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to be considered as introductive of any new rule
but merely as declaratory of the old fundamental
constitutions of the kingdom; without which it
must cease to be a part of the civilised world.
Nevertheless, with all respect, I am of opinion
that international law does not occupy in the
English legal system the pre-eminent position which
is here claimed for it.
Further, this contention of the crown, is,
in my opinion, founded upon a mis-conception of
the constituent elements of international law which
in this matter gives no directions but merely
negatives a prohibition.
Outside the limits of a
Inter-
territorial jurisdiction the rule of international
law on which the crown here relies is permissive and
not obligatory. It is procedural and not positive.
Piracy jure gentium is not a crime in the sense in
which a breach of the common law is a crime.
national law in this branch is merely a succession
of precedents from which it may be deduced in what
circumstances the action of an individual state may
according to the international system be interfered
with and in what other circumstances each state is
free to act (see "The Lotus case", Ser. A., No.10,
7th September, 1927, International Court of the Hague).
No international undertaking, even by implication,
exists to punish pirates. If a nation provides no
legal machinery for the trial within its jurisdiction
of persons who commit piracy upon the high seas that
nation is not thereby amenable to international
correction.