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Governments and Authorities in Exile*

Published online by Cambridge University Press:  12 April 2017

F. E. Oppenheimer
F. E. Oppenheimer*
Affiliation:
Inner Temple, London
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Extract

The governments-in-exile present new problems created by the special circumstances of this war. During World War I, belligerent occupation played an important rôle. Disregarding smaller incidents, the following occupations may be mentioned: that of Belgium and parts of France by German troops; parts of White Russia by Austro-Hungarian troops; of Serbia and Macedonia by German, Austro-Hungarian and Bulgarian troops; of Rumania by German, Austro-Hungarian and Bulgarian troops; of parts of Italy by Austro-Hungarian and German troops; of parts of Austria by Russian troops; of parts of Alsace-Lorraine by French troops; and of Palestine by British troops. As a result of the invasion of its territories the Belgian Government exercised its functions in Sainte-Adresse, France, and the Serbian Government in Corfu, Greece, but it is not known that the activity of these sovereignties-in-exile has raised any significant legal problems. Since 1940 an increasing number of governments have been forced to flee their homelands in the face of hostile armed forces and have been invited by the British Government to establish themselves in the United Kingdom. We have now a “Miniature Europe” in London. There are at present eight foreign governments in England: Belgium, Czechoslovakia, Greece, Luxembourg, The Netherlands, Norway, Poland and Yugoslavia.

Type
Research Article
Information
American Journal of International Law , Volume 36 , Issue 4 , October 1942 , pp. 568 - 595
Copyright
Copyright © American Society of International Law 1942

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Footnotes

*

The term “exiled” or “refugee” government—although well-known today—is not very appropriate since it does not express clearly that such government is the only de jure sovereign power of the country, the territory of which is under belligerent occupation, but no better term has yet been coined. “Authority” is used in the English war legislation as referring to the Free French.

References

1 See Le refuge du Gouvernement National à l’ Etranger, by Andrée Jumeau, Aix-en-Provence,France (1941), dealing with the events of the last war, reviewed in this Journal, Vol. 36(1942), p. 346.

2 This expression was used by the Under Secretary of State for Foreign Affairs in the House of Commons (369 Parliamentary Debates, 1940–41, p. 329).

3 The Government of Luxembourg is partly in Montreal (Canada) and partly in London (England), but both the Grand Duchess and the Prime Minister are in Canada.

4 See, for Belgium, the Conseil Consvltatif du Gouuernement created on March 4,1942 (Meniteur Beige (London), No. 5, 1942, at p. 82); for Czechoslovakia, the “State Council” . as provided in the presidential decree published on July 21,1940, in Czechoslovak Official Gazette, 1940, No. 1; and for Poland, the “Polish National Council” establishedon Dec. 9, 1939, as an advisory body of the President of the Republic and the government (Polish Official Gazette, No. 104, dated Dec. 11, 1939).

5 See the remarks made by the Minister of Luxembourg when presenting his credentials to the President on Nov. 8, 1940, III Dept. of State Bulletin, Nov. 9, 1940, p. 408.

6 Art. 82 translated into English reads: “If it is impossible for the King to govern, the ministers, after having established this impossibility, convene immediately the legislative bodies. The joint houses provide for the guardianship and the regency.”

7 Art. 24 of the Constitution of April 23, 1935, provides: In case of a war the President has to designate his successor by special act published in the official journal ofthe government if the presidency becomes vacant prior to the conclusion of the peace. The successor President remains in office until the expiration of three months after the conclusion of the peace. The decree nominating the new President was promulgated inthe Monitor Polski, No. 214–217, published in Paris on Sept. 29, 1939.

8 Art. 12 of the Polish Constitution authorizes the President to appoint the Prime Minister and on the latter’s recommendations the other ministers. See the exchange of notes between the Secretary of State, Cordell Hull, and the Ambassador of Poland, Count Jerzy Potocki, dated Sept. 30 and Oct. 2, 1939, and the statement by the Secretary of State, Oct. 2, 1939, that the “United States continues to regard the Government of Poland as in existence in accordance with the provisions of the Constitution of Poland.”

