Chapter

Prize law and contraband in modern naval warfare

Marcel Schulz

Operational law in international straits and current maritime security challenges

Cham : Springer, 2018

p. 211-243

English

Bibliographie : p. 241-243

Prize law and the law of contraband are based on the rules of peacetime public international law, especially peacetime law of the sea. The origin of prize and contraband laws is the Paris Declaration of 1856; however, they still are part of the modern humanitarian law and the law of armed conflict at sea. Many historical regulations have barely changed and remain valid today, with States showing no interest in changing them. This chapter initially illuminates historical developments of this very unique and special aspect of naval warfare, which is the precondition for any understanding of modern rules. It notes that, while there may be uncertainties regarding some details, there is a general agreement on the core rules of prize law and law of contraband. They are in no way outdated but rather provide a very practicable framework.

• Operational law in international straits and current maritime security challenges / Jörg Schildknecht... [et al.], eds