10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

The right of angary does not apply to property of neutral ownership that has acquiredenemy character. 21215.11.2 Railway Material Coming From the Territory of a Neutral State. Railwaymaterial coming from the territory of a neutral State, whether it be the property of that State or ofcompanies or private persons, and recognizable as such, shall not be requisitioned or utilized bya belligerent State except where and to the extent that it is absolutely necessary. 213 It shall besent back as soon as possible to the country of origin. 214 A neutral State may likewise, in case ofnecessity, retain and utilize to an equal extent railway material coming from the territory of abelligerent State. 215 Compensation shall be paid by one party or the other in proportion to therailway material used, and to the period of usage. 216Railway materials would include, for example, railroad cars and locomotives.211 For example, Press Release: Swedish Motorship “Kungsholm,” 5 DEPARTMENT OF STATE BULLETIN 519 (Dec.13, 1941) (“The United States Government has exercised its right of angary to take over the Swedish motorshipKungsholm.”); Woodrow Wilson, Proclamation Concerning the Possession and Utilization of Netherlands Vessels,Mar. 20, 1918, reprinted in 12 AJIL SUPPLEMENT: OFFICIAL DOCUMENTS 259-60 (1918) (“Whereas the law andpractice of nations accords to a belligerent Power the right in time of military exigency and for purposes essential tothe prosecution of the war, to take over and utilize neutral vessels lying within its jurisdiction: … Now therefore I,Woodrow Wilson, President of the United States of America, in accordance with international law and practice, andby virtue of the Act of Congress aforesaid, and as Commander-in-Chief of the Army and Navy of the United States,do hereby find and proclaim that the imperative military needs of the United States require the immediate utilizationof vessels of Netherlands registry, now lying within the territorial waters of the United States; and I do thereforeauthorize and empower the Secretary of the Navy to take over on behalf of the United States the possession of and toemploy all such vessels of Netherlands registry as may be necessary for essential purposes connected with theprosecution of the war against the Imperial German Government. The vessels shall be manned, equipped, andoperated by the Navy Department and the United States Shipping Board, as may be deemed expedient; and theUnited States Shipping Board shall make to the owners thereof full compensation, in accordance with the principlesof international law.”).212 LAUTERPACHT, II OPPENHEIM’S INTERNATIONAL LAW 761-62 (§365) (“In case property of subjects of neutralStates is vested with enemy character, it is not neutral property in the strict sense of the term ‘neutral,’ and all rulesrespecting appropriation, utilization, and destruction of enemy property obviously apply to it. The object of the rightof angary is, therefore, either such property of subjects of neutral States as retains its neutral character from itstemporary position on belligerent territory, and which therefore is not vested with enemy character, or such neutralproperty on the open sea as has not acquired enemy character.”).213 HAGUE V art. 19 (“Railway material coming from the territory of neutral Powers, whether it be the property ofthe said Powers or of Companies or private persons, and recognizable as such, shall not be requisitioned or utilizedby a belligerent except where and to the extent that it is absolutely necessary.”).214 HAGUE V art. 19 (“It shall be sent back as soon as possible to the country of origin.”).215 HAGUE V art. 19 (“A neutral Power may likewise, in case of necessity, retain and utilize to an equal extentmaterial coming from the territory of the belligerent Power.”).216 HAGUE V art. 19 (“Compensation shall be paid by one party or the other in proportion to the material used, and tothe period of usage.”).966

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!