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164 Essentials of Database Management, First Edition
Chapter Overview
This chapter describes in detail what has become the standard query language for
relational database management systems, SQL. Although SQL is illustrated in this
chapter primarily through a current Oracle version (MySQL and Microsoft Access SQL
are also sometimes displayed), SQL is a widely used language that is available on all
classes of computers and with many different DBMSs.
This chapter introduces SQL and emphasizes the Data Definition Language
(DDL) and Data Manipulation Language (DML) commands. Single table queries are
covered in this chapter, and multiple-table queries are covered in Chapter 7.
Several chapters contain important prerequisite material for this chapter. Chapter
4 introduces the relational model and provides much of the background for this chapter
(including an introduction to the Data Definition Language commands). The discussion
in Chapter 5 on indexes is also important because choosing primary and secondary key
indexes is one of the few, but crucial, internal database design choices for users of
relational systems.
Chapter Objectives
Specific student learning objectives are included at the beginning of the chapter. From an
instructor’s point of view, the objectives of this chapter are to:
1. Explain SQL and show the basic operators so that the student can anticipate the
capabilities of particular SQL-based systems.
2. Provide a historical perspective of the development of SQL and its continuing
development. This perspective illustrates the benefits and risks of adopting a
standard query language.
3. Show that SQL, although a standard and a high-level language, does have some
flaws, and that SQL must evolve to include additional features.
4. Explain and illustrate the power of relational views for simplifying relational
database processing.
5. Illustrate data definition language (DDL) commands for creating tables and views
as well as modifying and dropping tables.
6. Provide examples of single table SQL queries.
7. Provide some examples of the use of functions within SQL queries.
8. Show how to establish referential integrity using SQL.
9. Illustrate the use of the group by and order by clauses.
Key Terms
Classroom Ideas
1. Depending on how you choose to sequence the chapters of this book, you may want
to begin lecturing on this chapter by reviewing normalization principles and
discussing why one might want to implement a fully normalized database. See the
section “Denormalization” in Chapter 5 for background on this topic. The point is to
emphasize the difference between logical and physical database designs.
All the SQL queries in this chapter can be found in a Microsoft Access database
available from the publisher; you can show in class how Access SQL varies from
standard SQL, and you can show variations on the queries from this chapter. In
addition, a set of 40 lab exercise queries is available on
www.teradatauniversitynetwork.com for use with the Pine Valley Furniture
Company case. Many of these lab exercises are included already in this text. These
queries are designed to work with a database that is close to, but not exactly, the data
model in Figure 2-21.
3. Because many SQL systems include other modules (report writers, business graphics
routines, screen painters, and so forth), this chapter can be expanded to discuss
fourth-generation languages and systems prototyping. Explain that most packages
include capabilities and development tools that are more than simply a relational
DBMS and query language. If your school has joined the Oracle Academy, it may be
possible to demonstrate additional tools such as SQL Developer and/or
Designer/2000. Additionally, Oracle provides universal and free access to its
Express Edition with a Java-based application development environment, which can
easily be used on individually-owned computers.
4. One interesting discussion item is the widespread and continued use of SQL in most
types of administrative systems, regardless of the system type and architecture. SQL
has been one of the most durable components of corporate computing architectures
during the past 20-30 years and it still does not show signs of aging.
6. The simplicity of SQL syntax leads some students to become overconfident of their
SQL prowess. It may help to develop some examples to demonstrate that logically
and syntactically correct SQL queries can be constructed that do not accomplish the
intended data manipulation and may be dangerously incorrect. For example, two
tables may be joined using common domains (for instance, positive integers) but
noncommon roles (for example, two tables can be joined on equal values of
quantity-on-hand of a product and number of employees in a department). Such
potential problems arise because the relational data model uses implicit relationships,
not explicit ones. Stress the importance of testing a query on a small, tractable set of
data before using it in a production environment.
7. The capabilities and benefits of views are not as obvious to students as you might
expect. First, many relational systems place limitations on operations that may be
performed on views (for example, no or restricted modification). Second, views are
not just the relational term for temporary table or for subschemas (from the network
model); rather, views provide a capability for simpler query writing for casual users.
Finally, views may have negative performance implications compared to temporary,
intermediate tables explicitly created by a prewritten procedure. These points should
be emphasized in lectures or assignments. Consider having students create both a
view and a temporary table (or materialized view) in SQL. In most SQL systems, a
temporary table can be created by the use of a SAVE or KEEP clause at the end of a
query, or one can use a CREATE TABLE command that has a query (rather than
column definitions) as its object. Then, the same query can be run and timed against
both the view and temporary tables. As another alternative, have students derive the
view table as part of the FROM clause of a query. One way to estimate the timing of
each approach, given small data sets, is to use the EXPLAIN command (or similar
command with your RDBMS) on each version of the query to show students how the
query would be processed using each approach.
