War And Treaty Legislation

by

War And Treaty Legislation

Bibliographic Details

Book Review

The legislation of Germany, Austria and Great Britain directed at the private enterprises of enemy nationals is conveniently compiled (in English) in this volume. The volume is divided into four parts, three covering the legislation of each of the three countries mentioned and a fourth covering treaties and treaty legislation. Each part is introduced by a brief explanatory survey of the legislation following, which enables the reader to obtain a general view of the history and nature of the laws treated. These introductions are the bright spots in the volume so far as the lay reader is concerned, for the remainder of the work is a careful reprint of the laws, decrees, orders, licenses, etc., of the three countries affecting enemy property during and after the war. Here in convenient form is an opportunity for comparative study of this kind of legislation which went much further in the late war than in any war of recent times. A comparison with the attitude of belligerents in previous wars, the growth of nationality in the definition of enemy property and enemy enterprises and activities, the effect upon foreign investments of the precedent of controlling, seizing and disposing of enemy property and businesses, and even the proverbial consequence of a bad example, may all be studied in the laws printed in this little volume

Introduction

Great Britain initiated the legislation aimed to “cut the roots of enemy commercial enterprises ” not only at home but in neutral countries.

She was followed in this course by Germany on the principle of retaliation, and subsequently though less vigorously and more reluctantly by Austria and Hungary, and lastly by the United States in a gingerly fashion.

The part on treaties and treaty legislation brings together the British Acts relating to the termination of war prior to the treaties of peace, and also data on the legislation and orders of Great Britain, Germany and Austria under the treaties of peace. The clearing office legislation and procedure is particularly interesting and instructive, as, so far as the writer knows, this is the first instance of the establishment of international machinery for the settlement of prewar debts between nationals of former belligerent countries

Thesis Statement

The appendices are copious and interesting. They contain tables of general licenses, dates of commencement of war, prewar rates of exchange as defined in the treaties of peace, the German Nationality Law of 1913, *The JOURNAL assumes no responsibility for the views expressed in signed or unsigned book reviews or notes.

This content downloaded from 190.198.151.131 on Mon, 19 May 2014 14:22:06 PM All use subject to JSTOR Terms and Conditions726 THE AMERICAN JOURNAL OF INTERNATIONAL LAW post-Armistice licenses for the resumption of trade, orders relating to industrial property, arrangements for the settlement of prewar debts, rules of procedure of the Anglo-German Mixed Arbitral Tribunal, the German reparations law, etc.

It is not derogatory to the work to say it is largely a compilation, for withouthe studious, painstaking research among documents, to which this volume is a testimonial, we in America would not have easy access to this body of valuable material and we should be grateful for this convenience

Book Review

This legal book review was published in The American Journal of International Law, Vol. 16, No. 4 (Oct., 1922), pp. 725-726

For Legal Meanings:

References to the legal books also in the Legal Definitions, click here

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