INTRODUCTORY CHAPTER. xvii
messages. Dr. Colombos shows very clearly how imprac-
ticable the old procedure had become under the changed
conditions of modern commerce. The alteration of
practice had the effect sometimes, as in the case of
greatly increased imports of commodities to a neutral
country adjacent to a belligerent, of shifting the burden
of proof of innocence to the claimant. Dr. Colombos
gives examples of such statistical cases, in which it was
impossible for the Court to refuse to draw inferences as to
enemy destination, and the claimant was left to rebut the
presumption ; but, where the transaction was an innocent
one, a neutral claimant who made complete disclosure
was assured of justice. The decisions of other maritime
States on these points conform in the main to those of
the British Prize Courts.
The fact that Prize Courts in many countries are
bound by the orders and legislative enactments of the
authority under which they sit, and are consequently
not at liberty to apply rules of International Law where
these are in conflict with the municipal instructions, has
led Dr. Colombos to conclude his work with a chapter
on ‘“ An International Prize Court.” ® On general prin-
ciples it must appear that an international tribunal is the
only one which can with independence and impartiality
apply the rules of International Law, and the arguments
by which he supports his plea for the establishment of
an International Prize Court are weighty. He is of
opinion that the record of cases in the Prize Courts of
the belligerents reveals the fact that the number of open
questions is not now so great as to render an agreement
on the main rules of International Law in time of war
impossible. While admitting the eminently impartial
® Bee post, p. 330.