4. Describe a relational DBMS (RDBMS), its underlying data model, data storage
structures, and manner of establishing data relationships:
a. A relational DBMS (or RDMBS) is a data management system that implements a
relational data model.
b. Data are stored in a collection of tables, and the data relationships are represented
by common values, not links.
c. The relational data model assumes that a table is a logical construct rather than a
physical construct, so a table need not correspond to a physical file of contiguous
records. The same data model may have many different possible physical
implementation structures. The storage of the database is dependent on both the
hardware and software environment. It is usually the concern of the system
administrator.
d. The power of the RDBMS is realized through relationships existing between
tables. These relationships are established by including a common column(s) in
each table where a relationship is needed.
8. Reasons to create a view using SQL and how a view can be used to reinforce data
security:
a. Views may simplify query commands, provide valuable data security, and
enhance programming productivity for a database.
b. Tables and columns that are not included in a view will not be obvious to the user
of the view. Restricting access to a view with GRANT and REVOKE statements
(security statements) adds a further layer of security. It should not be regarded as
the primary security layer.
11. Factors to be considered in deciding whether to create a key index for a table in SQL:
a. A key index on one column or a concatenation of columns enables rapid access
to the rows of a table in a sequence or randomly by key value.
b. Choosing to index primary and/or secondary keys may increase the speed of row
selection, table joining, and row ordering.
c. Dropping indexes will increase the speed of table updating.
13. Changing attribute order and column heading labels in a result table:
a. Attributes are displayed in columns in the sequence in which they are listed in the
SELECT list unless the SELECT list is *, in which case all attributes from the
referenced tables are displayed in the sequence in which they are defined.
b. Use AS to specify column heading labels, e.g., SELECT CUST. CustomerName
AS NAME will result in a column heading label NAME instead of
CustomerName.
14. COUNT, COUNT DISTINCT, and COUNT(*) in SQL and the results generated
when using these:
a. COUNT tallies only those rows that contain a value; it ignores all null values.
b. COUNT DISTINCT does not return a count on all values; it only tallies once if
more than one row has equal values.
c. COUNT (*) counts all rows regardless of whether any of the rows contain null
values.
d. If we never use NULL values, COUNT and COUNT(*) will return the same
results. If our table includes no duplicates in the considered attribute values,
COUNT and COUNT DISTINCT will have the same meaning.
15. Evaluation order for the Boolean operators (AND, OR, NOT) in an SQL command;
getting the operators to work in the order that you want:
a. If multiple Boolean operators are used in an SQL statement, NOT is evaluated
first, then AND, then OR.
b. With the use of parentheses around statements using standard mathematical
notation, a set of statements may be given a user-chosen specific order of
evaluation.
16. Limitations on attributes that can be selected when an SQL statement contains
GROUP BY:
Only those columns that have a single value for each group can be included.
17. HAVING clause usage: The HAVING clause is useful when you need to select results
based upon qualifications on an aggregation, such as a characteristic of a group. For
example, if we have a table with transactional sales data for salespeople, we may
want to sum up the total sales for a given period of time (an aggregate). We may then
want to produce a list of only salespeople who sold more than a certain amount, say
$1,000. This can be done using the HAVING clause.
18. IN operator usage: The IN operator is used in conjunction with the WHERE clause.
A set of valid selections for the IN operator within parentheses follows the operator
[e.g., IN (‘WA’, ‘CA’)]. The OR operator can be used to perform the same operation
as the IN operator. For example, if part of our WHERE clause is State IN (‘MA’,
‘NH’), this could be substituted with State = ‘MA’ OR State = ‘NH’.
or tables, for instance) with other sections (or sets) of table data that meet other
criteria (e.g., products having a standard price above $300). SQL will “grab” the data
that meets the criteria, hold it in a temporary work area(s), then using logical UNION
and INTERSECTION commands find the “result set” that meets all criteria specified
by the SQL statements. A set-oriented language, like SQL, is presented in contrast to
a record-oriented language (such as C, Java, and COBOL) that must process one
record/row of a table at a time.
20. LIKE keyword usage: CREATE TABLE LIKE is a quick way to clone a table.
21. Identity column definition and usage: The identity column creates a numeric
sequence. For example, if we create the following table:
CREATE TABLE Test1_T
(ID Smallint Identity(5,2),…)
Then the first record added to Test1_T table will have 5 as its value for the ID
column. Subsequent record IDs will be incremented by 2.
22. SQL clause processing order: In a SELECT statement, the processing of clauses
follows the order shown in Figure 6-9, and reproduced below:
UPDATE or INSERT commands against the View that would violate the criterion of
Price needing to be $300 or more would be rejected.
26. ALTER command usage: The ALTER command may be used to add new columns,
change existing columns (name, data type, length, constraints, and default values),
delete columns, add constraints, and delete constraints of a Table. The ALTER
command may not be used with Views, nor can the ALTER command change the
order of columns within a Table.
27. Usage of both WHERE and HAVING clauses? Yes, a query may use both the
WHERE and HAVING clauses. The WHERE clause would restrict which rows are
included for processing by the query. The HAVING clause (used in conjunction with
a GROUP BY clause) determines which summarized groups are included in the result
set.
