13th, CASE CONCERNING THE FACTORY AT CHORZÓWTHE IV. of the proceedings in the various cases concerning the Chorzów factory. The Chorzow Factory Case (, Germany v Poland.) Principle: It is a general principle of law as well as International law, that any breach of agreement. T H E FA C T O R Y AT C H O R Z O W (G E R M A N Y v.P O L A N D) 13 Sept. P.C.I.J. (ser. A) No. 17 TOPIC: Cases on Gener.
|Published (Last):||7 October 2006|
|PDF File Size:||7.65 Mb|
|ePub File Size:||8.81 Mb|
|Price:||Free* [*Free Regsitration Required]|
Close Go to full text on: The German Government does not know whether the Polish Government has in mind the general treaty of arbitration facttory at Locarno, according to which any dispute of a legal nature must be submitted to arbitration, and, unless some special arbitral tribunal is agreed upon, to the Permanent Court of International Justice.
A13 Interpretation of Judgments Nos.
factorj These times, which were in the first place fixed to expire on September 30th, November 15th and December 30th,were subsequently extended by successive decisions until November 30th,February 20th and May 7th,respectively. The claim formulated in the same submission, to the effect that payment should be made to the account of the two Companies with the Deutsche Bank at Berlin, is interpreted by the Agent for the 1982 Government as solely relating to the locus solutionis.
If the reparation consists in the payment of a sum of money, the Court may therefore determine the method of such payment. It appears therefore that the Court decides that it has jurisdiction.
Reports  Starke, J. Sign in via your Institution. In the previous proceedings, the Polish Government strongly maintained that the interpretation of this article would not be admissible even as a question incidental and preliminary to the interpretation of Articles 6 to 22 of the Geneva Convention. And should the contents of the registers not be in accordance with the real situation at law, the interested Party may, under paragraphcall upon the person entered to have the entry rectified….
No damage of such a nature has been alleged as regards the Oberschlesische, and it seems hardly conceivable that such damage should exist, for the whole activity of the Oberschlesische was concentrated in the undertaking. This is even the most usual form of reparation ; it is the form selected by Germany in this case and the admissibility of it has not been disputed.
In the judgment the expressions vary: But these matters then constitute merely questions preliminary or incidental to the application of the Geneva Convention. This applies more especially as regards the German submission No.
Bustamante Dissenting Opinion by M. The nonconformity of Poland’s attitude in respect of the two Companies with Article 6 and the following articles of the Geneva Convention is established by No. Without entering into this discussion and without denying the importance which the question of cost of construction may have in determining the value of the undertaking, the Court merely observes that it is by no means impossible that the cost of construction of a factory may not correspond to the value which that factory will have when built.
Chorzów Factory case – Wikipedia
It also has, besides this lien, all rights resulting from possession of the shares, including the right to the greater portion of the price in the event of the sale of these shares.
The price realized in the event of a sale of the shares was in the first place to be devoted to the liquidation of the balance of the Reich’s claim.
A 4 in its Counter-Case: Where the indemnity amount is concerned the court give its reasoning, is the sixth factorh point. I am trying to get a property by giving an amount The value facctory the Bayerische’s option on the factory depended also on the value of the undertaking. General Indexes Other documents.
The impossibility, on which the Parties are agreed, of restoring the Chorzow factory could therefore have no other effect but that of substituting payment of the value of the undertaking for restitution ; it would not be in conformity either with the principles of law or with the wish of the Parties to infer from that agreement that the question of compensation must henceforth be dealt with as though an expropriation properly so called was involved.
This view of the matter, which is in conformity with the general character of an international tribunal which, in principle, has cognizance only of interstate relations, is indicated with peculiar force in this case for the specific reason that the Geneva Convention, with its very elaborate system of legal remedies, has created or maintained for certain categories of private claims arbitral tribunals of a special international character, such as the Upper Silesian Arbitral Tribunal and the German-Polish Mixed Arbitral Tribunal.
In international law no principle can be raised which would establish on this subject a difference between national and international law.
Chorzów Factory case
Until such time the shares will remain in possession of the Reich, which will continue to exercise all rights derived from possession of the shares, including the right to vote at general meetings of shareholders.
This action, notice of which was served upon the respondent Government on January 17th,was withdrawn by the Oberschlesische cborzow Junebefore the Tribunal had been able to give a decision. The contract continued as follows: The machinery and equipment were to be in accordance with the patents and licences of the Company and the experience gained by it, and the Company undertook to manage the factory until March 31st,making use of all patents, licences, experience gained, innovations and improvements, as also of all supply and delivery contracts of which it had the benefit.
For if the factory did not belong to the Oberschlesische Stickstoffwerke, not only would that Company not have suffered damage as a result of dispossession, but chofzow it could not have been subjected to a dispossession contrary to the Geneva Convention, but the Court established by Judgment No.
Divorce in Hindu Law in Bangladesh. The Law and Practice of the International Court.
Dissenting Opinion by M. Ehrlich.
For seeing that, under the contract of December 24th,the Reich had declared that it agreed to leave the. Facttory submission runs as follows in the submissions read by the Agent at the conclusion of his oral Reply: But it would be difficult to understand how these rights could be affected by the payment to the Reich, as an indemnity, of the value of the factory, seeing that, without such a payment, the rights of the Reich in the enterprise would probably lose all value.
It also interpreted the municipal laws as well as customary international laws with a new view of International law 1982 the subject matter of international law. The question before the court was whether Poland can be made liable for such violation of an international agreement. After adding that larger payments in liquidation of the debt would be vase at any time, the contract proceeded: The Article said the parties can go to the court in all or any of the classes chotzow legal dispute concerning a the interpretation of a Treaty; c the existence of any fact which, if established, would constitute a breach of an international obligation d the nature or extent of the reparation to be made for the breach of an international obligation.