Volume 3, Number 1 of the Korean Journal of International and Comparative Law begins with a discussion of the “Settlement of the Claims of Individuals by their Countries” by Ronald J. Bettauer of George Washington University who was Deputy Legal Adviser of the United States Department of State. He examines the practice of diplomatic protection within the United States context and how the principles of espousal were applied in regards to claims against Japanese and German companies. He notes that the practice of diplomatic protection, the state’s espousal of the claim of one of its nationals against another state, has been regarded as customary international law. From the perspective of u.s. law, a final settlement of an espoused claim clears the underlying private debt and releases the defendant sovereign from all of its obligations except that which is provided for in a settlement agreement. Mr. Bettauer looks at the impact of the Japan Peace Treaty and the settlement of claims by the United States federal government on claims made by individuals against Japanese companies that were permitted through time extensions by the State of California. There, the courts concluded that additional claims beyond those that were already settled
Korean Journal of International and Comparative Law – Brill
Published: Jun 4, 2015
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