Nationalizationa)

Nationalizationa) NATIONALIZATIONa) By Isi FOIGHEL PART III: COMPENSATION § 13. INTRODUCTION The examination of the subject so far has led to thud conclusion that the nationalization of foreign property is legal in itself in inter- national law, unless it is a case of nationalization of state-owned property used in official government service, or the nationalization is in breach of the provisions of a treaty, or it constitutes a violation of the formal principle of equality. On the other hand nationalization raises the question whether a nationalization that is lawful in itself involves a liability in international law for the nationalizing state to pay compensation to the foreigner who is affected by it. If this question is answered in the affirmative the result will be that non-payment of compensation - but not the nationalization in itself - must be regarded as a breach of international law. In that case it must be possible to obtain judgment for compensation, and to employ reprisals or other lawful measures to enforce the law against the state that has not complied its liability to pay com- pensation. § 14. DOES NATIONALIZATION ENTAIL A LIABILITY IN INTERNATIONAL LAW TO PAY COMPENSATION? A. Traditional views. The http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Nordic Journal of International Law Brill

Nationalizationa)

Nordic Journal of International Law, Volume 27 (1): 143 – Jan 1, 1957

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Publisher
Brill
Copyright
© 1957 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0902-7351
eISSN
1571-8107
D.O.I.
10.1163/157181057X00096
Publisher site
See Article on Publisher Site

Abstract

NATIONALIZATIONa) By Isi FOIGHEL PART III: COMPENSATION § 13. INTRODUCTION The examination of the subject so far has led to thud conclusion that the nationalization of foreign property is legal in itself in inter- national law, unless it is a case of nationalization of state-owned property used in official government service, or the nationalization is in breach of the provisions of a treaty, or it constitutes a violation of the formal principle of equality. On the other hand nationalization raises the question whether a nationalization that is lawful in itself involves a liability in international law for the nationalizing state to pay compensation to the foreigner who is affected by it. If this question is answered in the affirmative the result will be that non-payment of compensation - but not the nationalization in itself - must be regarded as a breach of international law. In that case it must be possible to obtain judgment for compensation, and to employ reprisals or other lawful measures to enforce the law against the state that has not complied its liability to pay com- pensation. § 14. DOES NATIONALIZATION ENTAIL A LIABILITY IN INTERNATIONAL LAW TO PAY COMPENSATION? A. Traditional views. The

Journal

Nordic Journal of International LawBrill

Published: Jan 1, 1957

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