rey notices that, in the extract you quote, Monsieur Politis,
after placing his own interpretation upon the article, remarks that it
is quite foreign to the hypothesis of the occupation of territory and
ought to be removed from the Regulations and turned into a Convention by
itself. If this interpretation were correct, this remark of Monsieur
Politis is certainly true: but the fact that the provision appears where
it does should have suggested to Monsieur Politis that it does not bear
the interpretation he puts upon it.
Nor does it appear to Sir E. Grey that the provision conflicts with the
principle of the English common law that an enemy subject is not
entitled to bring an action in the courts to sustain a contract,
commerce with enemy subjects being illegal.
That principle operates automatically on the outbreak of war, it
requires no declaration by the Government, still less by a commander in
the field, to bring it into operation. It is a principle which applies
equally whether the war is being waged on land or sea, and which is
applied in all the courts and not merely in those within the field of
the operations of the military commanders.
The whole question of the effect of war upon the commerce of private
persons may require reconsideration in the future; the old rules may be
scarcely consistent with the requirements or the conditions of modern
commerce; but a modification of those rules is not one to which His
Majesty's Government could be a party except after careful enquiry and
consideration, and, when made at all, it must be done by a convention
that applies to war both on land and sea.
They certainly have not become parties to any such modification by
agreeing to a convention which relates only to the instructions they are
to give the commanders of their armed forces, and which is limited to
war on land.
I am, &c.,
(Signed) F. A. CAMPBELL.
THIRD LECTURE
ADMINISTRATION OF JUSTICE AND MEDIATION WITHIN THE LEAGUE OF NATIONS
SYNOPSIS
I. Administration of Justice within the League is a question of
International Courts, but it is incorrect to assert that
International Legislation necessitates the existence of
International Courts.
II. The Permanent Court of Arbitration created by the First Hague
Peace Conference.
III. The difficulties connected with International Adminis
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