Law and Usage of War; A Practical Handbook of the Law and Usage of Land and Naval Warfare and Prize

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914. Excerpt: ... CONTRACTS WITH ENEMY SUBJECTS--continued hibited, is null and void, unless entered into under licence. Nor can an enemy subject during war appear as a party in a law-suit in a British Court.1 The operation of agreements entered into before the war is only suspended during its continuance. This does not apply to an insurance agreement under which an enemy subject is insured against capture by a British ship. There are a number of useful short treatises on this subject which those who have difficulty in ascertaining the rights and liabilities involved can consult for more ample details and authorities--viz.: N. Bentwich, Private Property in War, London, 1907; C. Phillipson, Effect of War on Contract, London, 1909; A. Latifi, Effect of War on Property, London, 1909; E. J. Schuster, Effect of War on Commercial Transactions, London, 1914; Arthur Page, War and Alien Enemies, London, 1914. Art. 23 (h) of The Hague Regulations forbids belligerents to declare extinguished, suspended, or unenforceable claims and actions of enemy subjects. See a careful and judicious examination of the meaning of this clause in Higgins, Hague Peace Conferences, p. 263 et seq. Cambridge, 1909. See also Oppenheim, International Law, 2nd ed., vol. ii., p. 133 et seq. London, 1912. See TRADING WITH THE ENEMY. CONVOY.--When neutral merchant ships are accompanied or convoyed by a warship of their nationality, they are regarded by most European and American States as exempt from belligerent visit and search (q.v.), provided the commander of the warship certifies that there is no contraband among their cargo. Thus, under the Japanese Regulations governing captures at sea of 1904, a neutral vessel under convoy of a war vessel of her country shall not be visited nor searched S...