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Administrative Decision No. I: Announcing Definitions and General Governing Principles and Dealing with the Functions and Jurisdiction of the Commission

Published online by Cambridge University Press:  04 May 2017

Abstract

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Type
Judicial Decisions Involving Questions of International Law
Copyright
Copyright © American Society of International Law 1927

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Footnotes

*

Established in pursuance of the agreement between the United States, Austria, and Hungary which became effective December 12, 1925. Edwin B. Parker, Commissioner; Robert W. Bonynge, American Agent; Ernst Prossinagg, Austrian Agent; Alexis de Boer, Hungarian A gent.

Lettered footnotes and references in brackets inserted by the Managing Editor of the Journal

References

* [Printed in Supplement to this Journal , p. 119.]

1 See Section 5 of the peace resolution approved by the President of the United States July 2, 1921, incorporated in the Treaties of Vienna and of Budapest, and paragraphs numbered (1) and (2) of Article I of the Tripartite Agreement

[The Treaty of Vienna is printed in the Supplement to this Journal , Vol. 16 (1922), p. 1; the Treaty of Budapest, ibid., p. 13; and the Tripartite Agreement, ibid., Vol. 20 (1926), p. 51.]

2 See paragraph 4 of the annex to Section IV of Part X of the treatie.The third category of Article I of the Tripartite Agreement confers jurisdiction on the Commission to pass upon “ Debts owing to American citizens by the Austrian and/or the Hungarian Governments or by their nationals.”

3 This language follows like provisions in the Treaty of Versailles (Article 232 and Annex I) where Germany undertakes to make compensation for defined categories of damages including those inflicted by Germany's allies as well as by Germany herself. No claim has been pressed by the United States and no award made against Germany in any case of injury inflicted solely by the Government of Austro-Hungary or the former Austrian Empire or the former Kingdom of Hungary or their respective agents

4 Wapa v. Republique d’Autriche, Austro-Yugoslavian Mixed Arbitral Tribunal, III Decisions of Mixed Arbitral Tribunals (hereinafter referred to as “ Dec. M. A. T.” ), 720.