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Sociedad Minera el Teniente SA v. Norddeutsche Affinerie AG
Published online by Cambridge University Press: 01 January 2021
Abstract
States as international persons — In general — Recognition of acts of foreign States and governments — Expropriation without reasonable compensation — Effect of expropriation on assets situated outside expropriating State — Effect on assets situated within expropriating State — Principle of territoriality — Acts of foreign governments involving violations of international law — Whether municipal courts must deny recognition to such acts — Violations of public policy — The law of the Federal Republic of Germany
The individual in international law — Aliens — Position of — Respect for property — Expropriation — Lack of reasonable compensation — Action for recovery of assets — Effect of expropriation on assets situated outside expropriating State — Effect on assets situated within expropriating State — Principle of territoriality — Violations of international law — Violations of public policy — Expropriation directed specifically against foreigners — Lack of legal recourse Whether municipal courts must deny recognition to such acts — The law of the Federal Republic of Germany
Jurisdiction — In general — Territorial — Territorial limits of jurisdiction — Expropriation of alien property — Expropriation without reasonable compensation — Action for recovery of assets by “split company” (Spaltgesellschaft) established outside expropriating State as a result of expropriation — Effect of expropriation on assets situated outside expropriating State — Effect on assets situated within expropriating State — Principle of territoriality — Acts of foreign governments involving violations of international law — Whether municipal courts must deny recognition to such acts — Violations of public policy — Expropriation directed specifically against foreigners — Lack of legal recourse — Requirement of close connection between subject matter and forum State — The law of the Federal Republic of Germany
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