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The Paqueta Habana Case Analysis

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Jerom Edulji, SVKM’s Pravin Gandhi College of Law Mumbai


Introduction


“The Paquete Habana, 175 U.S. 677 (1900)” is a landmark case in the maritime law jurisprudence of the United States Supreme Court. This legal precedent, born from the aftermath of the Spanish-American War, has left a lasting imprint on the principles of international law, emphasizing respect for established customs even during times of armed conflict. The case revolves around the seizure and subsequent condemnation of two fishing vessels, the Paquete Habana and the Lola, by the United States government. It sets the stage for a profound examination of maritime law, international law, and the intricate interplay between them.


The year 1898 marked a turning point in history when the United States engaged in a brief but transformative conflict with Spain. Amidst this tumultuous backdrop, the U.S. government commandeered the aforementioned fishing vessels as prize of war, asserting that the vessels were liable to capture because of their Spanish ownership. This legal action gave rise to a critical question: did international law exempt peaceful, non-combatant property from seizure during war? The Supreme Court’s deliberation on this matter in “The Paquete Habana” would echo through the annals of jurisprudence, shaping the future of maritime law, international relations, and the protection of individual rights.


This research paper seeks to delve into the intricate details of the case, offering a comprehensive analysis of the legal arguments presented, the Supreme Court’s decision, and the ramifications of that decision on international law. Furthermore, it explores the historical and contemporary relevance of “The Paquete Habana,” examining its enduring impact on maritime law, international legal conventions, and the conduct of nations during wartime. As we venture deeper into the case, we will unveil the intricate web of principles, precedents, and customs that underpin the case’s significance, demonstrating that even in the heat of battle, established international norms can guide the course of justice and safeguard the rights of innocent parties.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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