The Dogger Bank Case brief

The Dogger Bank Case (Hague; Great Britain v. Russia; 1905; p. 247)

• Russia shoots GB fishing trawlers and claims it thought they were torpedo boats.
• Chose admirals over lawyers for the arbitration b/c of the technical nature of the case.
  • More sympathetic to Russian situation.
  • More familiar w/ custom in law of sea at this time.
• Arbitration panel says that the Russian admirable-not justified in his actions.
• N. 3, p. 250: Intl inquiry commission a good then when people really mad over something small. Diplomacy here is reminiscent of the Hull Lothian deal.
• Why not use countermeasures here? (reprisal/retorsion—these are allowed in intl law). Econ consequences if UK was to retaliate.
• There is a problem w/ compliance—why some cases might not do arbitration.
• What wld have happened if Russia hadn’t paid the UK?
  • In 1905, no sanctions available (diff now b/c other measures—like attacking assets—freezing them for force compliance)
  • Probably not much cld be done.