Summary

Berizzi Bros Company v. The Pesaro…

After discussing the statute of a sovereign, his ministers and his troops when they or any of them enter the territory of another sovereign, he proceeded (page 141) :
'If there be no treaty applicable to the case, and the sovereign, from motives deemed adequate by himself, permits his ports to remain open to the public ships of foreign friendly powers, the conclusion seems irresistable, that they may enter by his assent. And if they enter by his assent necessarily implied, no just reason is perceived by the court for distinguishing their case from that of vessels which enter by express assent.
Source: Wikisource

Berizzi Bros Company v. The Pesaro…

We think the principles are applicable alike to all ships held and used by a government for a public purpose, and that when, for the purpose of advancing the trade of its people or providing revenue for its treasury, a government acquires, mans, and operates ships in the carrying trade, they are public ships in the same sense that war ships are.
Source: Wikisource

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