University of Baltimore Law Review Volume 15 Article 2 Issue 1 Fall 1985 1985 The aP quete Habana: A Case History in the Development of International Law Scott .W Stucky Federal Judge, U.S. Court of Appeals for the Armed Forces Follow this and additional works at: http://scholarworks.law.ubalt.edu/ublr Part of the International Law Commons Recommended Citation Stucky, Scott .W (1985) "The aP quete Habana: A Case History in the Development of International Law," University of Baltimore Law Review: Vol. 15: Iss. 1, Article 2. Available at: http://scholarworks.law.ubalt.edu/ublr/vol15/iss1/2 This Article is brought to you for free and open access by ScholarWorks@University of Baltimore School of Law. It has been accepted for inclusion in University of Baltimore Law Review by an authorized administrator of ScholarWorks@University of Baltimore School of Law. For more information, please contact
[email protected]. UNIVERSITY OF BALTIMORE LAW REVIEW Copyright © 1985 by The University of Baltimore Law Review. All rights reserved. Volume Fifteen Fall 1985 Number One THE PAQUETE HABANA: A CASE HISTORY IN THE DEVELOPMENT OF INTERNATIONAL LAW Scott w. Stuckyt In The Paquete Habana, decided in 1900, the United States Supreme Court adopted the doctrine that coastal fishing vessels are exempt from capture as prize of war. The Court held that the exemption was an estab lished custom of international law, which-in the absence of a controlling executive or judicial decision-should be incorporated into the corpus of our common law. The Paquete Habana influenced the development of positive rules of international law that expanded the class of civilian vessels that are exempt from capture.