Miscellaneous

Abstract

The relation between admiralty law and the law of nations was briefly discussed in the so-called „Daylight” case ¹). The Daylight, an American schooner, was struck by a Mexican gunboat while at anchor in a Mexican port, was wrecked and lost. One of the questions which the Commission had to consider was whether the rule which creates a presumption of fault against a ship in motion colliding with a ship at anchor was applicable to this collision which happened in Mexican waters as early as 1882. The American Agent attempted to prove the applicability of the rule by alleging that it was a rule of admiralty law, and, as such, of the law of nations. The Presiding Commissioner’s opinion, concurred in by Mr. McGregor, unfortunately does not deal with this point, which it seems to regard as irrelevant to the case, holding that Mexican law is applicable. Mr. Nielsen however, expresses the following view in his separate opinion:

„It is maintained in the Brief of the United States that maritime law is a part of the general law of nations, and it is argued that an examination of maritime codes reveals that at the time of the collision between the Daylight and the Independencia there was incorporated into the law of Mexico the principle of the often-stated rule which creates a presumption of fault against a ship in motion which comes into collision with a ship at anchor. In behalf of Mexico it is contended that no such rule was recognized in Mexican law in 1882. The statement has at times been made that admiralty law is international law. Admiralty law,although largely the product of principles and practices developed by maritime nations over a long period, can probably not be regarded as international law from the standpoint of the fundamental characteristics of the law of nations, namely, that it is a uniform law governing the conduct of nations which cannot be altered by a single nation It can perhaps be said that certain principles of admiralty law have been so generally assented to that they are international law to which members of the family of nations would give effect. There may be some conventional international law. What is spoken of as general maritime law is the groundwork of all maritime codes, but nations generally do not consider themselves precluded from making modifications or additions. International law recognizes the right of a nation to subject foreign vessels within its jurisdiction to its authority, and to apply to them its maritime code.” ¹)