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Legislation on Treatment of Enemy Property

Published online by Cambridge University Press:  12 April 2017

Mitchell B. Carroll
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Extract

When faced with the problem of how enemy property should be treated in the present war the belligerents have evidently followed in general the procedure of examining the measures taken during the last world war and the application of the provisions in the treaty of peace, in conjunction with their own national laws. They have apparently also considered how closely they should hold to the time-honored principle that during a war the property of enemy individuals and companies should be merely sequestered and not confiscated. Their decision on this point has in some cases apparently been influenced by the nature and extent of enemy property within their territories and by the degree to which it had been and could be utilized for carrying on economic as well as political warfare against the state which had given the property its protection.

Type
Research Article
Information
American Journal of International Law , Volume 37 , Issue 4 , October 1943 , pp. 611 - 630
Copyright
Copyright © American Society of International Law 1943

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References

1 2 and 3 Geo. 6 c. 89.

2 Reichsgesetzblatt, Part 1, No. 202, Oct. 16, 1939, p. 2026.

3 Reichsgesetzblatt, Part 1, No. 202, Oct. 16, 1939, arts. 3 and 5.

4 Ibid., arts. 1 and 7.

5 Rgbl, Part 1, No. 206, Oct. 20, 1939, p. 2056.

6 Rgbl, Part 1, No. 20, Jan. 30, 1940, p. 232.

7 Rgbl., Part 1, No. 219, Nov. 6, 1939, p. 2141.

8 Rgbl, Part 1, No. 16, Jan. 20, 1940, p. 191.

9 Rgbl, Part 1, No. 37, Apr. 14, 1942, p. 171.

10 Rgbl, Part, 1, No. 87, Aug. 7, 1941, p. 472

11 Gazette No. 7, CCH War Law Service, Report 79 (3) 4–10–41, pp. 65, 606 et seq.

12 Journal Officiel de L’Etat François, Mar. 10, 1942, p. 970.

13 Public Act. No. 91, 65th Congress, approved Oct. 6, 1917, Chap. 106, 40 Stat. 411.

14 Diario Oficial, March 12, 1942, p. 3918.

15 Diario Oficial, June 13, 1942, p. 1.

16 Ibid., art. 5, par. I.

17 Ibid., art. 11, par. I.

18 Ibid., June 13, 1942, p. 6.

19 Final Act of the Inter-American Conference on Systems of Economic and Financial Control, Washington, D. C, June 30-July 10, 1942: Pan American Union, Congress and Conference Series, No. 39, 1942.

