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''Paquete Habana.; The Lola'', 175 U.S. 677 (1900), was a landmark United States Supreme Court case that reversed an earlier court decision allowing the capture of fishing vessels under Prize. Its importance rests on the fact that it integrated Customary international law with American law, perhaps the quintessential position of those who hold a monist perspective of international law. ==Background of the case== In April 1898 two fishing vessels, the ''Paquete Habana'' and the ''Lola'', separately left Cuban ports in Havana in order to fish. The two vessels were eventually captured by US Naval vessels as part of Admiral William T. Sampson's blockade of Cuba, who was ordered to execute the blockade 'in pursuance of the laws of the United States, and the ''law of nations'' applicable to such cases.' The vessels were placed within Cuba's territorial waters at the onset of the Spanish-American War and then taken to Key West, where both vessels were eventually auctioned by the district court. Both vessels were valued under the price of $2000(US) and were thus not originally thought to be exempt from seizure. Admiral Sampson justified the seizures by stating that most fishing vessels, flying under the Spanish banner were manned by excellent seamen, "liable for further service" as naval reserves, an asset that could eventually be used against US interests in the Spanish-American War. The owners of the vessels however made an appeal to the circuit courts, citing a long held tradition by nations of exempting fishing vessels from prize capture in times of war. This "tradition", a primary example of customary international law, dates back from an order by Henry IV in 1403, and has more or less been observed by a large majority of States ever since. At the time of capture both vessels had no evidence of aiding the enemy, and were unaware of the US naval blockade. No arms were found on board, and no attempts were made to either run the blockade or resist capture. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「The Paquete Habana」の詳細全文を読む スポンサード リンク
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