October, 1907, and at the same time to the ratification, as forming an integral part of the said convention, of the protocol thereto, signed at The Hague on the 19th day of September, 1910, and transmitted to the Senate by the President on the 2d day of February, 1911: Provided, That it is the understanding of the Senate and is a condition of its consent and adIvice that in the instrument of ratification the United States of America shall declare that in prize cases recourse to the International Court of Prize can only be exercised against it in the form of an action in damages for the injuries caused by the capture."

[Translation]

ADDITIONAL PROTOCOL TO THE CONVENTION RELATIVE TO THE ESTABLISHMENT OF AN INTERNATIONAL COURT OF PRIZE

"Germany, the United States of America, the Argentine Republic, Austria-Hungary, Chile, Denmark, Spain, France, Great Britain, Japan, Norway, the Netherlands, Sweden, powers signatory to The Hague Convention dated October 18, 1907, for the establishment of an international court of prize, considering that for some of these powers difficulties of a constitutional nature prevent the acceptance of the said convention, in its present form, have deemed it expedient to agree upon an additional protocol taking into account these difficulties without jeopardizing any legitimate interest and have, to that end, appointed as their plenipotentiaries, to wit:

"Who, after depositing their full powers, found to be in good and due form, have agreed upon the following:

"ARTICLE 1. The powers signatory or adhering to The Hague Convention of October 18, 1907, relative to the establishment of an international court of prize, which are prevented by difficulties of a constitutional nature from accepting the said convention in its present form, have the right to declare in the instrument of ratification or adherence that in prize cases, wherefore their national courts have jurisdiction, recourse to the international court of prize can only be exercised against them in the form of an action in damages for the injury caused by the capture.

"ART. 2. In the case of recourse to the international court of prize, in the form of an action for damages, article 8 of the convention is not applicable; it is not for the court to pass upon the validity or the nullity of the capture, nor to reverse or affirm the decision of the national tribunals. "If the capture is considered illegal, the court determines the amount of damages to be allowed, if any, to the claimants.

"ART. 3. The conditions to which recourse to the international court of prize is subject by the convention are applicable to the action in damages.

"ART. 4. Under reserve of the provisions hereinafter stated the rules

of procedure established by the convention for recourse to the international court of prize shall be observed in the action in damages.

"ART. 5. In derogation of article 28, paragraph 1, of the convention, the suit for damages can only be brought before the international court of prize by means of a written declaration addressed to the International Bureau of the Permanent Court of Arbitration; the case may even be brought before the bureau by telegram.

"ART. 6. In derogation of article 29 of the convention the international bureau shall notify directly, and if possible by telegram, the Government of the belligerent captor of the declaration of action brought before it.

"The Government of the belligerent captor, without considering whether the prescribed periods of time have been observed, shall, within seven days of the receipt of the notification, transmit to the international bureau the case, appending thereto a certified copy of the decision, if any, rendered by the national tribunal.

"ART. 7. In derogation of article 45, paragraph 2, of the convention the court rendering its decision and notifying it to the parties to the suit shall send directly to the Government of the belligerent captor the record of the case submitted to it, appending thereto a copy of the various intervening decisions as well as a copy of the minutes of the preliminary proceedings.

"ART. 8. The present additional protocol shall be considered as forming an integral part of and shall be ratified at the same time as the convention.

"If the declaration provided for in article 1 herein above is made in the instrument of the ratification, a certified copy thereof shall be inserted in the procès verbal of the deposit of ratifications referred to in article 52, paragraph 3, of the convention.

"ART. 9. Adherence to the convention is subordinated to adherence to the present additional protocol.

"In faith of which the plenipotentiaries have affixed their signatures to the present additional protocol."

APPENDIX IV

1909

INTERNATIONAL NAVAL CONFERENCE

Signed at London February 26, 1909; ratification advised by the Senate April 24, 1912

The text of this convention is taken from the copy printed for the use of the Senate of the United States.

