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Prize courts

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Prize courts

  1. 1. PRIZE COURTS
  2. 2. PRIZE COURTS The enemy property seized in the sea in violation of rules blockade or contraband are called Prize. In order to acquire ownership over such goods or ships the general practice is that such goods or ship produced before the courts which are called Prize Courts.
  3. 3. Nature Of Prize Courts Prize Courts are National courts. The acquire validity from state law. They are not International Courts. It was laid down in the famous case of The Zamora that the British Prize Courts are, in fact , national tribunals.
  4. 4. Jurisdiction Of The Prize Courts The Prize Courts derive Jurisdiction from the belligerent states which establish them. The belligerent state establishes these Courts because it is necessary for them to get validity of the goods or ships seized by them certified or verified by such courts. Since Prize Courts are national courts, the state law and notification are binding upon them.
  5. 5. Law Applied By Prize Courts The Prize Courts are National Courts but they decide cases submitted before them in accordance with the Law and derive Jurisdiction from the National orders and notifications, in fact, they apply the State Law or the utmost that can be said is that they apply International Law as followed and applied in the particular state.
  6. 6. Famous Case The Zamora In the leading case of The Zamora, it was laid down that the Prize Courts are bound by the acts and statutes of the parliament, but they are not bound by such orders of king in council as are contrary to the provisions or rules of the International Law of the effect of which is to modify the International Law. Thus, in short it may be said that Prize Courts decide cases in accordance with the International Law.
  7. 7. Case The Appam A leading case in regard to the Jurisdiction of Prize Courts is The Appam. The Appam was a British ship which was seized by the German ships in 1916 during the First World War. The German Officers took the ship under the control, placed it under the authority and control of German Officers and took it to the nearest American port until the time, America was a neutral state. The German Officers requested the Secretary of State of America to detain the ship and its crew in the American port for an indefinite period. America rejected this request and released the crew of the ship. Subsequently the owners of the ship,
  8. 8. Case The Appam (CNTD…) The Appam, filed a suit in the Admirality Courts of America for the recovery of the ship and its cargoes. Lastly, the court laid down in clear terms that it had the Jurisdiction to decide the case because it involved the violation of the neutrality of America. The Court concluded that the moment the Appam entered the American waters, Germany ceased to have any legal claim over it.
  9. 9. Ransom of Prize It is necessary to produce the prize before a prize court. But International Law does not forbid the ransoming of the captured vessel. This may be done either directly after the capture, or after the vessel has been conducted to port but before adjudication. The practice of accepting any paying ransom grew up on the sixteenth century. This practice has now been prohibited by the municipal law of many countries
  10. 10. Loss of Prize As pointed out by Oppenheim, A Prize is lost under the following conditions:  When she escapes through being rescued by her own crew;  When the captor intentionally abandons her; and  When she is recaptured.
  11. 11. THANK YOU

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