International Law Some Problems of the War a Lecture Delivered Before the Un
International Law Some Problems of the War a Lecture Delivered Before the Un
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Each case must turn on the particular facts established by evidence, and since the case of the Kim is under appeal, we cannot, with propriety, express any opinion on it. But it is an illustration of the class of case which is arising in the present war, and it does seem that evidence of the kind referred to, if established, may well raise a presumption of enemy destination and shift the onus on to the owners of the goods to displace it by other evidence if they can. If, as has been submitted, t...he destination of goods is a question of fact, then the onus of proof must vary according to the presumption arising from the evidence given by the respective parties. It may be that Courts of Prize have not hitherto gone as far in this direction as the Court was asked to go in the case of the Kim, but conditions have changed and there seems no objection of principle against the shifting of the onus of proof on to a neutral in a proper case, given the requisite circum- stances and presumption.
The difficulties of the present position are due largely Changes to the fact that our sea law has been based for the past ^^ ^^ 22 INTERNATIONAL LAW necessi- 100 years on the traditions of the Napoleonic wars.
What to read after International Law Some Problems of the War a Lecture Delivered Before the Un?
You can find similar books in the "Read Also" column, or choose other free books by H Erle Henry Erle Richards to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Each case must turn on the particular facts established by evidence, and since the case of the Kim is under appeal, we cannot, with propriety, express any opinion on it. But it is an illustration of the class of case which is arising in the present war, and it does seem that evidence of the kind referred to, if established, may well raise a presumption of enemy destination and shift the onus on to the owners of the goods to displace it by other evidence if they can. If, as has been submitted, t...he destination of goods is a question of fact, then the onus of proof must vary according to the presumption arising from the evidence given by the respective parties. It may be that Courts of Prize have not hitherto gone as far in this direction as the Court was asked to go in the case of the Kim, but conditions have changed and there seems no objection of principle against the shifting of the onus of proof on to a neutral in a proper case, given the requisite circum- stances and presumption.
The difficulties of the present position are due largely Changes to the fact that our sea law has been based for the past ^^ ^^ 22 INTERNATIONAL LAW necessi- 100 years on the traditions of the Napoleonic wars.
What to read after International Law Some Problems of the War a Lecture Delivered Before the Un?
You can find similar books in the "Read Also" column, or choose other free books by H Erle Henry Erle Richards to read onlineMoreLess
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