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PAQUETE HABANA

PAQUETE HABANA - Many learned scholars are cited in case as...

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PAQUETE HABANA o The Paquete Habana and Lola were captured and sold by US b/c of the state of war that existed o Court’s question(s) of consideration: whether the fishing smacks were subject to capture by the armed vessels of the US during the recent war w/ Spain One argument: coast fishing vessels have been recognzd as exempt by ancient usage (cust law) Also, fishing boats had been exempt from hostilities since 1521 o Important precedent: Intl law is part of our law…where there is no treaty, resort must be had to customs and usages of civilized nations as well as works of learned scholars
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Unformatted text preview: Many learned scholars are cited in case as arguing for fisherman in those scenario’s o Court determined that bc of general consent of civilzd nations of world, it is cust law that coast fishing vessels, unarmed and honestly bringing in fresh fish, are exempt from capture as prize of war. Also, these vessels had no knowledge of the war that occurred after they left Also said that rule of intl law makes nations bound o DISSENT Unable to conclude there is the intl rule • Exemption of fishing craft is ACT of GRACE not matter of right...
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