INTERNATIONAL LAW-PRIZE LAW-SEIZURE OF PORT AS EFFECTING CAPTURE OF SHIPS IN PORT

Authors

David D. Ring S. Ed., University of Michigan Law SchoolFollow

Abstract

When the Italian port of Tripoli was captured by the British in January, 1943, two privately owned Italian vessels were lying aground in the harbor. Though the Italian armistice was signed in September, 1943, and British naval authorities early in 1944 ordered the seizure in prize of all salvable vessels, nothing was done with respect to these vessels until February 3, 1947. At that time they were placed under the jurisdiction of the Prize Court of England. On February 10, 1947, the Treaty of Peace with Italy was signed and became effective on September 15, 1947. By act of Parliament, implemented by Treaty of Peace (Italy) Order, 1948, it became the law of Great Britain. Meanwhile, in May, writs in prize had been issued for the condemnation of the two vessels. In 1948, the Italian owners appeared as claimants and sought their release. Article 76 of the treaty provides that "Italy waives all claims of any description against the Allied and Associated Powers on behalf of the Italian government or Italian nationals arising directly out of the war or out of actions taken because of the existence of a state of war in Europe after September 1, 1939 . . . including . . . (d) claims arising out of the exercise or purported exercise of belligerent rights. 2. The provisions of this article shall bar, completely and finally, all claims of the nature referred to herein, which will be henceforward extinguished, whoever may be the parties in interest . . . . " It was the owners' contention that capture was not effected until after the armistice, and was therefore neither an actual nor purported exercise of belligerent rights within the meaning of the treaty. Held, condemnation ordered. Assuming that the armistice terminated the right to make captures, capture was purportedly and actually accomplished by the seizure of the port, so the treaty operates to bar the owners' claims. The Bellaman, [1948] 2 All Eng. L. Rep. 679.

Recommended Citation

David D. Ring S. Ed., INTERNATIONAL LAW-PRIZE LAW-SEIZURE OF PORT AS EFFECTING CAPTURE OF SHIPS IN PORT, 47 Mich. L. Rev. 850 (1949).
Available at: https://repository.law.umich.edu/mlr/vol47/iss6/20