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    The Paquete Habana 175 US 677 08 January 1900

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    amil mangotara
    The two fishing boats "The Paquete Habana" and "The Lola", owned by Spanish citizens who fished regularly off the coast of Cuba, were seized as prizes of war by the United States during the Spanish-American War in 1898 while fishing near Cuba. The owners sued the United States claiming international law exempts coastal fishing vessels from capture during war. The court ruled that under international law, fishing boats pursuing their occupation of catching and bringing in fresh fish are exempt from capture as prizes of war along with their cargoes and crews. The doctrine exempting coastal fishermen and their vessels from seizure has been recognized by the US, France and Britain.

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    © All Rights Reserved
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    The Paquete Habana 175 US 677 08 January 1900

    Uploaded by

    amil mangotara
    9 views1 page
    The two fishing boats "The Paquete Habana" and "The Lola", owned by Spanish citizens who fished regularly off the coast of Cuba, were seized as prizes of war by the United States during the Spanish-American War in 1898 while fishing near Cuba. The owners sued the United States claiming international law exempts coastal fishing vessels from capture during war. The court ruled that under international law, fishing boats pursuing their occupation of catching and bringing in fresh fish are exempt from capture as prizes of war along with their cargoes and crews. The doctrine exempting coastal fishermen and their vessels from seizure has been recognized by the US, France and Britain.

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    2.-The-Paquete-Habana-175-US-677-08-January-1900

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    The two fishing boats "The Paquete Habana" and "The Lola", owned by Spanish citizens who fished regularly off the coast of Cuba, were seized as prizes of war by the United States during the Spanish-American War in 1898 while fishing near Cuba. The owners sued the United States claiming international law exempts coastal fishing vessels from capture during war. The court ruled that under international law, fishing boats pursuing their occupation of catching and bringing in fresh fish are exempt from capture as prizes of war along with their cargoes and crews. The doctrine exempting coastal fishermen and their vessels from seizure has been recognized by the US, France and Britain.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    9 views1 page

    The Paquete Habana 175 US 677 08 January 1900

    Uploaded by

    amil mangotara
    The two fishing boats "The Paquete Habana" and "The Lola", owned by Spanish citizens who fished regularly off the coast of Cuba, were seized as prizes of war by the United States during the Spanish-American War in 1898 while fishing near Cuba. The owners sued the United States claiming international law exempts coastal fishing vessels from capture during war. The court ruled that under international law, fishing boats pursuing their occupation of catching and bringing in fresh fish are exempt from capture as prizes of war along with their cargoes and crews. The doctrine exempting coastal fishermen and their vessels from seizure has been recognized by the US, France and Britain.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 1

    2019-119284 Public International Law

    Case Digest No. 2

    The Paquete Habana


    175 US 677. 08 January 1900

    TOPIC/S: Fishing vessels are exempted from capture as prizes of war.

    EXCERPT: The argument of the fishermen whose vessels was seized by the U.S
    officials was that under the principles of international law, coastal fishermen are
    exempted from capture as prizes of war.

    FACTS:

    Two fishing boats — “The Paquete Habana” and “The Lola”, each owned by
    Spanish citizens, regularly fished off the coast of Havana, Cuba. Spain maintained
    control of Cuba until this control was challenged by the United States in the Spanish-
    American War of 1898.

    During the war, the United States imposed a blockade of Cuba and declared
    war against Spain. While they were out to sea, fishing along the coast of Cuba and
    near Yucatan, the two Spanish fishing vessels were captured by blockading
    squadrons. Until stopped by the blockading squadron, the fishing vessels had no
    knowledge of the existence of the war, or of any blockade. Their cargo contained no
    arms or ammunition, but merely fresh fish and they made no attempt to run the
    blockade after they knew of its existence, nor any resistance at the time of the capture.
    When the vessels returned with their catches of fresh fish, they were captured as
    prizes of war by the United States. The ship owners brought suit against the United
    States in federal district court. The district court held the two fishing ships and their
    cargoes to be prizes of war. Thus, this ship owners’ appeal.

    ISSUES:

    Whether or not the seizure of the fishing boats as prizes of war are in
    compliance with the international law.

    RULINGS:

    (1)
    Fishing boats are exempted from capture as prizes of war.

    Under the law of nations, in each case the capture was unlawful and without
    probable cause. It was a rule of international law that coast fishing vessels, pursuing
    their vocation of catching and bringing in fresh fish, were exempt, with their cargoes
    and crews, from capture as prize of war. The doctrine that exempts coastal fishermen
    with their vessels and crews from capture as prizes of war has been known by the
    U.S. from the time of the War of Independence and has been recognized explicitly by
    the French and British governments. It is an established rule of international law that
    coastal fishing vessels with their equipment and supplies, cargoes and crews,
    unarmed and honestly pursuing their peaceful calling of catching and bringing in fish
    are exempt from capture as prizes of war.

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