The Paquete Habana Case 175 US 677 (1900)

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The law was created to provide rules of policy to enforced its regulation so that any individuals or a group of society adhere regarding the will of their state. However, laws in each state or countries varies, and has different obligation as how each law is interpreted and enforced. This could become a problem in dealing with the international jurisdiction statute as to whom a state or neighboring country’s jurisdiction should apply. The Customary International Law was created as a commonly accepted rule of conduct that is recognized and honored globally. Some examples of commonly recognized rules regarding the Customary International Law includes, the rules for prosecuting the crimes towards slavery, genocide, rules that protected civilians during war or rules regarding the seizure of private vessels during wartime (Schaffer, Agusti, & Dhooge, 2015, p. 33). The United States, on the other hand, also recognized and honored the statue of the Customary International Law, nevertheless, it also …show more content…
The Paquete Habana case 175 U.S. 677 (1900) provides a good example where Customary International Law was applied in the U.S. court system. During the Spanish-American War, the U.S. naval forces initiated a blockade near Cuba and seized two Spanish fishing vessels enroot to Havana. Both vessels and its cargoes were brought to Florida by the Navy and sold as prizes of war. The Supreme Court, however, chose to uphold the traditional rule of international law and argued that the coastal fishing vessels whose mission is to catch and to bring fresh fishes, are exempt from capture as prize of war. According to the Court, the Customary International Law is part of the fundamental law of the Federal Common Law in which the rule is applied in the Paquette Habana case (Bellia & Clark, 2009, p. 78-79), (Schaffer, Agusti, & Dhooge, 2015, p.