CHAPTER XII

PROPERTY

67. +Property in General.+

68. +State Property in International Law.+

§ 67. Property in General

The term "property" has been used in varying senses by writers upon

international law. By virtue of the fact that a state has jurisdiction

over all its public property there has sometimes been confusion between

the two terms, but jurisdiction may, and does, extend to persons and

things of which proprietorship cannot be affirmed by the state.

In the sense commonly used in international law the property of a state

is held to be all the lands and water within its limits. Within this

territory the state has rights to the exclusion of other states, and

upon the land area may exercise the right of eminent domain.

The idea of property in this international sense is distinct from that

of private ownership, which is merely relative and depends upon the

regulations of the state; indeed, private property may be seized for the

debts of the state.

A state may hold absolute possession of such objects as are capable of

appropriation, as lands, buildings, and other material resources for

public purposes. In some cases the state owns the railroads, telegraphs,

mines, etc. In time of war such property receives treatment somewhat

different from that of private property, and in time of peace it may

receive special recognition, _e.g._ houses of ambassadors.

§ 68. State Property in International Law

Hall outlines this subject as follows: "A state may own property as a

private individual within the jurisdiction of another state; it may

possess the immediate as well as the ultimate property in movables,

land, and buildings within its own territory; and it may hold property

in its state capacity in places not belonging to its own territory,

whether within or outside the jurisdiction of other states."[203]

Property of the first class falls under the local law of the state in

which it is. Property of the second class may come within the scope of

international law in time of war. Property of the third class may come

with the scope of international law both in time of peace and of war.

International Law · 第 7 / 13 章