of international law
bearing upon the question at issue, the Court is to decide "in
accordance with the general principles of justice and equity."
It seems, however, to have been soon perceived that the
proposal to institute a Court, unprovided with any fixed system
of law by which to decide the cases which might be brought
before it, could not well be entertained, and the Final Act of
the Conference accordingly expresses a wish that "the
preparation of a _Reglement_, relative to the laws and customs
of maritime war, may be mentioned in the programme of the next
Conference."
Thereupon, without waiting for the meeting of a third Hague
Conference, the British Government on February 27, 1908,
addressed a circular to the great maritime Powers, which, after
alluding to the impression gained "that the establishment of
the International Prize Court would not meet with general
acceptance so long as vagueness and uncertainty exist as to the
principles which the Court, in dealing with appeals brought
before it, would apply to questions of far-reaching importance,
affecting naval policy and practice," went on to propose that
another Conference should meet in London, in the autumn of the
same year, "with the object of arriving at an agreement as to
what are the generally recognised principles of international
law within the meaning of paragraph 2 of Article 7 of the
Convention, as to those matters wherein the practice of nations
has varied, and of then formulating the rules which, in the
absence of special treaty provisions applicable to a particular
case, the Court should observe in dealing with appeals brought
before it for decision.... It would be difficult, if not
impossible, for H.M. Government to carry the legislation
necessary to give effect to the Convention, unless they could
assure both Houses of the British Parliament that some more
definite understanding had been reached as to the rules by
which the new Tribunal should be governed."
In response to this invitation, delegates from ten principal
maritime States assembled at the Foreign Office on December 4,
1908, and after discussing the topics to which their attention
was directed, viz.: (1) Contraband; (2) Blockade; (3)
Continuous voyage; (4) Destruction of neutral prizes; (5)
Unneutral service; (6) Conversion
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