《THE INTERNATIONAL ECONOMIC LAW OF BELLIGERNT OCCUPATION》

CHAPTER Ⅰ.-GENERAL OBSERVATIONS3

Limitations of This Study3

The Place of Belligerent Occupation in the System of International Law4

Legal Sources for the Law of Belligerent Occupation5

Other Phases and Kinds of Occupation6

Legal Relationships Affected by Belligerent Occupation8

Economic Interests and the International Economic Law of Belligerent Occupation9

The Nineteenth Century Background of Section III of the Hague Regulations10

The Doctrine of Precariousness11

The Doctrine Rousseau-Portales and the Doctrine of Vested Rights12

The Inadequate Treatment of Other Economic Interests12

The Inadequate Protection against Wars of Extermination13

Schools of Interpretation15

The Relevance of Recent Changes in Conditions and Thoughts17

The International Economic Law of Belligerent Occupation under the Impact of State Socialism and Total Warfare21

The Present Condition of the International Economic Law of Occupation24

Problems of Future Development and Reform26

CHAPTER Ⅱ.-TREATMENT OF PROPERTY30

Property of Inhabitants30

Pillage30

Requisitions32

Seizures39

Contributions41

Forced Loans46

Forced Sales46

Collective Fines47

Taxation48

Expropriation50

Confiscation51

Public Property51

Public Chattels52

Public Land55

Cultural Property56

Property of Municipalities57

Property of Mixed Public and Private Character57

Determination of Status by Ownership58

Determination of Public or Private Character by Other Tests60

CHAPTER Ⅲ.-PUBLIC FINANCE62

Public Debts62

Debts Owed to the Occupied State63

Debts Owed by the Occupied State67

Debts Contracted by the Occupant69

Money and Currency70

Use of the Existing Currency71

Use of the Occupant's Currency76

Introduction of New Regional Currencies80

Valuation and Exchange Problems81

Revenue and Expenditure83

Tax Revenue83

Customs83

Expenditure84

CHAPTER Ⅳ.-REGULATION AND ORGANIZATION86

Lawmaking and Regulation86

Scope86

Limitations87

Respect for Laws in Force89

Respect for Fundamental Institutions89

Respect for Allegiance90

Respect for Property92

Respect for Purely Private Relationships92

Treatment of Organizations93

Differentiation between Public and Private Organizations93

Railways94

Central Banks96

Local Subdivisions and Autonomous Public Institutions104

Property105

Staff105

Administration and Supervision105

Enforced Business105

Sequestration and Nationalization106

CHAPTER Ⅴ.-OCCUPATION DURING AN ARMISTICE108

Armistice Agreements and the Hague Regulations110

Agreements Concluded During an Armistice114

Legislative Power114

Requisitions,Contributions,and Currency Legislation115

Continued Occupation After a Peace Treaty and Peaceful Occupation115

Quasi-Final Armistice Occupation119

Special Cases (Dual Monarchy;China)124

CHAPTER Ⅵ.-RELATIONS BETWEEN JURISDICTIONS129

Extraterritorial Measures and Effects131

The Treatment of Occupation Measures in the Unoccupied Area134

The Treatment of Measures of Absent Sovereigns in the Occupied Region135

Neutral Interests in the Occupied Region139

Recognition of Occupation Measures by Third States139

Neutrals and Absentee Sovereigns142

The Home Country of the Occupant and Occupation Measures143

Allies of the Belligerents144

Intertemporal Law:Jus Postliminii,Uti Possidetis,Retroactivity,and the Test of International Legality144

Returning Sovereigns145

Occupying States Which Have Become Annexing States150

Annexation of Occupied Areas by Third States151

The Treatment in Foreign Jurisdictions of Post-War Measures Concerned with Wartime Occupation152

Decisions of International Tribunals153

LIST OF WORKS REFERRED TO155

INDEX163