POLI SCI 316 Study Guide - Final Guide: Cuban Missile Crisis, Counter-Insurgency, Sovereign Immunity
30 Oct 2014
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Actors involved: fishing men of the two boats (spanish nationals fishing off the coast of cuba) and admiral sampson (us naval) Summary of events: two fishing vessels off cuba s coast captured by us naval forces and their ship and its possessions were given to the us. Naval and crew by district court in florida: was during the spanish-american war, us admiral said that the ships had the potential of being used in the war against the us. Principles of international laws used: prize of war. Legal to capture or seize enemies vessels if believed is aiding the enemy side. Under presidential decree in the us history: norm/custom of fishing ship s immunity from capture. Court ruling: overturned ruling of district court, ordered return of ship and possessions back to the crew, came about ruling. Precedent on 5 centuries of custom and practices going as far as king henry vi s decree shielding fishing vessels.