Note to Instructor: The solutions that include SQL statements are not intended as the
definitive answer to the questions, but as possible solutions. Instructors and students will
approach the problems using different SQL capabilities, achieving results that are also
correct.
Solutions are presented with SQL syntax that should work in most Oracle installations
(unless noted otherwise; for example, some examples follow the MS Access syntax).
Solutions may need to be modified for a particular Oracle installation or if you are using
a different relational database management system (e.g., Teradata) to illustrate the use of
SQL commands. The solutions in this chapter and the following chapter use the naming
conventions for tables, relations, attributes/columns, and views as shown in the textbook
chapters, although Oracle SQL is not Upper/Lower case sensitive except when querying
metadata (e.g., table names).
1. Database descriptions:
Note: A particular SQL system may restrict the length of column names or may not
permit embedded spaces in names. The following answer may not be acceptable to
the SQL system you use; please modify the grammar accordingly.
2. Creating a view
CREATE VIEW Student_V AS
SELECT StudentID, StudentName
FROM Student_T;
6. SQL queries
a.
SELECT StudentID, StudentName
FROM Student_T
WHERE StudentID < 50000;
b.
SELECT FacultyName
FROM Faculty_T
WHERE FacultyID = 4756;
c.
SELECT MIN(SectionNo)
FROM Registration_T
WHERE Semester = 'I-2008';
7. SQL queries
a.
SELECT COUNT(*)
FROM Registration_T
WHERE SectionNo = 2714 AND Semester = 'I-2008 ';
b.
SELECT FacultyID,CourseID,DateQualified
FROM Qualified_T
WHERE DateQualified >= '01-JAN-1993';
8. SQL queries
a. We assume all the question wishes in the result set are the Student IDs. The
Database course is ISM 4212, which is Section 2714 in the Registration_T table,
and the Networking course is ISM 4930, which is Section 2715 in the
Registration_T table:
SELECT StudentID,COUNT(*)
FROM Registration_T
WHERE SectionNo IN (2714,2715)
GROUP BY StudentID
HAVING COUNT(*) > 1;
c. Using Chapter 6 SQL tools, a user could use two single table queries over the
SECTION table and then manually inspect the results to find the courses that are
taught in first semester but not in the second semester. This manual inspection
solution works moderately well when there are few rows in the tables. Another
possible manual solution is to list all the courses sorted by CourseID and
Semester from the SECTION table, and then manually inspect the entries to find
those with only first semester offerings. Again, this approach works moderately
well if there are few rows in the tables.
Using some Chapter 7 tools, the following query could be used to find the
requested information from the database:
9. SQL queries
a.
SELECT DISTINCT CourseID
FROM Section_T;
b.
SELECT StudentName
FROM Student_T
ORDER BY StudentName;
c.
SELECT SectionNo,Semester,StudentID
FROM Registration_T
WHERE Semester = 'I-2008'
ORDER BY SectionNo,Semester,StudentID;
d.
SELECT CourseID,CourseName
FROM Course_T
ORDER BY CourseID;
11. Query: What are TutorIDs for tutors who have not yet tutored anyone?
Using Chapter 6 tools, a user could formulate two single table queries over the
database and then manually inspect the query results to find the required
information. For instance, a query over the TUTOR table will provide TutorIDs
of all Tutors and a query of DISTINCT TutorIDs from the MATCH_HISTORY
table will provide a listing of all currently matched Tutors. By manual inspection
of these two query result lists, one can find the “missing” TutorIDs from the
MATCH_HISTORY table. For a database such as this one, with a small number
of rows, a user could still find the information easily. As tables grow in size, such
a multiple step manual inspection process becomes less feasible as a practical
matter.
Using Chapter 7 tools, the following query could be used to get the information:
SELECT TutorID
FROM Tutor
WHERE TutorID NOT IN (
SELECT TutorID
FROM MATCH_HISTORY);
12. Query: How many students are matched with someone in first five months of
year?
SELECT COUNT(StudentID)
FROM Match_History
WHERE StartDate BETWEEN '01-JAN-2008' AND
'31-MAY-2008';
Note to Instructor: For #14 and #15, be sure the student realizes that a null value in
EndDate means that a student is still studying in the program and should be included in
the calculation. This is a good opportunity for the student to discover that a calculated
field can be quite useful where null values can be expected. You may want to emphasize
that this query will not update the base table and these null values will remain until a
student leaves the program.
14. This answer is shown in MS ACCESS SQL and uses the NZ function, which is
not covered in the text, to deal with the null dates. If no date is entered as an end
date in the dialog box, today’s date is inserted automatically for null values. As
the NZ function is used here, it will return the number of days the student has
studied into the calculated field.
Query: How long had each student studied in the adult literacy program?