9 See also IV Dept. of State Bull., March 6, 1941, p. 209 (presentation of credentialsby the new Ambassador of Poland, Jean Ciechanowski).

10 See “La position internationale de la Tchécoslovaquie,” by Rene Cassin, in Czechoslovak Yearbook of International Law (London), 1942, pp. 60, 62.

11 Cf. “The Munich Settlement and International Law,” by Quincy Wright, this Journal, Vol. 33 (1939), pp. 12–31. The official text is published in Reichsgesetzblatt, Pt. II, 1938, p. 853.

12 Declaration of March 15, 1939, signed in Berlin by Adolf Hitler and his Minister for Foreign Affairs, von Ribberitrop, as well as Dr. Hacha and his Minister for Foreign Affairs, Dr. Chvalkovsky, published in IX Zeitschrift fur auslandisches offentliches Recht und Volkerrecht, No. 2 (July 1939), p. 506.

13 Cf. the decree of March 16, 1939, published in Reichsgesetzblatt, Pt. I, p. 485,by which the “Protectorate of Bohemia and Moravia” was constituted as belonging to the territory of the “Great German Reich” (Gross Deutschland).

14 The treaty signed in Vienna on March 18, 1939, and in Berlin on March 23, 1939, by which the “State of Slovakia placed itself under the protection of the German Reich” is published in Reichsgesetzblatt, Pt. II, p. 606.

15 Parliamentary Debates, House of Lords, Vol. 112, p. 312.

16 20 Dept. of State Press Releases, 1939, No. 495, contains the text of a note from the Acting Secretary of State to the German Chargé d’affaires under date of March 20, 1939.

17 Pari. Deb., H. L., Vol. 356, p. 552.

18 Pari. Deb., House of Commons, Vol. 363, p. 614.

19 Pari. Deb., H. C, Vol. 373, p. 861.

20 The full text of this agreement is in VI Dept. of State Bull., July 11, 1942, p. 607.

21 The question of “provisionally” is discussed in the Czechoslovak Yearbook of International Law (1942), p. 184.

22 VI Dept. of State Bull., May 16, 1942, p. 440.

23 Art. 43 of the Hague Convention of 1907 (Laws and Customs of War on Land) and Wilson, Handbook of International Law (3d ed., 1939), p. 309. This view was also recognized by the German Supreme Court at Leipzig which held during the first World War on July 26,1915: “Through hostile occupation of enemy country no change in state boundaries or in state sovereignty legally occurs, and the territory in question is in no way acquired by the state through whose troops it was conquered. (Fontes Juris Gentium, Ser. A, Sec. II, Vol. I, p. 486.)

24 For the purpose of the Trading with the Enemy Act, 1939, England treats the whole of metropolitan France, including Corsica, Algeria, the French Zone of Morocco and Tunisia as enemy territory. (S. R. & O., 1940, No. 1092.)

25 See announcement by the State Department under date of May 9, 1942, in VI Dept. of State Bull., May 9, 1942, pp. 391, 392.

26 Cf. statement under date of May 4, 1942 (Dept. of State Bull., ibid., p. 391.)

27 See the proclamations by General Catroux recognizing in the name of the FightingFrench the independence of Syria under the Cheikh Taggeddine el Hassani, Sept. 28, 1941,and of Lebanon under the President Naccache, Nov. 26, 1941, both in Journal Officielde la France Libre, Dec. 9, 1941, pp. 51, 52.

28 Announcement concerning the question of recognition of Syrian and Lebanese independence, in V Dept. of State Bull., Nov. 29, 1941, p. 440.

