to be represented before the Court by an Attorney, who must either be an Advocate qualified to plead before a Court of Appeal or a High Court of one of the contracting States, or a lawyer practising before a similar Court, or, lastly, a Professor of Law at one of the higher teaching centres of those countries (article 26).

[Sidenote: Competence.]

-- 446. The general principle underlying the rules of Convention XII.

concerning the competence of the International Prize Court is that on the whole, _although not exclusively_, the Court is competent in cases where neutrals are directly or indirectly concerned. The International Prize Court is, as a rule, a Court of Appeal, all prize cases must, in the first instance, be decided by a National Prize Court of the captor, although the Munic.i.p.al Law of the country concerned may provide that a first appeal must likewise be decided by a National Prize Court. The second appeal may never by decided by a National, but must always be decided by the International Prize Court. However, should the National Court of the First Instance or the National Court of Appeal fail to give final judgment within two years from the date of capture, the case may be carried direct to the International Prize Court (articles 2 and 6).

An appeal against the judgments of National Prize Courts may be brought before the International Court: (1) when the judgment concerns the property of a neutral Power or a neutral individual;[940] (2) when the judgment concerns enemy property and relates to (_a_) cargo on board a neutral vessel, (_b_) an enemy vessel captured in the territorial waters of a neutral Power, provided such Power has not made the capture the subject of diplomatic claim, and (_c_) a claim based upon the allegation that the seizure has been effected in violation, either of the provisions of a convention in force between the belligerent Powers, or of an enactment issued by the belligerent captor. In any case, the appeal may be based on the ground that the judgment was wrong either in fact or in law (article 3).

[Footnote 940: Since the question of enemy or neutral character of individuals--see above, -- 88--is for some parts controversial, the International Prize Court would have to decide the controversy.]

The following Powers and individuals are ent.i.tled[941] to bring an appeal before the International Prize Court:--

(1) Neutral Powers, if the judgment injuriously affects their property or the property of their subjects, or if the capture is alleged to have taken place in the territorial waters of such Powers (article 4, No. 1).

(2) Neutral individuals,[942] if the judgment injuriously affects their property. But the home State of such an individual may intervene and either forbid him to bring the appeal before the International Prize Court, or itself undertake the proceedings in his place (article 4, No.

2).

(3) Subjects of the enemy, if the judgment injuriously affects their cargoes on neutral vessels, or if it injuriously affects their property in case the seizure is alleged to have been effected in violation, either of the provisions of a convention in force between the belligerent Powers, or of an enactment issued by the belligerent captor (article 4, No. 3).

(4) Subjects of neutral Powers or of the enemy deriving rights from the rights of such individuals as are themselves qualified to bring an appeal before the International Prize Court, provided they have intervened in the proceedings of the National Court or Courts concerned.

Individuals so ent.i.tled may appeal separately to the extent of their interests (article 5, first paragraph).

(5) Subjects of neutral Powers or of the enemy deriving rights from the rights of a neutral Power whose property was the subject of the judgment. Individuals so ent.i.tled may likewise appeal separately to the extent of their interest, provided they have intervened in the proceedings of the National Court or Courts concerned (article 5, second paragraph).

[Footnote 941: But note article 51 of Convention XII.] [Footnote 942: See above, vol. I. -- 289, p. 365.]

[Sidenote: What Law to be applied.]

-- 447. As regards the law to be applied by the International Prize Court, article 7 of Convention XII. contains the following provisions and distinctions:--

(1) If a question of law to be decided be covered by a treaty in force between the belligerent captor and a Power which is itself, or whose subject is, a party to the proceedings, the Court must apply the provisions of such treaty.

(2) In absence of such provisions, the Court must apply the rules of International Law.

(3) If there be no generally recognised rules of International Law which could be applied, the Court must base its decision on the general principles of justice and equity.