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The Santa Fe.

Japan.  24 July 1959 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Recognition — Of Governments — Retroactive effect of — Effect of recognition through conclusion of peace treaty — Commencement of state of war between two States from date of declaration of war by Government now recognized in peace treaty — State of war between France and Japan — Recognition by Japan of new French Government in Peace Treaty of 1951 — Effect of such recognition on declaration of war on Japan by French Government Commission under General de Gaulle in 1941.

War — In general — Commencement of war — Effect of declaration of war by Government — in — exile — Whether state of war existed between France and Japan in 1941 — Effect of Protocol between Vichy Government of France and Government of Japan concerning Joint Defence of Indo — China, 1941 — Effect of declaration of war on Japan by French Government Commission under General de Gaulle.

Warfare at sea — Prize law — Jurisdiction of prize courts — Nature and extent of — Review of decisions of prize courts of defeated belligerent under Peace Treaty — Review in conformity with international law — Peace Treaty with Japan, Article 15 (a).

Warfare at sea — Visit, search and capture — Of enemy merchantmen — Right of — Enemy character of vessel — Relevance of nationality of owner — Relevance of intention in changing registration of ship — Legality of capture of ship in dock by marine units — Ship partially dismantled — Whether capable of being object of capture at sea — Status of port of Saigon in 1941 — Whether neutral territory — Effect of Protocol between France and Japan concerning Joint Defence of Indo-China — Effect of declaration of war on Japan by French Government Commission under General de Gaulle — Application of Hague Convention on Status of Enemy Merchant Ships at Outbreak of Hostilities, 1907.

Type
Case Report
Copyright
© Cambridge University Press 1966

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