29 Eden on Sept. 10, 1941, in 374 Pari. Deb., H. C. (1940–1941), p. 159.

30 Great Britain, Treaty Series, France No. 2, 1940, Cmd. 6220.

31 Letter from the British Prime Minister to de Gaulle, Aug. 7, 1940, ibid.

32 Par. 6, Art. III, Memorandum of Agreement, supra, note 30.

33 Art. I of the Act relative à la déchéance de la nationalité francaise in Journal Officiel published at Vichy, July 24, 1940.

34 Ibid., Art. II.

35 Par. 1, Art. II, Memorandum of Agreement, supra, note 30.

36 Ibid., par. 4 (f), Art. II.

37 Ibid., par. 2, Art. I.

38 Ibid., par. 6, Art. II. For the coördination of the military forces on land, on these a and in the air, de Gaulle has created a Chief-Military-Committee (Haut-ComiU Militaire). See decree dated Sept. 24, 1941, in Journal Officiel, Oct. 14, 1941, p. 43.

39 This committee consists of eight commissaires nationaux of Economics, Finance and Colonies, Foreign Affairs, War, Navy, Justice and Education as well as Interior. See Ordinance No. 16, Sept. 24, 1941, and decree of the same date, Journal Officiel, Oct. 14, 1941, No. 11.

40 Nov. 26, 1941, in 376 Pari. Deb., H. C, p. 727.

41 VI Dept. of State Bull., March 7, 1942, p. 208, and April 4, 1942, p. 273.

42 V Dept. of State Bull., Dec. 27, 1941, p. 589.

43 VII Dept. of State Bull., July 11, 1942, p. 613.

44 Art. II of the first ordinance issued by de Gaulle, Chef des Francais Libres, in the name of the French people and the EVench Empire, at Brazzaville, Oct. 27, 1940, published in Journal Officiel, London, Jan. 20, 1941, No. 7, p. 3, and Art. 10 of Ordinance No. 16, Sept. 24, 1941, in Journal Officiel, No. 2, p. 41.

45 See, on the recognition of the Czechoslovaks, Fenwick, International Law (2d ed., 1924), p. 110; Garner, International Law and the World War (1920), Sec. 26, p. 39; C. C. Hyde, this Journal, Vol. 13 (1919), p. 93; Hackworth, Digest of International Law, Vol. I (1940), Sec. 39, pp. 203–208; Hobza in Revue Générale de Droit International Public, XXIX (1922), pp. 387, 388; Buza in ZeiUschrift für Völkerrecht, XIII (1924), pp. 114, 115.

46 See with respect to foregoing: Hackworth, op. eit., Sec. 14, pp. 214–217; Blociszewski in Revue Générale de Droit International, XXVJII (1921), pp. 5–70; and Twardowski in Strupp Worterbuch des Völkerrechts undder Diplomatie, Vol. II, pp. 280–283.

47 Cf. the definition in Art. 1, Chap. I, Sec. I, of “The Hague Regulations.” The texts of the Convention and Regulations are printed in United States Treaties, Vol. 2, andin this Journal, Supplement, Vol. 2 (1908), pp. 90, 97.

48 See the Manifeste of Oct. 27, 1940, and the Declaration Organique on Nov. 16, 1940 (Journal Officiel (London), No. 11, Jan. 20, 1941, pp. 3, 4).

49 A very good discussion of the subject is the article “Vichy or Free France?” by Rene Cassin in 20 Foreign Affairs (1941), p. 102.

50 Diplomatic Privileges (Extension) Act, 1941, 4 & 5 Geo. 6, Ch. 7.

51 Statement by the Under Secretary of State for Foreign Affairs when introducing the Bill (369 Pari. Deb., H. C, 1940–1941, p. 329).

52 Par. b, Sec. 1 of Diplomatic Privileges (Extension) Act, 1941, supra, note 50.

53 Art. 6, Ordinance No. 16, in Journal Officiel (London), No. 11 (Oct. 14, 1941).

54 The wording of the Polish-Czechoslovak Agreement of Confederation is published in 2 Inter-Allied Review, 1942, pp. 26, 27.

