The Paquete Habana

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Paquete Habana v. United States

Argued November 7 – 8, 1899
Decided January 8, 1900


Full case name:	Paquete Habana.; The Lola.

Citations:	175 U.S. 677; 20 S. Ct. 290; 44 L. Ed. 320; 1900 U.S. LEXIS 1714

Prior history:	Appeals From the District Court of the United States for the Southern District of Florida

Subsequent history:	None

Holding

Federal courts could look to customary international law because it is an integrated part of American law

Court membership

Chief Justice: Melville Fuller
Associate Justices: John Marshall Harlan, Horace Gray, David Josiah Brewer, Henry Billings Brown, George Shiras, Jr., Edward Douglass White, Rufus Wheeler Peckham, Joseph McKenna

Case opinions

Majority by: Gray
Dissent by: Fuller
Joined by: Harlan, Mckenna

Paquete Habana.; The Lola, 175 U.S. 677 (1900), was a landmark United States Supreme Court case that reversed an earlier court decision allowing the capture of fishing vessels under Prize (law). Its importance rests on the fact that it integrated Customary international law with American law, perhaps the quintessential position of those who hold a monist perspective of international law.

1 Background of the case
2 The Court's decision
- 2.1 Fuller's dissent
3 Subsequent developments
4 References

[edit] Background of the case

In April of 1898 two fishing vessels, the Paquete Habana, and the Lola separately left Cuban ports in Havana in order to fish. The two vessels were eventually captured by US Naval vessels, placed within Cuba's territorial waters at the onset of the Spanish-American War. The vessels were taken to Key West, were a "libel for the condemnation of each vessel and her cargo" was filed, eventually resulting in the auction of the two vessels.*