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9. Control over and Nationalisation of Netherlands Owned Enterprises in Indonesia

Published online by Cambridge University Press:  21 May 2009

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Abstract

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Type
Netherlands Judicial Decisions: Public International Law
Copyright
Copyright © T.M.C. Asser Press 1960

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References

Notes

1. My attention has been drawn to the fact that, owing to a very concise report in the Nederlandse Jurisprudentie, the statement of the facts of this case on pp. 285–286 of Vol. VII (1960) of this Review is not quite correct.

The contract of credit of September 10, 1956 was not entered into by the branch office of the Senembah Maatschappij at Medan, but by its office at Amsterdam. Before the Amsterdam warehouse issued the warranties, the six lots of tobacco had been shipped to Amsterdam. At first the warranties were in the possession of the Amsterdam office of the Bank Indonesia, but after the levy of the attachment they were handed over to the Twentsche Bank as a trustee. The arrangement concerning the 3476 bales was made with regard to the control over the Senembah estates not in the second half of 1956, but in the second half of 1958.

2. To the literature mentioned in the note, this Review, Vol. VII (1960), p. 287, may be added Martin Domke, “Indonesian Nationalization Measures before Foreign Courts”, American Journal of International Law, Vol. 54 (1960), p. 305 et sqq, who inter alia discusses the above-reportes case.