CHAPTER 16: Treatment of aliensGeneral Rule: States may determine in what cases and under what conditions may foreigners be admitted to their country, subject to the limitation that they be treated justly, in accordance with the law of nations.Non-observance may be a valid cause for complaint

An alien guest cannot demand that he given a preferred position over the national of the state. He cannot claim the right to vote, the right to run for public office, etc.

He must accept the institutions of the local states as he finds them. When in Rome, do as the Romans do.

The state is not an insurer of life or property of an alien within its territory. He is expected to take the customary precaution of his own rights and avail of the usual remedies when these rights are violated.

THE DOCTRINE OF STATE RESPONSIBILITYWhen an alien can claim a preferred status over a national, and even hold the host state liable for injuries committed to him, such are governed by the said doctrine. The state may be liable for:a. an international delinquencyb. directly or indirectly imputable to itc. which causes injury to the national of another stateSuch liability attaches when the treatment of the alien falls below the international standard of justice, or where it is remiss in according him protection or redress.

THE INTERNATIONAL STANDARD OF JUSTICEhas no precise definition.Described as the standard of the reasonable state, referring to the ordinary norms of official conduct in civilized jurisdictions. Is not satisfied if the laws of a state are intrinsically unjust such as when there is a marked disproportion for a crime and the set punishment (death penalty for theft)

What if aliens are covered by the unjust law just the nationals of the state are?The view is against the Doctrine of Equality of Treatment, such that a foreigner may demand the international standard while the national cannot.

Chattin CaseNo oral examination or cross-examination, indignation on a criminal procedure far below the international standards of civilization.

FAILURE OF PROTECTION OR REDRESSState may be liable if it does not make reasonable efforts to prevent injury, or having done so, fails to repair such injury. Authorities informed of a murder plot but fails to protect alien. Govt not liable for the acts of an unruly mob (Noyes case) Govt liable when the riot control troops sent to disperse a mob joined in the killing of American nationals (Youmans case) Prosecution dragged for 6 years (Galvan case) Eight years, the known murderer of an American national had not been arrested or punished (Janes case)

Direct v. Indirect State ResponsibilityWhen delinquency was committed by a superior government agency or official, liability will attach immediately. When inferior government officials or offices, the state will only be liable for its indifference in prevention or punishment of the same, being deemed to have connived in such.

EXHAUSTION OF LOCAL REMEDIESMust first be done before claim of international delinquency. The state must be given an opportunity to do justice in its own regular way without unwarranted interference.But when there are (1) no remedies to exhaust, (2) the laws are intrinsically defective, or (3) where the courts are corrupt or where there is no adequate machinery for the administration of justice, this requirement may be dispensed with.

RESORT TO DIPLOMATIC PROTECTIONHe must resort to his own state for protection.What if he has no state? Damnum Absque InjuriaThis tie must subsist from the time of injury to the time it is settled.If heirs are not nationals? Claim will lapse.The Growing View: the individual should be allowed to institute an international claim in his own right. The U.N. can currently file a diplomatic claim for its officials, whatever their nationality.

ENFORCEMENT OF CLAIMThru negotiation, or good offices, arbitration, judicial offices. Also, hostile and forcible measures, such as wars, reprisals, etc.Repatriation may take the form of restitution, or if not possible, satisfaction, or compensation- or even all three. Return of the thing due, an apology, or the payment of damages.

AVOIDANCE OF STATE RESPONSIBILITYState responsibility usually refers to tortious rather than contractual liability. In order so that the state may avoid partaking in the nature of a private collection agency for its nationals, the state avoids the intervention of other states thru the Calvo ClauseCalvo Clause- stipulation where the alien waives or restricts his claim to appeal to his own state in connection with any claim arising from the contract and agrees to limit himself to the remedies available under the laws of the local state.However, the same cannot preclude the state of the alien to exercise its own prerogative to protect or vindicate the interests of its national. Such cannot be made by the alien.

EXCLUSION OF ALIENSA state may, as a rule, limit or even refuse the admission of aliens into its territory, and even provide for deportation or extradition.Deportation- the removal of an alien our of the country, simply because his presence is deemed inconsistent with the public welfare, and without any punishment being imposed or contemplated, either under the laws of the country out of which he is sent, or under the laws of those of the country to which he is taken.

EXTRADITIONIs the surrender or a person by one state to another state where he is wanted for prosecution, or it already convicted, for punishment.