SELECT StudentID, StartDate, EndDate,
DateDiff(‘d’,[StartDate],NZ([EndDate], NZ
[Enter date for blank records], Date()))) AS
TotalDays
FROM Match_History;
15. Query: What is the average length of time a student stayed (or has stayed) in the
program?
This query needs to use the TotalDays information calculated in #14, but as the
average function aggregates all rows, a two-step query will be needed to complete
the problem. This problem also demonstrates using a query as the base for another
query rather than working from a base table.
SELECT DateDiff(‘d’,[StartDate],NZ([EndDate], NZ
[Enter date for blank records], Date()))) AS
TotalDays
FROM Match_History;
b. Query:
SELECT AVG(TotalDays) AS [AverageTime]
FROM CH6P15_FirstQuery;
Note to instructor: Problems and Exercises 16 – 43 are based on the extended version of
the Pine Valley Furniture Company database. (BigPVFC.mdb is the MS Access file
version of this database; this is also available on Teradata student resources.) Please note
that this version of the database has a different structure than that in the textbook version
of the database (e.g., the salesperson information is in the extended version but not in the
textbook version). Some of the field names may also have changed due to the reserved
words of the DBMS in the version you are using. When you first use the database, check
the table definitions to see what the exact field names and table structures are for the
DBMS that you are using.
17. Enter sample data: Students should answer this exercise using a series of
UPDATE commands to SET values for this new field in each existing row of the
Product_T table. If using Oracle and the CHECK option, students should receive
error messages if they attempt to enter negative values for QtyOnHand values.
18. Add Order to Order_T table: Students should answer this exercise using INSERT
commands to enter new rows into the Order_T and OrderLine_T tables.
19. PVFC queries: Although the data in this table is sparsely populated and the
answers to these questions can be found by simple inspection of the table values,
encourage the students to write SQL to derive the results:
a. SELECT COUNT(*)
FROM WorkCenter_T;
b. SELECT WorkCenterLocation
FROM WorkCenter_T;
Query:
SELECT EmployeeID,EmployeeName
FROM Employee_T
WHERE EmployeeName LIKE 'L%';
Query:
SELECT EmployeeName
FROM Employee_T
WHERE EmployeeDateHired BETWEEN '01-JAN-1999'
AND '31-DEC-1999';
22. Customers who live in California or Washington, ordered by descending zip code:
Query:
SELECT CustomerID, CustomerName
FROM Customer_T
WHERE CustomerState IN ('WA', 'CA')
ORDER BY CustomerPostalCode DESC;
OR
Query:
SELECT MaterialID, MaterialName
FROM RawMaterial_T
WHERE Material = 'Cherry' AND
Thickness ='12' AND
Width = '12';
24. Material ID, name, material, standard cost, and thickness for raw materials made
of cherry, pine, or walnut. Order the list by material, standard cost, and
thickness:
Note: The query shown here is an Oracle query. If using MS-Access, simply
replace the single quotes with double quotes. Also, an alternative solution is to
use the OR operator rather than the IN operator, as in Problem & Exercise 22
above.
Query:
SELECT MaterialID,
MaterialName, Material,
MaterialStandardPrice, Thickness
FROM RawMaterial_T
25. Display the product line ID and the average standard price for all products in
each product line:
Query:
SELECT ProductLineID, AVG(ProductStandardPrice)
FROM Product_T
GROUP BY ProductLineID;
26. For every product that has been ordered, display the product ID and the total
quantity ordered (label this result TotalOrdered). List the most popular product
first and the least popular last:
Query:
SELECT ProductID,
SUM(OrderedQuantity) AS TotalOrdered
FROM OrderLine_T
GROUP BY ProductID
ORDER BY SUM(OrderedQuantity) DESC;
Query:
SELECT CustomerID,
COUNT(OrderID) AS TotOrders
FROM Order_T
GROUP BY CustomerID;
Query:
SELECT DISTINCT SalespersonID,
CustomerID
FROM Order_T
ORDER BY SalespersonID;
29. Display the product ID and the number of orders placed for each product. Show
the results in decreasing order, and label result column NumOrders:
Query:
SELECT ProductID,
COUNT(ProductID) AS NumOrders
FROM OrderLine_T
GROUP BY ProductID
ORDER BY COUNT(ProductID) DESC;
32. Customer ID and total orders placed if more than two orders were placed:
Query:
SELECT CustomerID,
COUNT(OrderID) as TotOrders
FROM Order_T
GROUP BY CustomerID
HAVING COUNT(OrderID) > 2;
33. All sales territories that have more than one salesman: (Note: We also show the
number of salespeople for each territory.)