55 For the text of the constitution of the Balkan Union, see 2 ibid., pp. 25–26.

56 The U.S.S.R. has granted the Polish armed forces full rights of an independent National Polish Army. V Dept. of State Bull., Oct. 11, 1941, p. 45.

57 This Journal, Supplement, Vol. 36 (1942), p. 191; VI Dept. of State Bull., Jan. 3, 1942, pp. 3–4.

58 The Mutual Aid Agreements with China, June 2, 1942, Great Britain, Feb. 23, 1942,and the U.S.S.R., June 11, 1942, are printed in this Journal, Supplement, Vol. 36 (1942), pp. 165, 170, 187. They are also printed, with similar agreements with the governments in-exile, in the current issues of the Dept. of State Bulletin.

59 V Dept. of State Bull., Sept. 27, 1941, p. 233.

60 The best discussion of this new problem will be found in an article by Arnold D. Mc-Nair, “Municipal Effects of Belligerent Occupation,” 57 Law Quarterly Review, 1941, pp. 33, 67; see also “The Legislation of the Allied Powers in the United Kingdom,” by Alfred Drucker, in Czechoslovak Yearbook of International Law (London), 1942, p. 45.

61 The Greek Parliament was dissolved on August 4, 1936. (See Political Handbook of the World, New York, 1942, p. 91.)

62 Art. 49 of the Polish Constitution.

63 Ibid., Art. 55.

64 Ibid., par. 2, Art. 79.

65 Documents on International Affairs (Norway and the War, September 1939-December 1940), edited by M. Curtis and issued under the auspices of the Royal Institute of International Affairs (1941), p. 128.

66 Art. 11 of the Norwegian Constitution. See the official English translation issued by the Minister of Justice in Oslo (1937).

67 Ibid., Art. 17.

68 See the judgments of the Cour de Cassation of Feb. 11 and June 4, 1919, Feb. 18 and April 27, 1920, published in Pasicrisie Beige, 1919, Pt. I, pp. 9–16, 97–110, and 1920, Pt. I, pp. 62 and 124–125.

69 See, supra, note 23.

70 According to Art. 26 of the Belgian Constitution the legislative power is exercised jointly by “le Roi”, “la Chambre des Reprisantants” and “le Sénat,” and according to Art 27, each one of the three legislative branches has the right to introduce new legislative bills.

71 Art. 82 of the Belgian Constitution.

72 See the broadcast speech of Dr. Nygaarsvold, Prime Minister of Norway, June 25, 1940, published in Documents on International Affairs, supra, note 65, pp. 127, 128.

73 Art. 1 of the Loi dornnant au Roi des pouvoirs extraordinaires (Moniteur Belge), Brussels, Sept. 8,1939. See the very interesting report by the special committee of the Chamber and the Senate discussing this statute in Pasinomie, 1939, pp. 473–476.

74 Cf. the Moniteur Beige (London), Jan. 16, 1940, No. 1 and the following numbers.

75 See the Pasinomie Luxembourgoise for 1937–1940 containing the Act of Sept. 28, 1938, p. 465, the proclamation of Aug. 27, 1939, p. 698, and the Act of Aug. 29, 1939, p. 701; the Grand Ducal decrees of April 22, 1941, issued by the Grand Duchess and her government at Montreal refer as source of the legislative power not only to the Acts of 1938 and 1939 mentioned above, but also to an old Act of Jan. 16, 1866. The reason is that, according to Art. 27 of this Act, the State Council need not be consulted in cases of emergency.

76 According to Art. 35 of the constitution of the Kingdom of Yugoslavia, the King becomes of age at 18.

77 Czechoslovak Official Gazette, 1940, No. 2.

78 See, with regard to foregoing, the note on “The Constitutional Position of the Czechoslovak President in Exile,” by E. Schwelb, in Czechoslovak Yearbook of International Law (London), 1942, p. 180.

79 Czechoslovak Official Gazette (1940), No. 4.

80 Arts. 33 and 42 of the Charte constitvtionelle de la Republique Tschioslooaque.

81 (1942)1 All E. R. 236, 250.

