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peace.
(11) that the Japanese had a right in Inter- national Law to appoint such an officer as a Custodian not in the metropolitan country, but in occupied territory. The rule that there is a distinction in the doctrine of International Law between
such measures as a State is allowed to take within its own territory by virtue of its territorial sovereignty, and such as are taken and carried out by its auth- ority in an enemy country invaded and oco- upied by its armies has been recognized in the Treaty of Versailles (Clause (1) of the Annex to Art. 298), in several decisions of the Mixed Arbitral Tribunals, especially in
the Anglo-German Mixed Arbitral Tribunal in the case of Ralli Brothers v. German Govern- ment and in the policy of the United Nations during the 1939-45 war. Proclamation No. 6 issued by Angot after the British and Allied Armies had occupied Sicily while it establi- shed the office of Controller of Property whose functions were to take over and admini- ater property of certain classes did not give power to take the property of Italian subjects nor that of subjects of other nations at war with Great Britain or her Allies except as to the control only of property of absentee owners who had no local representatives. Similarly enactment No. 52 (Military Government Gazette Germany) which was in force while Germany was being invaded and occupied before ita unconditional surrender did not provide for the appointment of custodians or liquidators with the power to collect debts but only for blocking and controlling property of enemy
subjects.
The words inserted in pencil "or to receive paymento due
to enemies of the Japanese" are open to serious objections.
2
cms
THE NATIONAL ARCHIVES
CO 537/1374
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