Query:
SELECT TerritoryID,
COUNT(SalespersonName)
AS NumSalesPeople
FROM Salesperson_T
GROUP BY TerritoryID
HAVING COUNT(SalespersonName) > 1;
Query:
SELECT ProductID,
COUNT(*) AS NumOrders
FROM OrderLine_T
GROUP BY ProductID
ORDER by COUNT(*) DESC;
Query:
SELECT TOP 1 ProductID,
COUNT(*) AS NumOrders
FROM OrderLine_T
GROUP BY ProductID;
35. For every territory having more than one salesman, display TerritoryID and the
number of salespersons in the territory:
Query:
SELECT SalesTerritoryID,
COUNT(*) AS NumSalesPersons
FROM Salesperson_T
GROUP BY SalesTerritoryID
HAVING COUNT(*) > 1;
Query:
SELECT SalespersonID, COUNT(*)
FROM Order_T
WHERE SalespersonID NOT IN (3, 5, 9)
GROUP BY SalespersonID;
37. Each salesperson’s number of orders placed for each month of 2010.
The solution is shown here in both MS-Access and Oracle:
MS-Access
SELECT SalespersonID, month(OrderDate) AS Month,
COUNT(OrderID) as TotalOrders
FROM Order_t
WHERE OrderDate BETWEEN #01/01/2010# and #12/31/2010#
GROUP BY SalespersonID, month(OrderDate)
ORDER BY SalespersonID,month(OrderDate);
Oracle
SELECT SalespersonID,
TO_CHAR(OrderDate, 'MON') AS Month,
COUNT(OrderID) AS TotalOrders
II
ATTACK AND SEIZURE OF ENEMY VESSELS
Seizure.
§ 184. Seizure is effected by securing possession of the vessel
through the captor sending an officer and some of his own crew on
board the captured vessel. But if for any reason this is impracticable,
the captor orders the captured vessel to lower her flag and to steer
according to his orders.
Effect of Seizure.
§ 185. The effect of seizure is different with regard to private
enemy vessels, on the one hand, and, on the other, to public
vessels.
Seizure of private enemy vessels may be described as a parallel to
occupation of enemy territory in land warfare. Since the vessel and
the individuals and goods thereon are actually placed under the
captor's authority, her officers and crew, and any private individuals
on board, are for the time being submitted to the discipline of the
captor, just as private individuals on occupied enemy territory are
submitted to the authority of the occupant.[363] Seizure of private
enemy vessels does not, however, vest the property finally in the
hands of the belligerent[364] whose forces effected the capture. The
prize has to be brought before a Prize Court, and it is the latter's
confirmation of the capture through adjudication of the prize which
makes the appropriation by the capturing belligerent final.[365]
[363] Concerning the ultimate fate of the crew, see above, § 85.
[364] It is asserted that a captured enemy merchantman may at once be converted by
the captor into a man-of-war, but the cases of the Ceylon (1811) and the Georgina
(1814), 1 Dodson 105 and 397, which are quoted in favour of such a practice, are not
decisive. See Higgins, War and the Private Citizen (1912), pp. 138-142.
[365] See below, § 192.
Vessels in Distress.
§ 189. Instances have occurred when enemy vessels which were
forced by stress of weather to seek refuge in a belligerent's harbour
were granted exemption from seizure.[376] Thus, when in 1746,
during war with Spain, the Elisabeth, a British man-of-war, was
forced to take refuge in the port of Havanna, she was not seized, but
was offered facility for repairing damages, and furnished with a safe-
conduct as far as the Bermudas. Thus, further, when in 1799, during
war with France, the Diana, a Prussian merchantman, was forced to
take refuge in the port of Dunkirk and seized, she was restored by
the French Prize Court. But these and other cases have not created
any rule of International Law whereby immunity from attack and
seizure is granted to vessels in distress, and no such rule is likely to
grow up, especially not as regards men-of-war and such
merchantmen as are easily convertible into cruisers.
[376] See Ortolan, II. pp. 286-291; Kleen, II. § 210, pp. 492-494.
III
APPROPRIATION AND DESTRUCTION OF ENEMY MERCHANTMEN
Prize Courts.
§ 192. It has already been stated above, in § 185, that the
capture of a private enemy vessel has to be confirmed by a Prize
Court, and that it is only through the latter's adjudication that the
vessel becomes finally appropriated. The origin[379] of Prize Courts is
to be traced back to the end of the Middle Ages. During the Middle
Ages, after the Roman Empire had broken up, a state of lawlessness
established itself on the High Seas. Piratical vessels of the Danes
covered the North Sea and the Baltic, and navigation of the
Mediterranean Sea was threatened by Greek and Saracen pirates.
Merchantmen, therefore, associated themselves for mutual
protection and sailed as a merchant fleet under a specially elected
chief, the so-called Admiral. They also occasionally sent out a fleet of
armed vessels for the purpose of sweeping pirates from certain parts
of the High Seas. Piratical vessels and goods which were captured
were divided among the captors according to a decision of their
Admiral. During the thirteenth century the maritime States of Europe
themselves endeavoured to keep order on the Open Sea. By-and-by
armed vessels were obliged to be furnished with Letters Patent or
Letters of Marque from the Sovereign of a maritime State and their
captures submitted to the official control of such State as had
furnished them with their Letters. A board, called the Admiralty, was
instituted by maritime States, and officers of that Board of Admiralty
exercised control over the armed vessels and their captures,
inquiring in each case[380] into the legitimation of the captor and the
nationality of the captured vessel and her goods. And after modern
International Law had grown up, it was a recognised customary rule
that in time of war the Admiralty of maritime belligerents should be
obliged to institute a Court[381] or Courts whenever a prize was
captured by public vessels or privateers in order to decide whether
the capture was lawful or not. These Courts were called Prize Courts.