82 Art. 1 of the Swiss Civil Code.

83 Dicey, Introduction to the study of the Law of the Constitution (9th ed. by E. C. S. Wade, 1941), pp. 412, 413.

84 Annual Digest of Public International Law Cases, 1927–1928, No. 106, pp. 166, 167.

85 See the statement made by the Attorney General of England in the Amand case (1942), 1 All E. E. 236, 240.

86 Amand case, supra, p. 240.

87 Lorentzen v. Lyddon & Co. Ltd. (Dec. 2, 1941), 71 Lloyd’s List Law Reports (1942), pp. 197, 204.

88 Par. 2, Art. 3, Ordinance 16 (Journal Officiel, London), Oct. 14, 1941, p. 41.

89 Elements of International Law (6th ed. by A. B. Keith, 1929), Vol. I, p. 205.

90 Attorney General for New South Wales v. Trethaven, [1932] A. C. 526; Jennings, The Law and the Constitution (2d ed., 1938), p. 143.

91 The names of the gazettes are as follows:

Belgium: Moniteur Beige, issued first in Paris from May 18-May 30, 1940, and from Nov. 22, 1940, in London.

Czechoslovakia: Uredni Vestnik Ceskoslovensky, issued since Jan. 1, 1940, in London.

Luxembourg: Memorial, first issued on Feb. 1, 1941, in Montreal.

The Netherlands: Nederlandsche Staatscourant, issued since May 24, 1940, and Staats-bladvan het Koninkrijk Nederlanden, issued in London since April 1, 1940.

Norway: Norsk Lovtidend, issued since Aug. 15, 1940, in England, and Norsk Tidend, issued since Aug. 30, 1940.

Poland: Dziennik Ustaw, issued in London since Jan. 21, 1941. Moniteur Polski ceased publication on May 20, 1940.

Yugoslavia: Sluzbene Novine Kraljevine, Jugoslavije, issued formerly in Belgrade, now London.

Fighting France: Journal Officiel de la France Libre, No. 1, appeared on Jan. 20, 1941. The foregoing list is extracted from the Memoranda Series No. 3 (Jan. 15, 1942) of the Carnegie Endowment for International Peace Library, Washington, D. C, compiled by the Librarian, Miss H. L. Scanlon.

92 See in general the memorandum by The Netherlands Government enclosed in a note to the State Department under date of March 5, 1942, and dealing with actions taken by theauthorities previous to and during the time of the invasion for keeping assets out of the hands of Germans, published in VI Dept. of State Bull., March 21, 1942, p. 291.

93 cf. Act of the Royal Netherlands Government passed on April 26, 1940, which became effective on May 8,1940. The measure was reviewed by the New York Supreme Court on Nov. 28, 1941, in Amstelbank, N. V. v. Guaranty Trust Co. of New York, 31 N.Y.S. 2nd, 194.

For Belgium, see Art. 8 of the Act. of Feb. 19, 1942, concerning the administrationof commercial companies in war time. Moniteur Beige (March 31, 1942), London, No. 8, pp. 174, 182.

94 Decree of Royal Netherlands Government in London dated June 7, 1940, 2 Art. 6b and Art. 16. See also decree of the President of the Republic of Poland dated Feb. 26, 1940, regarding the management and disposition of Polish property abroad, published in Angers in the Official Journal, No. 4, p. 10, and Art. 14 of the Belgian law of Feb. 19,1942, supra.

95 See decree of the Belgian Government of Oct. 31, 1940, Moniteur Beige (Nov. 22, 1940), p. 4, and the Belgian law of Feb. 19,1942, supra.

96 Anderson v. N. V. Transandine Handelsmaatschappij et al., May 22, 1941, 28 N.Y.S. (2d) 547, aff’d App. Div. 31 N.Y.S. (2d) 194.

97 This decree has been reviewed and upheld by the King’s Bench Division in Lorentzen v. Lyddon & Co. Ltd., supra, note 87.