Deportation v. Extradition1. Deportation is a unilateral act for causes originating locally, Extradition based on offenses committed in the origin state.2. Deported alien may be sent to a state other than his own or the state of origin. Extradition calls for the alien to be delivered to the requesting state.

BASIS OF EXTRADITION:Treaty/Agreement. Without the same, the local state has the right to grant asylum to the fugitive, even if he is a national of the requesting state. But despite this right, the state may comply as a matter of policy or as a gesture of comity.

FUNDAMENTAL PRINCIPLES OF EXTRADITION1. Extradition is based on the consent of the state of asylum.2. Under the principle of specialty, a fugitive extradited may be extradited for the crime specified in the request, and included in the list offenses in the treaty. If charged with another, the state of asylum has the right to object. If no complaint is raised, prosecution may proceed.3. A person may be extradited whether he is a national of the requesting state, the state of asylum, or of any other state. The practice now is that states do not extradite their own nationals but instead punish them in accordance with their own laws.4. Political and religious offenders are generally not subject to extradition. In political offenses, there must be more than two parties in the state, seeking to impose their choice of government.a. Attentat clause- the murder of a head of state of any member of his family, is not a political offense.b. Genocide is an extraditable crime.c. Everyone has the right to seek asylum in other countries, but the same cannot be invoked in cases of non-political crimes or for those contrary to the purpose of the U.N.5. In the absence of a special agreement, the offense must have been committed within the territory if the requesting state.6. Rule of Double Criminality- the crime must be punishable in both the requesting and extraditing state.

PROCEDURE FOR EXTRADITION1. Request presented thru diplomatic channels, accompanied by necessary papers, relating to the identity of the person and the crime charged.2. The state of refuge will conduct a judicial investigation to ascertain if the crime is covered by the treaty, and if there is a prima facie case against the fugitive.3. A warrant of surrender will be drawn and the fugitive will be delivered to the state of origin. Some instances have occurred where a fugitive is abducted by agents of the requesting state, in the state of asylum. Such is not allowed in international law. If abduction is allowed or effected with the nationals of the state of asylum, the same is valid.

CHAPTER 17: SETTLEMENT OF INTERNATIONAL DISPUTESA dispute exists when one state claims that another state should behave in a certain manner, and the latter rejects that claim.Where a disagreement has not yet ripened into a full-blown conflict, or the issues have not yet been sufficiently formulated and defined, there is a situation, the initial stage of a dispute.

A dispute is legal if it involves justiciable rights based on law or fact, susceptible of adjudication by a judicial or arbitral tribunal.It is political if it cannot be decided by legal processes on the bases of the substantive rules of international because of differences of the parties spring from animosities in their mutual attitudes rather than from an antagonism of legal rights. In such cases, the solution is thru diplomacy.

METHODS OF SETTLING DISPUTESMost concrete: The ICJ, but its competence to act is based on the consent of the parties involved.

AMICABLE METHODS: negotiation, inquiry, good offices, mediation, conciliation, arbitration, judicial settlement, and resort to regional and international organizations.Negotiation- undertaken by the parties themselves, with claims and counterclaimsInquiry- investigation on the points in question, on theory that their elucidation will contribute to the solution of differences. Findings not conclusive, but may exert a strong moral influence.Good Offices- a third party attempts to bring the disputing states together so that they could discuss.Mediation- a third party does not merely provide opportunity for the antagonists to negotiate, but also actively participates in their discussions. Suggestions merely persuasive.Conciliation- calls for the active participation of the third parties. In this case the participation of the third party is solicited and not voluntarily offered.Arbitration- solution of a dispute by an impartial third party, usually a tribunal created by the parties themselves under a charter called a compromis, to determine the procedure, and even the laws to be applied to the issues. Proceedings are essentially judicial and binding on the parties.Judicial Offices- disputes are legal rather than political.1. Judicial Tribunals are pre-existing and permanent, arbitral tribunals are ad hoc.2. Jurisdiction is judicial settlement is usually compulsory, while submission to arbitral tribunals is voluntary.3. The law applied by the tribunal is independent of the will of the parties, while the same may be limited by them in arbitral tribunals.Consent may be manifested in a treaty thru the compromissary clause which empowers the court from the interpretation or application of such a treaty, or through the optional jurisdiction clause in article 36 of the Statute. Legal disputes concerning: Interpretation of a treaty Question of International Law Existence of a fact which if proven would constitute a breach of international obligation. Nature or extent of reparation.Failure to perform the incumbent obligation from a judgment rendered, an aggrieved party may have recourse to the Security CouncilAction by Regional Organizations- may at their own volition or at the instance of the parties (like ASEAN)

