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  • Members: 1184
  • Category: Poland
  • Founded: Sep 18, 2001
  • Language: English
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The Hull Rule   Topic List   < Prev Topic  |  Next Topic >
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#24659 From: "Carol Dove" <stashaok@...>
Date: Wed Sep 5, 2007 5:05 pm
Subject: The Hull Rule
stashaok
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Group,

Reading up on compensation I was linked to this site and found the
information very interesting. For the link to the whole artical go to
my link at the end and you can link throughout artical.



Shortly after Poland took over Chorzow, a Polish court decreed that
land belonging to the German company, Oberschlesische
Stickstoffwerrke A.G., be turned over to Poland. Litigation ensued on
the question of whether the land was "property" of Germany or if it
was privately owned by Oberschlesische Stickstoffwerrke A.G. The
dispute eventually reached the P.C.I.J.. The Permanent Court
concluded that the land was privately owned, and that Poland had
seized private property. The Court stated that "there can be no doubt
that the expropriation . . . is a derogation from the rules generally
applied in regard to the treatment of foreigners and the principle of
respect for vested rights."[17] The Court also spoke to the question
of appropriate compensation, stating that "reparation must, as far as
possible, wipe out all the consequences of the illegal act and
reestablish the situation which would, in all probability, have
existed if that act had not been committed."[18] Thus, the Permanent
Court enunciated the then existing international law --
expropriations were not permitted and if they occurred, full
compensation must be paid. Carol Celinski Dove

http://www.jeanmonnetprogram.org/papers/97/97-12-III.html




 
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