I. Green’s government does not meet the criteria of legal government

As it follows from the abovementioned arguments, Applicant is convinced that group of ministers headed by Green does not meet the definition of the legal government in exile. This statement is grounded on the fact that the authority while being exiled must be independent and must have representative character[21]. But Green's government possesses none of these characteristics. Taking into consideration several facts we find it important to mention that serious suspicions of the loyalty to Rantania interests may take place in Green’s case. First of all, Green's internal politics was, among other ENI members, directed by Rantania. Secondly, his political decisions placed Aprophe in jeopardy of public unrest. And finally, Rantania was chosen by Green as a host state and later used force against Aprophe's new government. So in the light of all abovementioned facts Green's government-in-exile might be under foreign state control.

In addition this government is not entitled to represent the national will of Aprophe. Green’s government in exile can hardly be called effective since most of the Aprophe population, authorities and armed forces are loyal to the Andler legal government. We honestly believe that the government which committed a flagrant and massive infringement of human rights loses its representative authorities. This announcement is grounded on the practice established in the international community. For example, in the situation when exiled government's representative character was put in doubt the in 1920 Great Britain, the USA and other States declined to recognize Polish government-in-exile in London[22]. Thus in fact Green's government cannot be recognized as a legal government in exile since it may not be characterized as independent and representative while Andler government possesses both this criteria.