Full text: A treatise on the law of prize

INTRODUCTORY CHAPTER. 
of course, of no public interest; but from time to time 
cases such as The Kim,? The Zamora,® and The Leonora * 
received the attention of leading articles, while the 
publication of Parliamentary Papers drew attention to 
the correspondence taking place between the British 
and neutral Governments. The issue of Orders in 
Council bringing into operation the Declaration of 
London with numerous modifications, and the issue of 
the Retaliatory Orders in Council, laid the British 
Government open to charges of militarism or navalism 
by neutral States. The decision of the Judicial Com- 
mittee of the Privy Council in The Zamora that the 
law administered by British Prize Courts was Inter- 
national Law, and that under the terms of the Commission 
under which the Judge sat the King in Council had no 
power to prescribe or to alter the law as administered, 
cleared the air. It showed, as a distinguished American 
writer said, ‘the real gulf existing between German 
and British standards of justice.” ® 
The importance of this decision cannot be over- 
estimated. Neutral States had complained of the Orders 
in Council, and in reply to the advice of the Foreign 
Office that their complaints should be taken to the 
Prize Court they said in effect: ° What is the use of 
our going to a Court which is under the control of the 
Government?” The judgment in The Zamora recalled 
the famous dictum of Lord Stowell in The Maria © (which 
also was concerned, as was The Zamora, with a Swedish 
ship)—that it is the duty of a Judge of a British Court 
2 [1915] P. 215. 
2 [1916] 2 A..C. T7; see post, p. 14. 
4 [1919] A. C. 974. 
5 T. H. Wolsey, A. J. 1. L., xiii., p. 194. 
81 (. Rob. 340 
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