20 Trading with the Enemy Act, 1939, sec. 3.

21 Trading with the Enemy Act, 1939, sec. 3A.

22 Ibid., sec. 7.

23 Board of Trade Orders under sec. 7 of the Trading with the Enemy Act, 1939, No. 1198.

24 Rgbl., Part 1, No. 202, Oct. 16, 1939, p. 2026.

25 Rgbl, Part 1, No. 16, Jan. 20, 1940, p. 191.

26 General Order, Sept. 17, 1940, Deutscher Reichsanzeiger, No. 221, Sept. 20, 1940.

27 Decree of Jan. 15, 1940, supra, arts. 14, 15 and 16; Regulations, June 20, 1940, par. 19.

28 Ibid., art. 18.

29 Ibid., art. 26.

30 Deutscher Reichsanzeiger, No. 144, June 22, 1940, p. 1.

31 Regulations, supra, par. 3.

32 Ibid., par. 4.

33 Regulations, supra, pars. 8, 9, 21 and 22.

34 Gazette No. 7, June 27, 1940.

35 Ibid., No. 9, July 6, 1940.

36 Law No. 109 of January 19, 1942, J. O., March 10, 1942, p. 970, arts. 7–9.

37 Law of June 28, 1940, art. 3.

38 Ibid., art. 5.

39 Ibid., art. 8.

40 Ibid., art. 9.

41 Law No. 99, Dec. 22, 1941, art. 1.

42 Imperial Ordinance No. 1179, Dec. 22, 1941, arts. 5–8.

43 Regulations, Ministry of Finance Order No. 76, Dec. 23, 1942, art. 22.

44 Ibid., art. 6; Imperial Ordinance No. 1179, art. 10.

45 Enemy Assets Control Law, No. 99, Dec. 22, 1941, art. 11.

46 Order in Council, P. C. No. 3959, Aug. 21, 1940, as amended by P. C. No. 9797, Dec. 16, 1941.

47 Ibid., par. 6 (1).

48 Ibid., pars. 21 (2) and (22).

49 Ibid., par. 23 (1).

50 Ibid., pars. 38 and 42.

51 Order in Council, P. C. No. 3959, Aug. 21, 1940, as amended by P. C. No. 9797, Dee. 16, 1941, pars. 29 and 42.

52 Ibid., par. 7.

53 Ibid., par. 11.

54 Ibid., par. 12.

55 Ibid., par. 15.

56 Decree-law No. 4.166, March 11, 1942, art. 1.

57 Ibid., art. 2.

58 Ibid., art. 11.

59 Diario Oficial, June 13, 1942.

60 Ibid., art. 11, II and IV

61 Diario Oficial, June 13, 1942, p. 6.

62 Ibid., arts. 1–4.

63 Ibid., art. 7.

64 Ibid., arts. 8 and 9.

65 Ibid., art. 12.

66 Diario Oficial, June 13, 1942, art. 18.

67 Pan American Union, Congress and Conference Series, No. 39, 1942.

68 Ibid., Recommendation No. VII, par. 1.

69 Ibid., par. 1 (a) and (e).

70 Pan American Union, Congress and Conference Series, No. 39, 1942. Recommendation No. VII, par. 1 (b) and (c).

71 Ibid., par. 1 (d).

72 Ibid., par. 3.

73 Decree-law No. 4.611, August 24, 1942, Diario Oficial, Aug. 25, 1942.

74 Decree-law No. 4.612, Aug. 24, 1942, ibid.

75 Decree No. 10.358, Aug. 31, 1942, ibid., Sept. 1, 1942.

76 Decree-law No. 4.636, Aug. 31, 1942, ibid.

77 Amended by Executive Order No. 9193 of July 7, 1942.

78 Board of Trade Orders under sec. 7 of the Trading with the Enemy Act, 1939, No. 1198, as amended.

79 Decree of Jan. 15, 1940, arts. 12 and 15, Rgbl, Jan. 20, 1940, Pt. 1, No. 16, p. 191.

80 Decree of Oct. 11, 1939, Rgbl., Oct. 16, 1939, Pt. 1, No. 202, p. 2026.

81 Law of June 28, 1940, arts. 4 and 5.

82 Law No. 99, Dec. 22, 1941, art. 1; Imperial Ordinance No. 1179, Dec. 22, 1941, arts. 5–8.

83 Order in Council, P.O. No. 3959, Consolidated Regulations of Aug. 21, 1940, par. 6 (1).

84 Ibid., par. 21 (2), 22.

85 Law of June 11, 1942, art. 8, Diario Oficial, June 13, 1942.

86 Act of Mar. 28, 1918, Chap. 28, sec. 1, 40 Stat. 460.

87 U. S. v. Chemical Foundation (CCA-3), 1925, 5 Fed. 2nd, 1941, affirming (D. C. Dela. 1924) 294 Fed. 300, and modified (1926) 47 Sup. Ct. 1, 272 U. S. 1, 71 L. Ed. 131.

88 Order of Mar. 11, 1942, as amended by Executive Order No. 9193 of July 7, 1942.

89 For example, 8 F. R. 3647–3648.

90 United States, Treasury Department, Administration of Wartime Financial and Property Controls of the United States Government, December, 1942.

91 Decree-law No. 4.611, Aug. 24, 1942, Diario Oficial, Aug. 25, 1942; Decree-law No. 4.612, Aug. 24, 1942, ibid.; Decree-law No. 4.636, Aug. 31, 1942, ibid., Sept. 1, 1942.

92 New York Times, Dec. 20, 1942, p. 20, article by John MacCormac.

93 Ibid.

94 Art. XXIII; Malloy, Treaties, Conventions, etc., p. 1494.

95 United States, Treasury Department, Administration of Wartime Financial and Property Controls of the United States Government, Foreign Funds Control, December, 1942.

96 The Penetration of German Capital into Europe, being No. 5 of a Series of Reports; Inter-Allied Information Committee (London), 1942.