Editorial Note

Editorial Note 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 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Korean Journal of International and Comparative Law Brill

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Publisher
Brill | Nijhoff
Copyright
© Koninklijke Brill NV, Leiden, The Netherlands
Subject
Other
ISSN
2213-4476
eISSN
2213-4484
D.O.I.
10.1163/22134484-12340045
Publisher site
See Article on Publisher Site

Abstract

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

Journal

Korean Journal of International and Comparative LawBrill

Published: Jun 4, 2015

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