HOSTILE METHODSNot only unfriendly, but may also be illegal and coercive.Retorsions- any action taken in retaliation where the acts complained of do not constitute a legal ground for offense but are rather in the nature of unfriendly acts indirectly hurtful to other states. Like: Severance of diplomatic relations, stoppage of travel, etc.Reprisals- act of self-help on the part of an injured state, responding after an unsatisfied demand to an act contrary to international law. Effect of suspending momentarily the relations of two states or that rule of international law. Example: display of force, embargo, occupation of territory, blockades.

THE UNITED NATIONSWhere none of the methods discussed settle the disputes, the same may be referred to the United Nations, or it may even unilaterally take cognizance of the case. The dispute may be addressed to the Security Council but when the occasion requires, may be referred to the Gen. Ass.

The Security Council shall have jurisdiction to intervene in:1. Disputes affecting International Peace and Security2. All disputes which, although falling under the domestic jurisdiction clause, have been referred to it by the parties.Such disputes may be brought to it by:1. The Security Council itself2. The Gen. Ass.3. The Secretary General4. Any Member of the UN5. Any party to the dispute.

The UN shall at first instance call for the parties to settle their disputes amicably. Failure of the same, the Security Council may recommend appropriate measures of methods of adjustment already adopted by the parties, and that legal disputes as a rule be referred to the ICJ.

Again, failing the same, there is also the compulsory settlement of disputes in the interest of international peace and security. If the same is rejected, the Security Council is empowered to:1. Adops measures not involving the use of armed force such as interruption of economic relations, communication, and even diplomatic relations. Such is known as preventive action.2. Take such action by land, air, and sea forces as may be necessary to maintain international peace and security. Demonstrations, blockades and other armed operations. Known as enforcement action.UN Members shall hold immediately available national air force contingents for combined international enforcement actions.

Military Staff Committee- consists of chif of staff of the permanent members of the Security Council or their representatives.

Uniting for Peace Resolution- if Security Council fails to come to a consensus because of a lack of unity of the permanent members, the General Assembly shal consider immediately with a view to making recommendations to the members for collective measures.

Chapter 18: WAR

As a specific actionAn armed contention between the public forces of states or other belligerent communities, implying the employment of violence among the parties as a means of enforcing their respective demands upon each other.

As a specific statusWar may exist even without the use of force, as when one state formally refuses to be governed by the laws of peace in its relations with another state, even if actual hostilities have not taken place.

As long as no objective authority is established, it is for the states concerned to ascertain the existence of the fact of war in the international sense. Kelsen

Outlawry of LawThe U.N. Charter is committed to the outlawry of war, determined to save succeeding generations from the scourge of war. War is only allowed in two instances: 1.) In the inherent right of self-defense, and 2.) In pursuance of enforcement action.

Laws of War1. Declaration of Paris of 1856- warfare at sea.2. Hague Convention of 1899- use of expanding bullets and asphyxiating gases.3. Hague Conventions of 1907- opening of hostilities, laws and customs of war on land, conversion of merchant ships into warships, right of capture in naval warfare, discharge of projectiles from balloons, treatment of the wounded in land warfare, rights and duties of neutrals in land and naval warfare.4. Geneva Convention of 1925- use of asphyxiating, poisonous, and other gases, and bacteriological methods of warfare.5. Geneva Convention of 1929- treatment of the sick and wounded, and of prisoners of war.6. Declaration of London of 1936- use of submarines against merchant vessels7. Geneva Convention of 1949- amelioration of the sick and wounded on land, amelioration of sick and wounded and of shipwrecked members of the armed forces at the sea; treatment of prisoners of war; the protection of civilian persons in war.8. The Nuclear Nonproliferation Treaty.

How enforced?1. Protest lodged by one belligerent, usually followed by an appeal to world opinion against unlawful acts of warfare2. Reparation for damages caused by the defeated belligerent3. Punishment of War criminals.

Commencement of War1. Declaration of War.2. Rejection of an Ultimatum (Conditional Declaration with an ultimatum)3. Commission of an act of force, regarded by at least one of the belligerents as an act of war.

