authorities on that subject are themselves by no means agreed on every point in conexion with the definition of the offence, (3) and on certain of these points English courts have had to make up their own minds. (4) However, this may be, it seems clear that the courts have not in any event been content impliedly to refer
In to international law for a definition of piracy.
the first place they have made it clear that there are certain acts which are piracy in English law which are not piracy jure gentium (5),
(admittedly
sach acts are punishable only if committed by a British subject, or on board or producing their effects
in ...
3. See below paragraph 15.
4. See for instance Re Tivnan (1864, 5 8 & 8.645) and
Republic of Bolivia v. Indemnity Autual urine Inearance (1909, 1 X.B. 785)
H
5. Thus in Re Tivaan (supra note 4) Lord Blackburn said
(p.687) "But it appears clear enough both from the
'American authorities and our own, that th r. are "offences called piracy by the laws of those "respective countries which are not piracy by the "laws of nations"; and see Republic of Bolivia case (supra note 6) at p.799. Oppenheim, op. cit p.506, atates the matter as follows: "Piracy according "to the Law of Nations... mast not be confused "with the conception of piracy according to the "different Municipal Laws. The several States may "confine themedves to punishing as piracy fewer "acts of violence than those which the Law of "Nations defines as piracy" [see ante footnote 1.7 "On the other hand they may punish their own sub- "jects as pirates for a much wider range of acts. "Thus, for instance, according to the criminal law "of England, every British subject is inter alia, "deemed to be a pirate who gives aid or comfort "upon the sea to the King's enemies during a war, "or who transports slaves on the high seas. How- "ever, since a State cannot enforce its Municipal "Laws on the open sea against others than its on "subjects, it cannot treat foreigners on the open "seas as pirates unless they are pirates according "to the Law of Nations".
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