The Paquete Habana And The Lola Case - (1900) 175 U.S.677]

- Lawz Bureau

This case is relevant for the understanding of the ‘sources of international law’, particularly “ancient custom” as followed by the civilized nations, and it also throws light on the effects of recognition of a State by another or more member(s) of the international comity of nations. This may be de facto or de jure recognition, whether  a normal case of recognition on the emergence of a new State or the case of insurgents having successfully rebelled against the parent State and exercising full authority over a given territory under their possession and observing principles or rules of international law and fulfilling all the obligations thereunder. The case illustrates the point that the acts of a recognized State are considered to be acts of a sovereign, independent State, and therefore no national is entitled to sue such a State in any court of law; the simple reason being that no sovereign is subject to the jurisdiction of the Courts of another sovereign. This is the ancient custom which has been recognized by all civilized nations and the decision in this case was in fact founded and grounded on the principle of custom which exists as to the immunity of a sovereign before the judicial forums of another sovereign.