In treating of international rights in time of war, there is to be considered, first, the general effect of the state of war; secondly, the national character of persons and things, which is essential to determine the rights and duties of neutrals and belligerents with respect to them; next the right of belligerents to seize the property of the enemy, which leads, thirdly, to the right of search; then their right to prevent neutrals from interposing in the war, which produces, fourthly, the right of blockade, and fifthly, the right of capturing contraband; next the right, which belligerents possess of relaxing their belligerent rights, which gives rise, sixthly, to licenses, and seventhly, to ransom; eighthly, the exercise of those rights in the recapture of property, which gives rise to the doctrine of salvage; and ninthly, in the distribution of prizes; tenthly, the judicial determination of those rights, or the jurisdiction and practice of Prize Courts. War is, where a sovereign state prosecutes its claims by force of arms; Bynkershoek adds, or by stratagem; but stratagem is but a mode of applying force (a). The justice or VOL. II. (a) Bynk. Q. J. P. i. 1; Heinecc. El. ii. § 181. B |