98 Moniteur Beige (London), May 6, 1942, No. 10, p. 102.

99 Art. 12 of the Royal Netherlands Decree of June 7, 1940.

100 Most remarkable are the decrees of the Belgian Government of Jan. 10, 1941, dealing with the effects of belligerent occupation (Moniteur Beige, London), Feb. 25,1941, pp. 44,46. See also the Polish presidential decree of Nov. 30,1939 invalidating all acts of the occupying Power, in Polish Official Gazette, Dec. 2,1939, No. 102. The decreeissued by the Yugoslav Government under date of June 28, 1942, published in London on June 18,1942; the decree of the Luxembourg Government dated April 20, 1941 (Circular No. 2268 of Federal Reserve Bank of New York).

101 Decree of the Netherlands Government in London dated Sept. 18, 1941, in Staaisbladvan het Koninkrijk Nederlanden, No. B 78, as amended on Feb. 14, 1942.

102 Decree dated June 17, 1941. Moniteur Beige, London, Aug. 8, 1941, No. 17, p. 209.

103 As an illustration, reference is made to the decree concerning the activity and the organization of the Belgian National Bank, Moniteur Beige, Dec. 10,1941, London, No.23, p. 274.

104 The Norwegian Government has, however, issued a provisional decree changing the penal code to enable the courts in Norway to prosecute Norwegian subjects even after thetermination of the occupation for treason and for membership in “Nasjonal Samling,” and for other acts endangering the security and independence of the country, and to impose capital punishment. (Norwegian provisional decrees dated Oct. 3, 1941, and Jan. 22,1942.)

105 Lorentzen v. Lyddon, supra, note 87.

106 Supra, note 96.

107 Supra, note 87.

108 This Journal, Vol. 36 (1942), p. 309. See also the editorial comments in this Journal, ibid., by Edwin Borchard, pp. 275, 282, and by P. C. Jessup, pp. 282, 288.

109 Ibid., supra, note 96.

110 Supra, note 74. Arnold McNair in his article cited supra, note 60, writes at p. 80, note 94, that he believes “the rule which prevents an English court from sitting in judgment upon the validity of the acts of a foreign state does not mean that it cannotmake inquiry as to the formal validity of those acts and their nature.”

111 S. R. & O. 1941, No. 719 for Belgian nationals; 720 for Netherlands nationals; 721for Norwegian nationals; 722 for Polish nationals; 723 for Czechoslovak nationals; 724for French nationals.

112 Oppenheim, International Law (5th ed. by Lauterpacht), Vol. I, par. 317; Hall, International Law, par. 61.

113 Belgium has an army in England and pilots in the Royal Air Force; separate air squadrons are being formed. Czechoslovakia has organized an independent self-contained brigade and an air force. The Free French forces assembled under Gen. de Gaulle’s command number about 100,000 trained soldiers and 2,000 pilots. Of Luxembourg there are several hundred volunteers fighting with the Belgian forces and nearly 1,000 with the Free French. The Dutch contingent in Great Britain consists of approximately 5,000 draftees, and Netherlands air squadrons are serving with the RAF. Norwegian training camps are established in England and Scotland, in Toronto and on the Canadian coast to turn out Norwegian pilots, naval officers, sailors and soldiers. The Polish Army is the largest of the armed forces of the exiled governments. Of Greece, two fully equipped brigades are in the Middle East, as are also some Yugoslav units.

The navies of the exiled governments, including the Free French, consisted in September, 1941, of not less than 187 warships, including corvettes and mine sweepers, manned by 14,730 officers and men. The largest force were those of Norway with 58 ships, then

Free French with 42 ships, and the Netherlands with 39 ships. (19 Bulletin of International News, issued by the Royal Institute of International Affairs, p. 1202.)

114 See the Netherlands decree dated Aug. 18, 1940, published in Official Gazette in London, and the Belgian decrees published in Moniteur Beige (London), 1941, p. 7, and 1942, p. 6.

