No. 5 (1909),
pp. 2-63, 99-102, 120, 189, 205, 215, 223, 248, 268-278, 323,
365.) Arts. 48-54 of the Declaration, signed by the delegates
to the Conference on February 26, 1909, but not ratified by
Great Britain, related to this question. After laying down, in
Art. 48, the general principle that "a neutral prize cannot be
destroyed by the captor, but should be taken into such port as
is proper for the legal decision of the rightfulness of the
capture" the Declaration proceeded, in Art. 49, to qualify this
principle by providing that "exceptionally, a neutral vessel
captured by a belligerent warship, which would be liable to
confiscation, may be destroyed, if obedience to Art. 48 might
compromise the safety of the warship, or the success of the
operations in which she is actually engaged."

* * * * *

SECTION 8

_An International Prize Court_

The forecast, incidentally attempted in the following letters,
of the general results likely to be arrived at by the second
Peace Conference, has been justified by the event. As much may
be claimed for the views maintained upon the topic with which
these letters were more specifically concerned. Instead of
letting loose the judges of the proposed International prize
Court to "make law," in accordance with what might happen to be
their notions of "the general principles of justice and
equity," a serious attempt has been made to supply them with a
Code of the law which they would be expected to administer.

Some account will be given at the end of this section of the
movement towards the establishment of an International Court of
Appeal in oases of prize.

AN INTERNATIONAL PRIZE COURT

SIR--The idea suggested by the question addressed on February 19 to the
Government by Mr. A. Herbert--viz. that the appeal in prize cases
should lie, not to a Court belonging to the belligerent from whose Court
of first instance the appeal is brought, but to an international
tribunal, has a plausible appearance of fairness, but involves many
preliminary questions which must not be lost sight of.

Prize Courts are, at present, Courts of enquiry, to which a belligerent
Government entrusts the duty of ascertaining whether the captures made
by its officers have been properly made, according to the views of
international law entertained by that Government. Ther