International Law - Meaning of the Term "Declaration of War" as Used in a Time Charter

Authors

Glenn O. Fuller, University of Michigan Law SchoolFollow

Abstract

A time charter provided that either party should have a right to cancel "if war is declared against any present NATO countries. . . ." Respondent-owners, having invoked this clause shortly after the Suez crisis erupted into open warfare, contended that a speech delivered by Egyptian President Nasser constituted a declaration of war. The speech in question, which was delivered to a large public gathering in Cairo, broadcast throughout Egypt and subsequently published, declared in part, "We shall fight as we have always said in a total war." It urged the people to "fight and never surrender." In libels for breach of the charter, held, libels dismissed. The speech constituted a "declaration of war" within the intended meaning of the cancellation clause. Navios Corporation v. The Ulysses II, (D.C. Md. 1958) 161 F. Supp. 932.

Recommended Citation

Glenn O. Fuller, International Law - Meaning of the Term "Declaration of War" as Used in a Time Charter, 57 Mich. L. Rev. 610 (1959).
Available at: https://repository.law.umich.edu/mlr/vol57/iss4/12