governments and authorities in exile

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Governments and Authorities in Exile

Author(s): F. E. OppenheimerSource: The American Journal of International Law , Vol. 36, No. 4 (Oct., 1942), pp. 568-595

Published by: American Society of International Law

Stable URL: http://www.jstor.org/stable/2192751Accessed: 03-05-2016 17:14 UTC

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GOVERNMENTS AND AUTHORITIES IN EXILE

BY F. E. OPPENHEIMER

Member of the Inner Temple, London

The governments-in-exile present new problems created by the special cir-

cumstances of this war. During World War I, belligerent occupation played

an important role. Disregarding smaller incidents, the following occupa-

tions may be mentioned: that of Belgium and parts'of France by German

troops; parts of White Russia by Austro-Hungarian troops; of Serbia and

Macedonia by German, Austro-Hungarian and Bulgarian troops; of Ru-

mania by German, Austro-Hungarian and Bulgarian troops; of parts of Italy

by Austro-Hungarian and German troops; of parts of Austria by Russian

troops; of parts of Alsace-Lorraine by French troops; and of Palestine by

British troops. As a result of the invasion of its territories the Belgian

Government exercised its functions in Sainte-Adresse, France, and the

Serbian Government in Corfu, Greece, but it is not known that the activity

of these sovereignties-in-exile has raised any significant legal problems.1

Since 1940 an increasing number of governments have been forced to flee

their homelands in the face of hostile armed forces and have been invited by

the British Government to establish themselves in the United Kingdom.

We have now a Miniature Europe in London.2 There are at present

eight foreign governments in England: Belgium, Czechoslovakia, Greece,

Luxembourg,3 The Netherlands, Norway, Poland and Yugoslavia.

STRUCTURE AND RECOGNITION OF GOVERNMENTS-IN-EXILE

The chief executive of these governments is a Queen in the case of The

Netherlands, a King in the case of Greece, Norway, and Yugoslavia, a Grand

Duchess in the case of Luxembourg, and a President in the case of Czecho-

slovakia and Poland. Belgium marks an exception; constitutionally it is a

monarchy, but King Leopold surrendered on May 28, 1940, to the Germans

and is now a prisoner living under German belligerent occupation.

* The term exiled or refugee government-although well-known today-is not very

appropriate since it does not express clearly that such government is the only de jure sov-

ereign power of the country, the territory of which is under belligerent occupation, but no

better term has yet been coined. Authority is used in the English war legislation as re-

ferring to the Free French.

1 See Le refuge du Gouvernement National a I' tranger, by Andree Jumeau, Aix-en-Provence,

France (1941), dealing with the events of the last war, reviewed in this JOURNAL, Vol. 36

(1942), p. 346.

2 This expression was used by the Under Secretary of State for Foreign Affairs in the House

of Commons (369 Parliamentary Debates, 1940-41, p. 329).

3 The Government of Luxembourg is partly in Montreal (Canada) and partly in London

(England), but both the Grand Duchess and the Prime Minister are in Canada.

568

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GOVERNMENTS AND AUTHORITIES IN EXLE 9

example of such cooperation of several independent states functioning in the

same territory. The agreement signed at London on March 27, 1941, be-

tween Great Britain and this country for the use and operation of bases in

Newfoundland, Bermuda, Bahamas, Jamaica, St. Lucia, Trinidad and Brit-

ish Guiana, is another illustration. It may also be mentioned that the

Icelandic Government entrusted the protection of its country to the United

States on the condition that, among other undertakings, the United States

promise to recognize the absolute independence and sovereignty of Iceland

and not to interfere with the Government now or hereafter.'40

Certainly a co6peration of this kind requires good will on both sides by the

territorial sovereign and by the invitee or licensee government. The

rigidity of the notion of sovereignty proved to be an obstacle to a healthy

development of international law and order in the past. It is to be hoped

that when the last gun is fired the lesson of a Miniature Europe in London

will not be forgotten.

140 This JOURNAL, Supplement, Vol. 35 (1941), p. 194; Dept. of State Bull., July 12, 1941,

pp. 15, 409.

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