(1) Intentional or culpably negligent breaking or damaging of a cable in the Open Sea is to be punished by all the signatory Powers,[585] except in the case of such damage having been caused in the effort of self-preservation (article 2).
[585] See the Submarine Telegraph Act, 1885 (48 & 49 Vict. c. 49).
(2) Ships within sight of buoys indicating cables which are being laid or which are damaged must keep at least a quarter of a nautical mile distant (article 6).
(3) For dealing with infractions of the interdictions and injunctions of the treaty the Courts of the flag State of the infringing vessel are exclusively competent (article 8).
(4) Men-of-war of all signatory Powers have a right to stop and to verify the nationality of merchantmen of all nations which are suspected of having infringed the regulations of the treaty (article 10).
(5) All stipulations are made for the time of peace only and in no wise restrict the action of belligerents during time of war.[586]
[586] See below, [vol. II. § 214], and art. 54 of the Hague rules concerning land warfare which enacts:—"Submarine cables connecting a territory occupied with a neutral territory shall not be seized or destroyed except in the case of absolute necessity. They also must be restored and indemnities for them regulated at the peace."
VIII WIRELESS TELEGRAPHY ON THE OPEN SEA
Bonfils, Nos. 53110, 11—Despagnet, 433quater—Liszt, § 29—Ullmann, § 147—Meili, "Die drahtlose Telegraphie, &c." (1908)—Schneeli, "Drahtlose Telegraphie und Völkerrecht" (1908)—Landsberg, "Die drahtlose Telegraphie" (1909)—Kausen, "Die drahtlose Telegraphie im Völkerrecht" (1910)—Rolland in R.G. XIII. (1906), pp. 58-92—Fauchille in Annuaire, XXI. (1906), pp. 76-87—Meurer and Boidin in R.G. XVI. (1909), pp. 76 and 261.
Radio-telegraphy between ships and the shore.