THE INTERNATIONAL ECONOMIC LAW OF BELLIGERNT OCCUPATIONPDF电子书下载

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CHAPTER Ⅰ.-GENERAL OBSERVATIONS 3

Limitations of This Study 3

The Place of Belligerent Occupation in the System of International Law 4

Legal Sources for the Law of Belligerent Occupation 5

Other Phases and Kinds of Occupation 6

Legal Relationships Affected by Belligerent Occupation 8

Economic Interests and the International Economic Law of Belligerent Occupation 9

The Nineteenth Century Background of Section III of the Hague Regulations 10

The Doctrine of Precariousness 11

The Doctrine Rousseau-Portales and the Doctrine of Vested Rights 12

The Inadequate Treatment of Other Economic Interests 12

The Inadequate Protection against Wars of Extermination 13

Schools of Interpretation 15

The Relevance of Recent Changes in Conditions and Thoughts 17

The International Economic Law of Belligerent Occupation under the Impact of State Socialism and Total Warfare 21

The Present Condition of the International Economic Law of Occupation 24

Problems of Future Development and Reform 26

CHAPTER Ⅱ.-TREATMENT OF PROPERTY 30

Property of Inhabitants 30

Pillage 30

Requisitions 32

Seizures 39

Contributions 41

Forced Loans 46

Forced Sales 46

Collective Fines 47

Taxation 48

Expropriation 50

Confiscation 51

Public Property 51

Public Chattels 52

Public Land 55

Cultural Property 56

Property of Municipalities 57

Property of Mixed Public and Private Character 57

Determination of Status by Ownership 58

Determination of Public or Private Character by Other Tests 60

CHAPTER Ⅲ.-PUBLIC FINANCE 62

Public Debts 62

Debts Owed to the Occupied State 63

Debts Owed by the Occupied State 67

Debts Contracted by the Occupant 69

Money and Currency 70

Use of the Existing Currency 71

Use of the Occupant's Currency 76

Introduction of New Regional Currencies 80

Valuation and Exchange Problems 81

Revenue and Expenditure 83

Tax Revenue 83

Customs 83

Expenditure 84

CHAPTER Ⅳ.-REGULATION AND ORGANIZATION 86

Lawmaking and Regulation 86

Scope 86

Limitations 87

Respect for Laws in Force 89

Respect for Fundamental Institutions 89

Respect for Allegiance 90

Respect for Property 92

Respect for Purely Private Relationships 92

Treatment of Organizations 93

Differentiation between Public and Private Organizations 93

Railways 94

Central Banks 96

Local Subdivisions and Autonomous Public Institutions 104

Property 105

Staff 105

Administration and Supervision 105

Enforced Business 105

Sequestration and Nationalization 106

CHAPTER Ⅴ.-OCCUPATION DURING AN ARMISTICE 108

Armistice Agreements and the Hague Regulations 110

Agreements Concluded During an Armistice 114

Legislative Power 114

Requisitions,Contributions,and Currency Legislation 115

Continued Occupation After a Peace Treaty and Peaceful Occupation 115

Quasi-Final Armistice Occupation 119

Special Cases (Dual Monarchy;China) 124

CHAPTER Ⅵ.-RELATIONS BETWEEN JURISDICTIONS 129

Extraterritorial Measures and Effects 131

The Treatment of Occupation Measures in the Unoccupied Area 134

The Treatment of Measures of Absent Sovereigns in the Occupied Region 135

Neutral Interests in the Occupied Region 139

Recognition of Occupation Measures by Third States 139

Neutrals and Absentee Sovereigns 142

The Home Country of the Occupant and Occupation Measures 143

Allies of the Belligerents 144

Intertemporal Law:Jus Postliminii,Uti Possidetis,Retroactivity,and the Test of International Legality 144

Returning Sovereigns 145

Occupying States Which Have Become Annexing States 150

Annexation of Occupied Areas by Third States 151

The Treatment in Foreign Jurisdictions of Post-War Measures Concerned with Wartime Occupation 152

Decisions of International Tribunals 153

LIST OF WORKS REFERRED TO 155

INDEX 163

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