Effect of the War1. The laws of Peace cease to regulate the relations of the belligerent and are superseded by the laws of War.2. Diplomatic and Consular relations are terminated, and the representatives are allowed to return.3. Treaties of a Political nature are automatically cancelled, except for those which are intended to operate in times of war. Multipartite treaties dealing with technical and administrative matters are merely suspended as between the belligerents.4. Individuals are impressed with an enemy character. Nationality Test- if they are nationals of the other belligerent, wherever they may be. Domiciliary Test- if they are domiciled aliens in the territory of the other belligerent. Activities Test- if being foreigners, they nevertheless participate in the hostilities in favor of the other belligerent. Corporations- enemies if a majority or substantial portion of their capital stock is in the hands of enemy nationals, or if they have been incorporated in the territory or under the laws of the other belligerent.5. Enemy public property found in the territory of the other belligerent is confiscated- subject to return, reimbursement, or other disposition after the war, in accordance with the treaty of peace.

Combatants and Non-combatantsCombatants are those who engage directly in the hostilities while non-combatants are those who do not. Non combatants should not be subjected to attack as they are not supposed to participate in the actual fighting. Only combatants may lawfully wage war and are thus subject to direct attack.The following are regarded as combatants:1. Members of the armed forces- army, navy, or air force, except those not engaged in combat, such as chaplains and medics.2. Irregular forces, provided that:a. Commanded by a person responsible for his subordinatesb. They wear a fixed distinctive sign recognizable at a distance. c. They openly carry armsd. They conduct their operations in accordance with the laws and customs of war.3. Inhabitants of unoccupied territory who, on approach of the enemy, spontaneously take arms to resist invading troops without having time to organize themselves, provided they carry arms openly, and observe the laws of war. (Levee en masse)4. The officers and crew of merchant vessels who forcibly resist attack.

Combatants are entitled to treatment as prisoners of war, which includes the right to proper respect commensurate with their rank, adequate food and clothing, safe and sanitary quarters, medical assistance, and to refuse to give military information, or to render military service against their own state, and to communicate with their families. Non combatants do not enjoy identical rights but are entitled to humane treatment.

Conduct of HostilitiesThree principles under the rules of warfare.1. Principle of Military Necessity- subject to the two other principles, the belligerents may employ any amount and kind of force to compel the complete submission of the enemy, with the least possible loss of lives, time, and money.2. Principle of Humanity- Prohibits the use of measures not absolutely necessary for the purpose of the war, such as poisoning of wells, destruction of art and property devoted to religious and humanitarian purposes. The wounded and the sick must be humanely treated, and a combatant who surrenders may not be killed3. Principle of Chivalry- Giving proper warning, stratagems not employing treacherous methods allowed, prohibition on espionage. Spies- individual who acts clandestinely, or under false pretenses, in order to obtain or seek information in the zone of operations of a belligerent, with the intention of communicating it to the hostile party.

Kinds of Warfare1. Aerial- in the air. Most rules have become obsolete.2. Naval- Issue: whether armed merchant vessels are subject to direct attack.3. Land- generally deal with the treatment of combatants and obligations incumbent on the troops making the attack, siege, or bombardment. Booty, or personal property found in the battlefield is subject to confiscation by the belligerent state, except only the personal belongings of the individual combatants which have no military value. Theatre of war- the place where the hostilities are actually conducted Region of war- the greater area where the belligerents may lawfully engage each other- includes their individual territories, the open seas, excluding only neutral territory.

Belligerent OccupationThe occupation of a hostile territory by a belligerent that exercises authority until its forces voluntarily withdraw or are expelled by the enemy. Territory is deemed occupied when it is placed under the authority of the hostile army.

Does not result in the transfer or suspension of sovereignty of the legitimate government, although as of the moment it may be unable to exercise it.

The belligerent is required to restore and ensure public order and safety, while respecting unless absolutely prevented, the laws in force in the country.

It may promulgate new laws, non-political as well as political. Political laws are automatically abrogated upon the end of occupation, while non-political ones may continue until expressly repealed of modified by the legitimate government.

The occupant in permitted to exact from the populace contributions, over and above regular taxes, to support their war effort.

Private property may not be confiscated, but those susceptible of military use may be seized, subject to restoration or compensation when peace is made. Property of municipalities, institution dedicated to religion, charity, and education, and the arts and sciences, even when state owned, shall be treated as private property, with their destruction prohibited.

