The Paquete Habana [1900]
175 U.S. 677 · Supreme Court of the United States · United States
Issue
Whether fishing vessels engaged in coastal fishing are exempt from capture as prize of war under international law, and whether U.S. courts must take judicial notice of that law.
Held
Customary international law exempts coastal fishing vessels from capture; U.S. courts are bound to apply international law as part of the law of the land.
Exam use
Summary
Whether fishing vessels engaged in coastal fishing are exempt from capture as prize of war under international law, and whether U.S. courts must take judicial notice of that law.
Facts
Issue
Whether fishing vessels engaged in coastal fishing are exempt from capture as prize of war under international law, and whether U.S. courts must take judicial notice of that law.
Held
Customary international law exempts coastal fishing vessels from capture; U.S. courts are bound to apply international law as part of the law of the land.
Ratio Decidendi
Customary international law is part of U.S. law, and courts must take judicial notice of it; it prohibits the capture of unarmed fishing vessels serving the sustenance of the population.
Reasoning
Essay-Ready Explanation Generator
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Reference to The Paquete Habana (175 U.S. 677) strengthens a Transnational Law answer because the case reflects the principle that Customary international law is part of U.S. law, and courts must take judicial notice of it; it prohibits the capture of unarmed fishing vessels serving the sustenance of the population. Applied to a problem question, the case should be used after identifying the issue as Whether fishing vessels engaged in coastal fishing are exempt from capture as prize of war under international law, and whether U.S. courts must take judicial notice of that law. The stronger essay move is to connect the material facts to the court's holding, then explain whether the present facts support the same conclusion or justify distinguishing the authority.
Underlying Concepts
- transnational-law
- Transnational Law
- Customary international law; prize law; immunity of fishing vessels
- case authority
- exam application
Significance
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Revision Checklist
- Name the issue before discussing facts so the marker sees the legal question immediately.
- State the holding in one sentence, then use the ratio to explain why the court reached that result.
- Use the citation and jurisdiction to show why this authority matters for the problem you are answering.
- Pair this case with one supporting or contrasting authority if the question tests limits, policy, or exceptions.