The Vauclin (Cie Générale Transatlantique v Pacce)

• Jurisdiction: Argelia
• Date: 09 December 1931
• Court: Court of Appeal of Algiers (Algeria)
• Docket Number: 58

Algeria, Court of Appeal of Algiers.

Case No. 58

The Vauclin.

(Cie. Générale Transatlantique

and

Pacce.)

Territorial Waters — Nature of — Whether Part of State Territory.

The Facts.—This was a claim for salvage money on account of assistance rendered to the SS. Vauclin, belonging to the Cie. Générale Transatlantique, in the territorial waters of Algeria, off the port of Philippville. The action was brought before the Court of that place. The defendant Company maintained that the Court was not competent. The Court agreed with the defendants. On appeal,

Held: that the Court of Philippville was not competent and that the Company could only be sued before the Court of its domicile. The Court of Appeal said: “Territorial waters are subject to the measures of police and safety of the State (pouvoir de police et de sûreté de l'Etat), but they are not part of...