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The 1968 Amendments to the International Claims Settlement Act of 1949

Published online by Cambridge University Press:  28 March 2017

Zvonko R. Rode
Zvonko R. Rode*
Affiliation:
Foreign Claims Settlement Commission of the U. S.
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Type
Notes and Comments
Information
American Journal of International Law , Volume 63 , Issue 2 , April 1969 , pp. 296 - 304
Copyright
Copyright © The American Society of International Law 1969

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References

1 64 Stat. 12; 22 U.S.C. Sees. 1621-1627 (1950); 45 A.J.I.L. Supp. 58 (1951).

2 62 Stat. 2658; T.I.A.S., No. 1803 (1948).

3 67 Stat. 506 (1953); Eeorganization Plan No. 1 of 1954, 68 Stat. 1279 (1954); 69 Stat. 562 (1955); 72 Stat. 527 (1958); 78 Stat. 1110 (1964); 80 Stat. 1365 (1966) and 82 Stat. 420 (1968). For proceedings before the Foreign Claims Settlement Commission see “Settlement of Claims by the Foreign Claims Settlement Commission of the United States and Its Predecessors” (Washington, 1955); Foreign Claims Settlement Commission Semiannual Eeports to the Congress numbered 1-25 (1954-1966); Annual Eeport to Congress for the Year 1967 (Washington, 1968), “Foreign Claims Settlement Commission of the United States, Decisions and Annotations” (Washington, 1968). See also Bichard B. Lillich, International Claims, Their Adjudication by National Commissions (Syracuse, 1962) and comprehensive bibliography cited therein. Authoritative background information is included in Edward D. Ee, “The Foreign Claims Settlement Commission, Its Functions and Jurisdiction,” 60 Michigan Law Beview 1079 (1962), and idem, “The Foreign Claims Settlement Commission and the Adjudication of International Claims,” 56 A.J.I.L. 728 (1962). An historical review is to be found in Ee, “The Foreign Claims Settlement Commission, Completed Claims Programs,” 3 Virginia Journal of International Law 101 (1963), and “International Law and the Foreign Claims Settlement Commission,” 23 Federal Bar Journal 79 (1963).

4 Under 69 Stat. 562 (1955) and 72 Stat. 527 (1958)

5 Public Law 90-421, approved July 24, 1968, 82 Stat. 420.

6 Bulgaria: 61 Stat. 1953, 42 A.J.I.L. Supp. 179 (1948); Bumania: 61 Stat. 1799, 42 A.J.I.L. Supp. 252 (1948).

7 69 Stat. 571, 22 U.S.C. Sec. 1641a et seq. (1955).

8 Senate Eeport No. 836 accompanying H.B. 9063, 90th Cong., 1st Sess., pp. 3 and 4.

9 11 U. S. Treaties 317 (1960), T.I.A.S., No. 4451 (1960); 54 A.J.I.L. 742 (1960).

10 14 U. S. Treaties 969 (1963), T.I.A.S., No. 5387 (1963).

11 April 24, 1941, is a date established by the Peace Treaty with Bulgaria in Art. 23. From that date Bulgaria began to discriminate against enemies and alleged enemies of the Axis countries.

12 Sept. 1, 1939, is the date when war began in Europe; Sept. 12, 1944, the date of the Armistice with Eumania.

13 Oct. 28, 1944, is the date of the Armistice with Bulgaria.

14 Sec. 303 of the Act. See also 11th Semiannual Report to the Congress by the Foreign Claims Settlement Commission for the period ending Dec. 31, 1959.

15 Sec. 8 of Public Law 90-421, now Sec. 302(b) of Title I I I of the Act.

16 “Secs. 9 and 10 of Public Law 90-421 (1968 amendments).

17 Sec. 13, Ibid.

18 Sec. 12, ibid.

19 61 Stat. 3990 (1947), T.I.A.S., No. 1757 (1947); 42 A.J.I.L. Supp. 152 (1948).

20 6I Stat. 1403, 1404, 1405 and 1406 (1947); 42 A.J.I.L. Supp. 76 (1948).

21 Senate Beport No. 836 accompanying H.E. 9063, 90th Cong., 1st Sess., p. 4.

22 Sec. 11 of Public Law 90-421 (1968 amendments).

23 Under the Italian Peace Treaty Italy ceded certain sparsely inhabited Alpine areas to France, the Dodecanese Islands to Greece, certain territories to Yugoslavia (some directly and some as part of the Free Territory of Trieste, later divided between Italy and Yugoslavia), and renounced all right and title to the former Italian colonies of Libya, Eritrea and Italian Somaliland.

24 Public Law 87-846, approved Oct. 22, 1962, 76 Stat. 1107 (1962).

25 A case in point is the claim of Florence Strunsky Mergé, reported in 50 A.J.I.L. 154 (1956), which was denied on the ground that claimant was “dominantly” an Italian national, because Mrs. MergS was living permanently outside of the United States, traveled on an Italian passport, and was married to a diplomatic official of the Government of Italy.

26 Sec. 11 of Public Law 90-421, now Sec. 304(4) of the Act.

27 Sec. 1 of Public Law 90-421.

28 Sec. 317 of Title III of the Act.

29 Sec. 414 of Title IV of the Act.

30 Sec 512 of Title V of the Act.

31 Sec. 8(c) of Title I of the Act.

32 Sec. 2 of Public Law 90-421 (1968 amendments).

33 Sec. 3, ibid.

34 Subsec (e) of Sec. 7 of Title I of the Act.

35 Sec. 5 of Public Law 90-421.

36 40 Stat. 411 (1917).

37 Sec. 202 of Title I I of the Act.

38 Sec. 7 of Public Law 90-421.

39 New Sec. 216(b) of Title II of the Act.

40 20 F.B. 8363 (1955).