Leading Cases On International Law With Notes Containing the Views of the Text
Leading Cases On International Law With Notes Containing the Views of the Text
Pitt Cobbett
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D. Great Britain and the United States, 148); The Two Friends (1 C. Rob. see Hall, 26-5 n; and Wharton, Digest, 271); The Belgenland (114 U. S. 355; i. 123. Scott, p. 338) ; The Reliance (Abbott, (q) Supra, p. 175. Adm. R. 817; Scott, p. 230). (h) On the subject generally, see 288 Leading Cases on International Law. The Doctrine of the Territoriality of Vessels. — In the case of the Costa Bica Packet the arbitrator based his decision on the ground, amongst others, that a merchant vessel, whilst... on the high seas, con- stitutes a detached portion of the territory of the State whose flag she bears. A similar position is taken up in many of the English and American decisions (k). As used in these cases, the doctrine commonly means no more than that the State to which the vessel belongs has a jurisdiction over the vessel and those on board similar to that which it would possess over them if they were within the national territory. It is, in fact, used only as a metaphor, and without any implication that a national vessel is to be regarded as enjoying the same integrity as the national territory.
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