Contracts Between Enemies in the National Sense

Abstract

Under public international law every State has full territorial jurisdiction. All persons resident and all property situate within its frontiers fall under the aegis of its law. This primarily territorial character of law does not exclude a State’s jurisdiction over its nationals abroad. Every State is free to extend its legislative measures to its nationals, wherever residing, independently of the question whether these measures affect their person or their property. The extra-territorial effect in respect of the person of the citizen or subject is frequently recognised by foreign Courts. In respect of the property belonging to its nationals and situated abroad a State’s jurisdiction will generally not be recognised by foreign Courts, notably the Courts of the situs, because such extra-territorial effect would clash with the sole territorial jurisdiction of the country of the situs. The position is different where the property was situate within the jurisdiction at the time of the measure or, at any rate, at the date when the legal effects attached to it. Such consequences will normally be recognised abroad, also when the property later leaves the jurisdiction.