Army of occupation can only take possession of cash, funds, and realizable securities which are strictly the property of the state, depots of arms, means of transports generally all movables belonging to the state which may be used for military operations. They may be seized but must be restored and recompensed when peace is made.

Occupying state shall be regarded as only administrator and usufructuary of public buildings, real estate, forests, agricultural estates, etc.

Right of PostliminiumIs that in which persons or things taken by the enemy are restored to the former state on coming actually into the power of the nation to which they belong. Also imports the reinstatement of the authority of the displaced government once control of the enemy is lost over the territory.

Non-Hostile Intercourse Flag of Truce- a white flag carried by an individual authorized by one belligerent to enter into communications with the other. Parlamentare- the bearer. Entitled to inviolability as long as he does not take advantage of his privileged position. The other belligerent is not obliged to receive a flag of truce. Cartels- agreements to regulate intercourse during war on such matters as postal and telegraphic communications, the reception of flags of truce, and the exchange of prisoners. Cartel Ship- vessel sailing under a safe-conduct for the purpose of carrying exchanged prisoners of war. Passport- written permission by the belligerent government or its agent to allow subjects of the enemy state travel in belligerent territory. Safe-conduct- a pass given to an enemy subject or vessel allowing passage between defined points. Safeguard- protection granted by a commanding officer to enemy persons or property within his command. License to Trade- permission given by competent authority to individuals to carry on trade even though there is a state of war. General licenses grant to all subjects of the enemy states, or to all its own subjects the right to trade in specified places, or in specified articles. A special license grants to certain persons the right to trade in the manner specified by his license.

Suspension of Hostilities Suspension of Arms- a temporary cessation of the hostilities by agreement of local commands for purposes such as gathering the injured and burying the dead. Armistice- a suspension of all hostilities within a certain area (local) or in the entire region of war (general) agreed upon by belligerent governments, usually for the purpose of arranging the terms of peace. Distinctions1. The purpose of a suspension of arms is military. Armistice, political.2. Suspension of Arms may be concluded by local commanders, while Armistice may only be concluded by belligerent governments.3. Armistice is usually in writing, the other may be oral. Cease-fire- an unconditional stoppage of hostilities by order of an international body. Truce- sometimes used interchangeably with armistice, but is now regarded as a cease-fire with conditions attached. Capitulation- surrender of military forces, places, or districts according to the rules of military honor.

Termination of WarMay be terminated by the simple cessation of hostilities, by the conclusion of a negotiated treaty of peace, or by defeat of one of the belligerents followed by a dictated treaty of peace.

Cessation of Hostilities- property or territory in the possession of the respective belligerents upon the termination of the war is retained by them (uti possidentis) as opposed from the principle of status quo ante which requires the complete restoration of property or territory to original owners, except for booty. Negotiated Treaty of Peace- usually resorted to when the belligerents cannot effect a decisive victory against each other. Defeat of one of the belligerents- the victorious belligerent usually issues a unilateral declaration of the end of the war, followed by a dictated treaty of peace.

Aftermath of WarIn cases of defeat of one of the belligerents, it is usually subject to the implied judgment that it is the guilty part. Thus to it is usually imposed the responsibility for the war, and the obligation to pay reparations for injuries and losses suffered by the victorious state. Its nationals may also be prosecuted and punished as war criminals.

Principles of the Nuremberg Charter and Judgment:1. Any person who commits an act which constitutes a crime under international law lis responsible therefor and liable for punishment.2. The fact that intl law does not impose a penalty does not relieve the person from responsibility.3. The fact that a person who committed an act constituting a crime under intl law acted as head of state or government official does not absolve him from liability.4. The fact that a person who acted pursuant to orders of his government or a superior does not absolve him from liability provided that a moral choice was possible to him.5. Any person charged with a crime for violating international law has the right to a fair trial of facts and law.6. The crimes hereinafter set out are crimes under international law:a. Crimes against peacei. Planning, preparation, initiation or waging a war of aggression in violation of international treaties, agreements, and assurances.ii. Participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned under (i).b. War crimesViolations of the law or customs of war- including, but not limited to: murder, ill-treatment or deportation to slave labor, or for any other purpose, of civilian population of or in civilian territory; murder or ill-treatment of prisoners of war, of persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns, villages, or devastation not justified by military necessity.

c. Crimes against humanityMurder, extermination, enslavement, deportation, and other inhuman acts done against the civilian population, or prosecution on political, racial, or religious grounds, when such acts are done or in connection with any crime against peace of war crime.7. Complicity in the commission of a crime against peace, a war crime, or a crime against humanity, as set forth in Principle VI.