This institution has come down to our times, and nowadays all
maritime States either constitute permanent Prize Courts, or appoint
them specially in each case of an outbreak of war. The whole
institution is essentially one in the interest of neutrals, since
belligerents want to be guarded by a decision of a Court against
claims of neutral States regarding alleged unjustified capture of
neutral vessels and goods. The capture of any private vessel,
whether prima facie belonging to an enemy or a neutral, must,
therefore, be submitted to a Prize Court. Article 1 of Convention XII.
(as yet unratified) of the Second Peace Conference now expressly
enacts the old customary rule that "the validity of the capture of a
merchantman or its cargo, when neutral or enemy property is
involved, is decided before a Prize Court." It must, however, be
emphasised that the ordinary Prize-Courts are not International
Courts, but National Courts instituted by Municipal Law, and that the
law they administer is Municipal Law,[382] based on custom, statutes,
or special regulations of their State. Every State is, however, bound
by International Law to enact only such statutes and regulations[383]
for its Prize Courts as are in conformity with International Law. A
State may, therefore, instead of making special regulations, directly
order its Prize Courts to apply the rules of International Law, and it
is understood that, when no statutes are enacted or regulations are
given, Prize Courts have to apply International Law. Prize Courts
may be instituted by belligerents in any part of their territory or the
territories of allies, but not on neutral territory. It would nowadays
constitute a breach of neutrality on the part of a neutral State to
allow the institution on its territory of a Prize Court.[384]
[379] I follow the excellent summary of the facts given by Twiss, II. §§ 74-75, but
Marsden's articles in The English Historical Review, XXIV. (1909), p. 675, XXV. (1910), p.
243, XXVI. (1911), p. 34, must likewise be referred to.
[380] The first case that is mentioned as having led to judicial proceedings before the
Admiral in England dates from 1357; see Marsden, loc. cit. XXIV. (1909), p. 680.
[381] In England an Order in Council, dated July 20, 1589, first provided that all captures
should be submitted to the High Court of Admiralty; see Marsden, loc. cit. XXIV. (1909),
p. 690.
[382] See below, § 434.
[383] The constitution and procedure of Prize Courts in Great Britain are governed by the
Naval Prize Act, 1864 (27 and 28 Vict. ch. 25), and the Prize Courts Act, 1894 (57 and 58
Vict. ch. 39). The Naval Prize Bill introduced by the British Government in 1911, although
accepted by the House of Commons, was thrown out by the House of Lords.—It should
be mentioned that the Institute of International Law has in various meetings occupied
itself with the whole matter of capture, and adopted a body of rules in the Règlement
international des Prises Maritimes, which represent a code of Prize Law; see Annuaire,
IX. pp. 218-243, but also XVI. pp. 44 and 311.
[384]See below, § 327, and article 4 of Convention XIII. of the Second Peace
Conference.
Whereas the ordinary Prize Courts are national courts, Convention
XII.—as yet unratified—of the Second Peace Conference, provides
for the establishment of an International[385] Prize Court at the
Hague, which, in certain matters, is to serve as a Court of Appeal in
prize cases. In these cases jurisdiction in matters of prize is
exercised, in the first instance, by the Prize Courts of belligerents
(article 2), but, according to article 6, the national Prize Courts may
not deal with any case in which there is a second appeal; since such
cases necessarily come before the International Prize Court at the
second appeal. This means that belligerents, besides Prize Courts of
the first instance, may set up a Prize Court of Appeal, but they may
not set up a second Court of Appeal above the first, except in cases
in which the International Prize Court has no jurisdiction.
[385] See above, vol. I. § 476a, and below, §§ 442-447.
It must be specially observed that the proposed International Prize
Court—see articles 3 and 4—is, in the main, a Court to decide
between belligerents and neutrals, and not between two
belligerents.
Destruction of Prize.
§ 194. Since through adjudication by the Prize Courts the
ownership of captured private enemy vessels becomes finally
transferred to the belligerent whose forces made the capture, it is
evident that after transfer the captured vessel as well as her cargo
may be destroyed. On the other hand, it is likewise evident that,
since a verdict of a Prize Court is necessary before the appropriation
of the prize becomes final, a captured merchantman must not as a
rule be destroyed instead of being conducted to the port of a Prize
Court. There are, however, exceptions to the rule, but no unanimity
exists in theory or practice as regards those exceptions. Whereas
some[387] consider the destruction of a prize allowable only in case of
imperative necessity, others[388] allow it in nearly every case of
convenience. Thus, the Government of the United States of America,
on the outbreak of war with England in 1812, instructed the
commanders of her vessels to destroy at once all captures, the very
valuable excepted, because a single cruiser, however successful,
could man a few prizes only, but by destroying each capture would
be able to continue capturing, and thereby constantly diminish the
enemy merchant fleet.[389] During the Civil War in America the
cruisers of the Southern Confederated States destroyed all enemy
prizes because there was no port open for them to bring prizes to.
