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International Law. A Treatise. Volume 2 (of 2)

Note 271 — Chapter III · WARFARE ON LAND

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See Nowacki, Die Eisenbahnen im Kriege (1906), §§ 15 and 19. Some writers—see, for instance, Bonfils, No. 1185, and Wehberg, op. cit. p. 22—maintain that such rolling stock may not be appropriated, but may only be made use of during war and must be restored after the conclusion of peace. The assertion that article 53, second paragraph, is to be interpreted in that sense, is unfounded, for restoration is there stipulated for such means of transport and the like as are private property.

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