Treatment of Enemy Aliens

English and American Doctrine and Practice. The question of the right of enemy subjects to sue in the courts of an adversary can hardly be said to be regulated by international law, unless the muchcontroverted Article 23(h) of the Hague Convention of 1907 respecting the laws and customs of war on la...

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Bibliographic Details
Published in:The American journal of international law 1919-01, Vol.13 (1), p.22-59
Main Author: Garner, James W.
Format: Article
Language:English
Subjects:
Appellate courts
Attorneys
Defendants
Hague Conventions
Immigration
International law
Laws of war
Plaintiffs
Tribunals
War
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Summary:English and American Doctrine and Practice. The question of the right of enemy subjects to sue in the courts of an adversary can hardly be said to be regulated by international law, unless the muchcontroverted Article 23(h) of the Hague Convention of 1907 respecting the laws and customs of war on land, is interpreted to apply to the actions of the judicial authorities. Certainly it is not true, as is sometimes asserted, that it is a principle of international law that they have no right of access to the courts of the adverse power. Like the practice in respect to trading with the enemy the matter is determined by the municipal law of each belligerent and is based upon considerations of public policy.
ISSN:0002-9300
2161-7953
DOI:10.2307/2187973