And during the Russo-Japanese War, Russian cruisers destroyed
twenty-one captured Japanese merchantmen.[390] According to
British practice,[391] the captor is allowed to destroy the prize in only
two cases—namely, first, when the prize is in such a condition as
prevents her from being sent to any port of adjudication; and,
secondly, when the capturing vessel is unable to spare a prize crew
to navigate the prize into such a port. The Règlement international
des prises maritimes of the Institute of International Law
enumerates in § 50 five cases in which destruction of the capture is
allowed—namely (1) when the condition of the vessel and the
weather make it impossible to keep the prize afloat; (2) when the
vessel navigates so slowly that she cannot follow the captor and is
therefore exposed to an easy recapture by the enemy; (3) when the
approach of a superior enemy force creates the fear that the prize
might be recaptured by the enemy; (4) when the captor cannot
spare a prize crew; (5) when the port of adjudication to which the
prize might be taken is too far from the spot where the capture was
made. Be that as it may,[392] in every case of destruction of the
vessel the captor must remove crew, ship papers, and, if possible,
the cargo, before the destruction of the prize, and must afterwards
send crew, papers, and cargo to a port of a Prize Court for the
purpose of satisfying the latter that both the capture and the
destruction were lawful.
[387] See, for instance, Bluntschli, § 672.
[388] See, for instance, Martens, § 126, who moreover makes no difference between the
prize being an enemy or a neutral ship.
[389] U.S. Naval War Code (article 14) allows the destruction "in case of military or other
necessity."
[390]See Takahashi, pp. 284-310.
[391]The Actaeon (1815), 2 Dod. 48; the Felicity (1819), 2 Dod. 381; the Leucade
(1855), Spinks, 217. See also Holland, Prize Law, §§ 303-304.
[392]The whole matter is thoroughly discussed by Boeck, Nos. 268-285; Dupuis, Nos.
262-268; and Calvo, V. §§ 3028-3034. As regards destruction of a neutral prize, see
below, § 431.
But if destruction of a captured enemy merchantman can as an
exception be lawful, the question as to indemnities to be paid to the
neutral owners of goods carried by the destroyed vessel requires
attention. It seems to be obvious that, if the destruction of the
vessel herself was lawful, and if it was not possible to remove her
cargo, no indemnities need be paid. An illustrative case happened
during the Franco-German War. On October 21, 1870, the French
cruiser Dessaix seized two German merchantmen, the Ludwig and
the Vorwärts, but burned them because she could not spare a prize
crew to navigate the prizes into a French port. The neutral owners of
part of the cargo claimed indemnities, but the French Conseil d'État
refused to grant indemnities on the ground that the action of the
captor was lawful.[393]
[393]See Boeck, No. 146; Barboux, p. 153; Calvo, V. § 3033; Dupuis, No. 262; Hall, §
269. Should the International Prize Court at the Hague be established, article 3 of
Convention XII. of the Second Peace Conference would enable the owners of neutral
goods destroyed with the destroyed enemy merchantmen that carried them to bring the
question as to whether they may claim damages before this Court.
Ransom of Prize.
§ 195. Although prizes have as a rule to be brought before a Prize
Court, International Law nevertheless does not forbid the ransoming
of the captured vessel either directly after the capture or after she
has been conducted to the port of a Prize Court, but before the
Court has given its verdict. However, the practice of accepting and
paying ransom, which grew up in the seventeenth century, is in
many countries now prohibited by Municipal Law. Thus, for instance,
Great Britain by section 45 of the Naval Prize Act, 1864, prohibits
ransoming except in such cases as may be specially provided for by
an Order of the King in Council.[394] Where ransom is accepted, a
contract of ransom is entered into by the captor and the master of
the captured vessel; the latter gives a so-called ransom bill to the
former, in which he promises the amount of the ransom. He is given
a copy of the ransom bill for the purpose of a safe-conduct to
protect his vessel from again being captured, under the condition
that he keeps the course to such port as is agreed upon in the
ransom bill. To secure the payment of ransom, an officer of the
captured vessel can be detained as hostage, otherwise the whole of
the crew is to be liberated with the vessel, ransom being an
equivalent for both the restoration of the prize and the release of her
crew from captivity. So long as the ransom bill is not paid, the
hostage can be kept in captivity. But it is exclusively a matter for the
Municipal Law of the State concerned to determine whether or no
the captor can sue upon the ransom bill, if the ransom is not
voluntarily paid.[395] Should the capturing vessel, with the hostage or
the ransom bill on board, be captured herself and thus become a
prize of the enemy, the hostage is liberated, the ransom bill loses its
effect, and need not be paid.[396]
[394] Article 40 of the Naval Prize Bill of 1911 runs as follows:—
(1) His Majesty in Council may, in relation to any war, make such orders as may seem
expedient according to circumstances for prohibiting or allowing, wholly or in certain
cases or subject to any conditions or regulations or otherwise as may from time to time
seem meet, the ransoming or the entering into any contract or agreement for the
ransoming of any ship or goods belonging to any of His Majesty's subjects, and taken as
prize by any of His Majesty's enemies.
