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Opinion Construing the Phrase “ Naval and Military Works or Materials ” as Applied to Hull Losses and Also Dealing with Requisitioned Dutch Ships

Published online by Cambridge University Press:  04 May 2017

Edwin B. Parker ,
W. Kiesselbach  and
Chandler P. Anderson
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Abstract

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Type
Judicial Decisions Involving Questions of International Law
Information
American Journal of International Law , Volume 18 , Issue 3 , July 1924 , pp. 614 - 634
Copyright
Copyright © American Society of International Law 1924

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References

1 Reference is made to definition of terms contained in Administrative Decision No. I.[Printed in this Joubnal, Vol. 18, No.1 (Jan. 1924), pp. 175-176.]

2 The reparations provided for in the exchange of notes between the United States and Germany culminating in the Armistice of November 11, 1918, executed by the military representatives of the belligerent powers, were limited to reparations for losses to the civilian population. The Lansing note of November 5, 1918, provides that the Allied Powers “ understand that compensation will be made by Germany for all damage done to the civilian population of the Allies and their property by the aggression of Germany by land, by sea, and from the air.” Italics appearing throughout this opinion are, as a rule, added by the Commission.

3 See Note 11 of Administrative Decision No. II, pages 14 and 15 of Decisions and Opinions of this Commission. [Printed in this Journal, Vol. 18, No. 1 (Jan. 1924), pp. 177-186.]

4 The Lake Mmroe (1919), 250 U. S. 246.

5 andeman v. Scurr ,(1866) L. R. 2 Q. B. 86; Chesapeake Marcardier v. Insurance Co.,(1814) 8 Cranch 39, 49; Reed v. United States, (1871) 11 Wallace 591, 600; Leary v. United States, (1872) 14 Wallace 607, 610; Kent's Commentaries, 14th edition, Vol. Ill , page 138;Scrutton, Charterparties and Bills of Lading, 11th (1923) edition, Article 2, pages4-9.

6 Admiralty Commissioners v. Page and Others, (1918) 2 K. B. 447, affirmed in (1919) 1 K.B. 299. See also The Sarpen, Court of Appeal, (1916) Probate Division, 306, 313; Masterof Trinity-House v. Clark, (1815) 4 M. and S. 288.

7 The Lofce Monroe, (191S) 250 U. S. 246.