115 See Oppenheim, International Law, op. cit., p. 235.

116 Diplomatic Protection of Citizens Abroad (1915), p. 21.

117 Canadian Bar Review (1942), pp. 169–170.

118 See Art. 11, Chap. II, of 5th Hague Convention of 1907 (Rights and Duties of Neutral Powers and Persons in case of War on Land), this Journal, Supplement, Vol.2 (1908), p. 120.

119 The Act is published in Halsbury’s Complete Statutes of England, Vol. 33, p. 466. See also Butterworth’s Emergency Legislation Service Statutes, Supplement No. 6 (1940), p.103.

120 17 Halsbury’s Statutes, p. 212.

121 The Act is also applicable to Free French Forces (S. R. & O.1941, No. 47), and to the Greek and Yugoslav Forces (S. R. & O. 1941, No. 651).

122 See in general on this subject “The Jurisdiction over the Members of the Allied Forces in Great Britain,” by E. Schwelb, in Czechoslovak Yearbook of International Law (London), 1942, p. 147; and for the first World War see Chalufour, Le atatut juridigue des Troupes Alliies pendant la guerre 1914–1918.

123 International Law, par. 427, p. 432.

124 In the same sense, Oppenheim, op. cit., par. 127, p. 237.

125 Parl. Deb., H. C, Vol. 364, pp. 1404, 1405.

126 Great Britain, Treaty Series No. 2 (1941), Cmd. 6259; this Journal, Supplement, Vol. 35 (1941), p. 134.

127 New York Times, Aug. 6, 1942, p. 21.

128 The British-Czechoslovak military treaty of Oct. 25, 1940, is discussed in the article cited supra, note 122. The treaties with the other exiled governments do not seem to have been published.

129 Parl. Deb., H. C , Aug. 21, 1940, p. 1405.

130 Moniteur Beige, Jan. 10, 1941, p. 11, and May 8, 1941, p. 118.

131 The Allied Forces (Penal Arrangements No. 1) Order, S. R. & O. 1940, No. 1817, concerns the forces of the Allied Governments, and the Allied Forces (Penal Arrangements No. 2) Order, S. R. & O. No. 49, the Free French Forces.

132 Mixed courts martial existed also during the last war. See, on this subject, the very interesting statement made by Lord Strabolgi in Pari. Deb., H. L., Aug. 13, 1940, p. 198.

133 See the Allied Forces (Free French Air Force) Order, S. R. & O. 1941, No. 200; the Allied Forces (Norwegian Air Force) Order, S. R. & O. 1941, No. 918.

134 Allied Powers (Maritime Courts Act), 1941.

135 Allied Powers Maritime Courts Regulations, S. R. & O. 1941, No. 872.

136 Pursuant to this Act, The Netherlands Government issued a decree dated Oct. 3, 1941, and established a Maritime High Court in London, as well as six courts of summary jurisdiction in Cardiff, Fleetwood, Glasgow, Liverpool, London and Newcastle. The othergovernment with a great merchant navy, the Kingdom of Norway, established Maritime Courts in the above mentioned towns and an appellate court in London. For the Belgian Maritime Court, see Monitew Beige, Oct. 28 and Nov. 14, 1941, p. 265.

137 According to the radio address of the British Lord of the Admiralty, the merchant navy of the exiled governments consisted in August, 1941, of 1,618 vessels, to wit, 720 of Norway, 480 of The Netherlands, 240 of Greece, 92 of the Free French, 54 of Belgium, and 32 of Poland. (18 Bulletin of International News, p. 1202.) To these figures must be added 48 of Yugoslavia.

138 See his speech published in Law Quarterly Review, Vol. 58, p. 223.

139 119 Parl. Deb., H. L., p. 288 ; Oppenheim, op. cit., Vol. 1, p. 241.

140 This Journal, Supplement, Vol. 35 (1941), p. 194; Dept. of State Bull., July 12,1941, pp. 15,409.