N. V. Verenigde Deli-Maatschappijen and N. V. Senembah Maatschappij v. Deutsch-Indonesische Tabak-Handelsgesellschaft m.b.H.

Abstract

Jurisdiction — Territorial — Over property — Recognition of foreign — confiscatory legislation — Whether forum may review validity of foreign legislation — Indonesian confiscatory legislation — The law of Germany.

State responsibility — For revocation of concessions — Confiscation — Adequacy of compensation — Conditions of payment — Effect of failure to apply for payment — Effect of unimplemented legislation providing for payment — Discrimination — Former colonial territories — Position of nationals of former colonial authority — Alleged political motivation — Revocation of concessions owned by Netherlands nationals in Indonesia — The law of Germany.

State responsibility — Damages — Whether damages exclusive remedy for illegal act — Effect of illegal taking of alien property — Whether open to review by courts of third States — The law of Germany.

Aliens — Position of — Respect for property — Expropriation Adequacy of compensation — Conditions of payment — Effect of failure to apply for payment — Effect of unimplemented legislation providing for payment — Discrimination — Former colonial territories — Position of nationals of former colonial authority — Alleged political motivation — Revocation of concessions owned by Netherlands nationals in Indonesia — The law of Germany.

Treaties — Termination of — By act of party — Mutual consent — Round Table Conference Agreements of 1949 between Netherlands and Indonesia.

Recognition of acts of foreign States and Governments — Foreign confiscatory legislation — Effect of — Whether forum may review validity of foreign legislation — Validity in relation to international law — Constitutional validity — Relevance of public policy of forum — Lex rei sitae — Extraterritorial effect of — Termination of foreign concession — Crop harvested on land formerly subject of concession — Crop exported to country of forum — Indonesian confiscatory legislation against Netherlands nationals — The law of Germany.