[Translation]

DECLARATION CONCERNING THE LAWS OF NAVAL

WARFARE

"His Majesty the German Emperor, King of Prussia; the President of the United States of America; His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic King of Hungary; His Majesty the King of Spain; the President of the French Republic; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India; His Majesty the King of Italy; His Majesty the Emperor of Japan; Her Majesty the Queen of the Netherlands; His Majesty the Emperor of All the Russias.

"Having regard to the terms in which the British Government invited various Powers to meet in conference in order to arrive at an agreement as to what are the generally recognized rules of international law within the meaning of Article 7 of the Convention of 18th October, 1907, relative to the establishment of an International Prize-Court;

"Recognizing all the advantages which an agreement as to the said rules would, in the unfortunate event of a naval war, present, both as regards peaceful commerce and as regards the belligerents and their diplomatic relations with neutral Governments;

"Having regard to the divergence often found in the methods by which it is sought to apply in practice the general principles of international law "Animated by the desire to insure henceforward a greater measure of uniformity in this respect;

"Hoping that a work so important to the common welfare will meet with general approval;

"Have appointed as their Plenipotentiaries, etc., etc.

PRELIMINARY PROVISION

"The Signatory Powers are agreed that the rules contained in the following Chapters correspond in substance with the generally recognized principles of international law.

CHAPTER I-Blockade in Time of War

ARTICLE 1

"A blockade must not extend beyond the ports and coasts belonging to or occupied by the enemy.

ARTICLE 2

"In accordance with the Declaration of Paris of 1856, a blockade, in order to be binding, must be effective-that is to say, it must be maintained by a force sufficient really to prevent access to the enemy coastline.

ARTICLE 3

"The question whether a blockade is effective is a question of fact.

ARTICLE 4

"A blockade is not regarded as raised if the blockading force is temporarily withdrawn on account of stress of weather.

ARTICLE 5

"A blockade must be applied impartially to the ships of all nations.

ARTICLE 6

"The Commander of a blockading force may give permission to a warship to enter, and subsequently to leave, a blockaded port.

ARTICLE 7

"In circumstances of distress, acknowledged by an officer of the blockading force, a neutral vessel may enter a place under blockade and subsequently leave it, provided that she has neither discharged nor shipped any cargo there.

ARTICLE 8

"A blockade, in order to be binding, must be declared in accordance with Article 9 and notified in accordance with Articles 11 and 16.

ARTICLE 9

"A declaration of blockade is made either by the blockading Power or by the naval authorities acting in its name

"It specifies

"(1) The date when the blockade begins;

"(2) The geographical limits of the coast-line under blockade; "(3) The period within which neutral vessels may come out.

ARTICLE 10

"If the operations of the blockading Power, or of the naval authorities acting in its name, do not tally with the particulars, which, in accordance with Article 9 (1) and (2), must be inserted in the declaration of blockade, the declaration is void and a new declaration is necessary in order to make the blockade operative.

ARTICLE 11

"A declaration of blockade is notified

"(1) To neutral Powers by the blockading Power by means of a communication addressed to the Government direct or to their representatives accredited to it;

"(2) To the local authorities by the officer commanding the blockading force. The local authorities will, in turn, inform the foreign consular officers at the port or on the coast-line under blockade as soon as possible.

ARTICLE 12

"The rules as to declaration and notification of blockade apply to cases where the limits of a blockade are extended or where a blockade is reestablished after having been raised.

ARTICLE 13

"The voluntary raising of a blockade, as also any restriction in the limits of a blockade, must be notified in the manner prescribed by Article 11.

ARTICLE 14

"The liability of a neutral vessel to capture for breach of blockade is contingent on her knowledge, actual or presumptive, of the blockade.

ARTICLE 15

"Failing proof to the contrary, knowledge of the blockade is presumed if the vessel left a neutral port subsequently to the notification of the blockade to the Power to which such port belongs, provided that such notification was made in sufficient time.

ARTICLE 16

"If a vessel approaching a blockaded port has no knowledge, actual or presumptive, of the blockade, the notification must be made to the vessel itself by an officer of one of the ships of the blockading force. This notification should be entered in the vessel's log-book and must state the day and hour and the geographical position of the vessel at the time.