S.S. Wimbledon case
The case of the S.S. Wimbledon, Britain et al. v. Germany (1923) PCIJ Series A01, is a judgment of the Permanent Court of International Justice, rendered on 17 August 1923. The case primarily dealt with issues pertaining to attributes of sovereignty, treaty obligations qua internal law, and the jurisprudence related to international canals.
Background
A British steamship, the Wimbledon, was time-chartered by a French company, Les Affréteurs réunis, which was based in Paris. According to the terms of the charter, the vessel had taken on board at
The British, French, Italian and Japanese governments brought the action that was heard from 16 January 1923 to 17 August 1923.
The Court had these members:
- Bernard Loder, President
- André Weiss, Vice-president
- Robert Finlay, 1st Viscount Finlay
- Didrik Nyholm
- John Bassett Moore
- Antonio Sánchez de Bustamante y Sirven
- Rafael Altamira y Crevea
- Yorozu Oda
- Dionisio Anzilotti
- Max Huber
- Wang Ch'ung-hui (Deputy-Judge)
- Walther Schücking
The court considered Articles 380 to 386 of the Treaty of Versailles and Articles 2 and 7 of the Hague Convention of 1907 .
Decision
The court first had to consider Poland's application to intervene, which it allowed.[2]
It then considered the substantive issue in the case and found that Germany was perfectly free to regulate its neutrality in the war. However, it found that the canal had ceased to be an internal navigable waterway of Germany. Germany thus had a definite duty of allowing the passage of the Wimbledon through the Kiel Canal, and its
Judges Anzilotti, Huber and Schüking dissented.
References
- ^ Summaries of Judgments, Advisory Opinions and Orders of the Permanent Court of International Justice, S.S. Wimbledon
- ^ Permanent Court of International Justice, Case of the S.S. Wimbledon