(2) Any contract or agreement entered into, and any bill, bond, or other security given
for ransom of any ship or goods, shall be under the exclusive jurisdiction of the High
Court as a Prize Court (subject to appeal to the Supreme Prize Court) and if entered into
or given in contravention to any such Order in Council shall be deemed to have been
entered into or given for an illegal consideration.
(3) If any person ransoms or enters into any contract or agreement for ransoming any
ship or goods, in contravention of any such Order in Council, he shall for every such
offence be liable to be proceeded against in the High Court at the suit of His Majesty in
his office of Admiralty, and on conviction to be fined, in the discretion of the Court, any
sum not exceeding five hundred pounds.
[395] See Hall, § 151, p. 479:—"The English Courts refuse to accept such arrangements
(for ransom) from the effect of the rule that the character of an alien enemy carries with
it a disability to sue, and compel payment of the debt indirectly through an action
brought by the imprisoned hostage for the recovery of his freedom." The American
Courts, in contradistinction to the British, recognise ransom bills. See on the one hand,
the case of Cornu v. Blackburne (1781), 2 Douglas, 640, Anthon v. Fisher (1782), 2
Douglas, 649 note, the Hoop, 1 C. Rob. 201; and, on the other, Goodrich and De Forest
v. Gordon (1818), 15 Johnson, 6.
[396] The matter of ransom is treated with great lucidity by Twiss, II. §§ 180-183; Boeck,
Nos. 257-267; Dupuis, Nos. 269-277.
Fate of Prize.
§ 197. Through being captured and afterwards condemned by a
Prize Court, a captured enemy vessel and captured enemy goods
become the property of the belligerent whose forces made the
capture. What becomes of the prize after the condemnation is not
for International, but for Municipal Law to determine. A belligerent
can hand the prize over to the officers and crew who made the
capture, or can keep her altogether for himself, or can give a share
to those who made the capture. As a rule, prizes are sold after they
are condemned, and the whole or a part of the net proceeds is
distributed among the officers and crew who made the capture. For
Great Britain this distribution is regulated by the "Royal Proclamation
as to Distribution of Prize Money" of August 3, 1886.[399] There is no
doubt whatever that, if a neutral subject buys a captured ship after
her condemnation, she may not be attacked and captured by the
belligerent to whose subject she formerly belonged, although, if she
is bought by an enemy subject and afterwards captured, she might
be restored[400] to her former owner.
[399] See Holland, Prize Law, pp. 142-150.
[400] See above, § 196.
Vessels belonging to Subjects of Neutral States, but sailing under Enemy Flag.
§ 198. It has been already stated above in § 89 that merchantmen
owned by subjects of neutral States but sailing under enemy flag are
vested with enemy character. It is, therefore, evident that they may
be captured and condemned. As at present no non-littoral State has
a maritime flag, vessels belonging to subjects of such States are
forced to navigate under the flag of another State,[401] and they are,
therefore, in case of war exposed to capture.
[401] See above, vol. I. § 261.
IV
VIOLENCE AGAINST ENEMY PERSONS
See the literature quoted above at the commencement of § 107. See also Bonfils,
Nos. 1273-12733
All combatants, and also all officers and members of the crews of
captured merchantmen, could formerly[406] be made prisoners of war.
According to articles 5 to 7 of Convention XI. of the Second Peace
Conference—see above in § 85—such members of the crews as are
subjects of neutral States may never be made prisoners of war; but
the captain, officers, and members of the crews who are enemy
subjects, and, further, the captain and officers who are subjects of
neutral States may be made prisoners of war in case they refuse to
be released on parole. As soon as such prisoners are landed, their
treatment falls under articles 4-20 of the Hague Regulations; but as
long as they are on board, the old customary rule of International
Law, that prisoners must be treated humanely,[407] and not like
convicts, must be complied with. The Hague Convention for the
adaptation of the Geneva Convention to sea warfare enacts,
however, some particular rules concerning the shipwrecked, the
wounded, and the sick who, through falling into the hands of the
enemy, become prisoners of war.[408]
[406] This was almost generally recognised, but was refused recognition by Count
Bismarck during the Franco-German War (see below, § 249) and by some German
publicists, as, for instance, Lueder in Holtzendorff, IV. p. 479, note 6.
[407] See Holland, Prize Law, § 249, and U.S. Naval War Code, articles 10, 11.
[408] See below, § 205.