Expenses and Costs.
§ 451. The general expenses of the International Prize Court are borne by the contracting Powers in proportion to their share in the composition of the Court as laid down in article 15 of Convention XII.; the appointment of deputy judges does not involve any contribution (article 47).
As regards costs, each party pays its own, but the party against whom the Court has given its decision, must bear the costs of the trial and, in addition, must pay one per cent. of the value of the subject matter of the case as a contribution to the general expenses of the International Prize Court. The amount of the payments must be fixed in the judgment of the Court (article 46, first and second paragraphs). If the appeal is brought by an individual, he must, after having entered the appeal, furnish the International Bureau with security to an amount fixed by the Court or—see article 48—by its delegation (article 46, third paragraph).
IV ACTION IN DAMAGES INSTEAD OF APPEAL
Scott in A.J. V. (1911), pp. 302-324.
Reason for Action in Damages instead of Appeal.
§ 452. According to the Constitution of the United States of America, and probably that of some other States, no appeal may be brought against a judgment of their Highest Courts. These States could not, therefore, ratify Convention XII. and take part in the establishment of the International Prize Court without previously having altered their Constitution. As such alteration would be a very complicated and precarious matter, the Naval Conference of London of 1908-9 included in the Final Protocol of the Conference the following vœu:—"The Delegates of the Powers represented at the Naval Conference and which have signed or have expressed their intention to sign the Hague Convention of October 18, 1907, concerning the establishment of an International Prize Court, considering the constitutional difficulties which, in certain States, stand in the way of the ratification of that Convention in its actual form, agree to call the attention of their Governments to the advantage of concluding an arrangement according to which the said States would, in depositing their ratifications, have the power to add thereto a reservation to the effect that the right of recourse to the International Prize Court in connection with decisions of their National Courts, shall take the form of a direct action for damages, provided, however, that the effect of this reservation shall not be such as to impair the rights guaranteed by the said Convention to private individuals as well as to Governments, and that the terms of the reservation shall form the subject of a subsequent understanding between the signatory Powers of the same Convention."
To carry out this recommendation, Great Britain, Germany, the United States of America, Argentina, Austria-Hungary, Chili, Denmark, Spain, France, Japan, Norway, Holland, and Sweden signed on September 19, 1910, at the Hague the "Additional Protocol to the Convention relative to the establishment of an International Prize Court" which comprises nine articles, is (article 8) considered to be an integral part of that Convention, and which will be ratified at the same time as the Convention, accession to the Convention being subordinated (article 9) to accession to the Protocol.[943]
[943] There is no doubt that, should the International Prize Court be established, all the contracting Powers of Convention XII. would accede to this additional protocol.
Procedure if Action for Damages is brought.