International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
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International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
(1) Since, according to British and American practice, domicile in enemy
country makes an individual bear enemy character, all goods belonging to
individuals domiciled in enemy country are enemy goods, and all goods
belonging to individuals not resident in enemy country are not, as a
rule, enemy goods. For this reason, goods belonging to enemy subjects
residing in neutral countries[154] do not, but goods belonging to
subjects of neutral States residing in enemy country[155] do bear enemy
character, although they may be the goods of a foreign consul appointed
and residing in enemy country.[156] Further, the goods of such subjects
of the belligerents as are domiciled on each other's territory and are
allowed to remain there after the outbreak of war, acquire enemy
character in the eyes of the belligerent whose subjects they are, but
lose their enemy character in the eyes of the belligerent on whose
territory they are allowed to remain.[157] Again, the produce of an
estate on enemy territory belonging to a subject of a neutral State who
resides abroad, does bear enemy character, for "_Nothing[158] can be
more decided and fixed than the principle ... that the possession of the
soil does impress upon the owner the character of the country, as far as
the produce of that plantation is concerned ... whatever the local
residence of the owner may be_." Lastly, all such property of a subject
of a neutral State residing abroad but having a house of trade within
the enemy country as is concerned in the commercial transactions of such
house of trade,[159] likewise bears enemy character, because the owner
of these goods has a "commercial domicile" in enemy country.
(2) On the other hand, according to French practice, the nationality of
the owner of the goods is exclusively the deciding factor, and it does
not matter where he resides. Hence only such goods on enemy merchantmen
bear enemy character as belong to subjects of the enemy, whether those
subjects are residing on enemy or neutral territory; and all such goods
on enemy merchantmen as belong to subjects of neutral States do not
bear enemy character, whether those subjects reside on neutral or enemy
country.[160]
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