Chapter 19: NEUTRALITYA State is said to be neutral if it does not take part, directly or indirectly, in a war between other states.However, even the U.N. Charter obliges member states to participate in enforcement action in cases of threat or actual breach of the peace of the world.

Neutrality and NeutralizationThe former is based on the attitude of the state, while the latter is the result of a treaty with conditions agreed upon by the neutralized state and the other powers. The former obtains only during times of war, while the latter operates in times of peace as well. Only states may become neutral, but portions there may be neutralized.

Laws of NeutralityFrom customary international law, and the Hague Convention of 1907, plus the unratified Declaration of London of 1909, defining:a. the relations of the belligerent states with the neutral stateb. The relations of the belligerent states with the nationals of the neutral state.

Relations of the Belligerent States and the Neutral States1. Neutral states have the right and duty to abstain from giving assistance to either belligerent.2. To prevent its territory and other resources from being used in the conduct of hostilities.3. To acquiesce to certain restrictions imposed by the belligerents.4. Belligerents must respect the neutrality of the neutral state, avoiding any act that may involve it in their conflict.

Use of Neutral TerritoriesWar activities may not be undertaken in the territory of the neutral state, such as the movement of troops, transport of war supplies, etc. Such must be resisted by the neutral state, with armed force if necessary.Except: Passage of sick and wounded troops, provided no materials of war are carried. Persons bound for enlistment may pass, provided they do so individually and not a body.

Neutrality of a state is not affected by the passage of a warship though its territorial waters, but they may not enter harbors, ports, and roadsteads.Except:: Unseaworthiness, lack of fuel or provisions, or stress of weather. Sojourn usually only lasts for 24 hours, but may be extended or shortened. A vessel may only take as much fuel and supplies it will need until it reaches its nearest port.

Where the vessels of both belligerents are in neutral waters, a period of 24 hours must elapse between the departure of the first vessel and the departure of the second, the order determined by the time of their arrival. Not more than three vessels may be allowed in the same neutral port or waters.

Territorial waters may not be used as asylum for vessels under pursuit or attack. Any belligerent entering a neutral port for this reason must be asked to leave, and they refuse, must be interned. If prize is captured in neutral waters, or brought there without justification, the neutral state has the duty to release it and to intern the prize crew of the captor ship.

Passage of military aircrafts over neutral territory is not allowed. Where the aircraft is forced to land, the same should be detained and its crew interned.

Use of Neutral Facilities and ServicesNot allowed to make territory available for the use of belligerents, and also prohibited from giving any form of direct assistance in connection to the hostilities. It may not send military contingents, extend loans, or even sell supplies of war to either or both belligerents.

While it is not obliged to prevent the export or transit through its territory war supplies from private traders by the belligerents, it is required to employ reasonable diligence in preventing the delivery of vessels constructed and armed in its territory for the use of any of the belligerents.

Relations of Belligerent States with Nationals of Neutral StatesCommon practice for neutral states to enact legislation to avoid their involvement in foreign wars as the result of the acts of their nationals. But neutral states are free to allow their nationals to deal, in their private capacities, with any of the belligerents. This is the case when no rules are imposed to the contrary.However, except when international law considers the relationship as strictly between the individual and the belligerent states and whatever the hardships may be suffered by its nationals as a result thereof must, as a rule, be acquiesced in by the neutral state.

Visit and SearchBelligerent warships and aircrafts have the right to visit and search neutral vessels on the high seas to determine whether they are in any way connected with the hostilities.

These vessels may be captures as prize if they are engaged in hostile activities, if they resist visit and search, or if there is reasonable suspicion that they are liable to confiscation.The cargo of these vessels may also be captured under certain conditions, as when they are contraband.

Prize cannot be confiscated summarily but must be adjudicated by a prize court- a tribunal established by a belligerent under its own laws, in its territory or in the territory if its allies, and applies the rules of international law in the absence of municipal legislation. Title to prize vests in the captor upon confirmation of the prize court of the validity of the capture, except when the vessels or goods are public enemy property, in which title vests immediately upon capture. Declaration of Paris of 1856:1. Enemy goods under a neutral flag are not subject to capture, except contraband of war.2. Neutral goods under an enemy flag are not subject to capture, except contraband of war.

