Governments and Authorities in Exile

Governments and Authorities in Exile
Author(s): F. E. Oppenheimer
Source: 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/2192751
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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 circumstances of this war. During World War I, belligerent occupation played
an important role. Disregarding smaller incidents, the following occupations 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 Czechoslovakia 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 sovereign 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 referring 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
GOVERNMENTS AND AUTHORITIES IN EXILE 595
example of such cooperation of several independent states functioning in the

same territory. The agreement signed at London on March 27, 1941, between Great Britain and this country for the use and operation of bases in
Newfoundland, Bermuda, Bahamas, Jamaica, St. Lucia, Trinidad and British 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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GOVERNMENTS AND AUTHORITIES IN EXILE*

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

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

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

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

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

GOVERNMENTS AND AUTHORITIES IN EXILE 595

example of such cooperation of several independent states functioning in the

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