ContrabandTerm applied to goods which, although neutral property, may be seized by a belligerent because they are useful for war and bound for a hostile destination. Absolute contraband- necessarily useful for war under all circumstances, like ammunition. Subject to seizure so long as they are bound for enemy or enemy-held territory. Conditional Contraband- have both civilian and military purposes (food, clothes). Seized only when they are destined for armed forces or authorities of belligerents. Free list goods useful for war and are bound for belligerents but are exempted from the law on contraband for humanitarian reasons. Medical supplies for the sick and wounded.

Doctrine of Ultimate Consumption- goods intended for civilian use may ultimately find their way to, and be consumed by the belligerent forces. Also liable to seizure.

Contraband are subject to condemnation. Under the Doctrine of Infection, innocent goods shipped together with contraband may also be subject to condemnation. The rule on the disposition of vessels, as per some states, is that is may be confiscated if the contraband weighs more than half of the total cargo by weight, value, freight or volume.

Contraband are liable to capture from the time they leave the port in which they are loaded, until they reach their final destination.Thus merchant vessels have resorted to the pretense of stopping at an intermediate neutral port and are unloaded, but subsequently reloaded again, on the same vessel or on another one, for final shipment to the belligerent destination. The vessel thus acquires immunity for its voyage to the neutral port, and is only liable from its departure from the neutral port.

Doctrine of Ultimate Destination- liability of contraband capture not determined by their ostensible destination, but by their real destination. Doctrine of Continuous Voyage- when goods are reloaded at the intermediate port ON THE SAME VESSEL. Doctrine of Continuous Transport- when they are reloaded on another vessel or a different form of transportation.

BlockadeA hostile operation by mean of which the vessels and aircraft of one belligerent prevent all other vessels, including those of neutral states, from entering or leaving the ports or coasts of the other belligerent, for the purpose of shutting it off from international commerce and communication.Distinguished from Pacific Blockade- latter only applies to vessels of the blockaded state and not those of other states.

Requisites:a. binding- communicated to neutral states.b. Effective- meaning it is maintained by adequate forces, making entry and exit of those ports dangerous.c. Established by the proper authorities of the belligerent government.d. Limited only to the territory of the enemy, and not to neutral places or international rivers.e. Impartially applied to all.Capture of Vessels/Breach of Blockade:Dependent on its knowledge of the blockade, and continues as long as the vessel is pursued.

A vessel liable for breach of blockade is liable for condemnation, and so are the goods, unless it is proven at the time that it was shipped that the owner neither know nor could have known of the intention to violate the blockade.

Long distance blockade- a practice during WWII when the belligerents established blockades over their respective war zones and defense areas, within which neutral shipping was made subject to their permission.

Unneutral Service Consists of acts, of a more hostile character than the carriage of contraband or breach of blockade, which are undertaken by merchant vessels of a neutral state in aid of any of the belligerents.

Neutral Vessel liable to condemnation for neutral service when:

a. if it is making as special voyage with a view to the transport of individual passengers who are embodied in the armed forces of the enemy, or with a view to the transmission of information in the interest of the enemy.b. If with the knowledge of the owner, or the one who charters the entire vessel, or of the master, it is transporting a military detachment of the enemy or one or more person who, during the voyage, lend direct assistance to the operations of the enemy.

Cargo Belonging to the owner of the vessel is likewise confiscable.

Neutral Vessel also liable to condemnation and to be treated as a merchant vessel of the enemy:a. if it takes a direct part in the hostilitiesb. if it is under the orders of control of an agent placed on board by the enemy governmentc. if it is chartered entirely by the enemy governmentd. if it is at the time and exclusively either devoted to the transport of enemy troops or the transmission of information in the interest of the enemy.

Right of AngaryA belligerent may, upon payment of just compensation, seize, use or destroy, in case of urgent necessity for purposes of offenses of defense, neutral property found in its territory, in enemy territory, or on the high seas.Requisites:a. that the property is under the control or jurisdiction of the belligerent.b. that there is an urgent necessity for the taking.c. that just compensation is paid to the owner.

Against Eminent Doman:Eminent domain cannot be exercised against property is only temporary, and usually over the owners objection. Expropriated property is never taken for the purpose of destroying it.

Termination of Neutralitya. when the neutral state itself joins the war.b. Upon the conclusion of peace.