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The Judicial and Administrative Procedures Involved in the Chilean Copper Expropriations

Published online by Cambridge University Press:  28 March 2017

Samuel A. Stern
Samuel A. Stern*
Affiliation:
Of the District of Columbia Bar
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Abstract

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Type
The Chilean Nationalizations and International Law
Information
American Journal of International Law , Volume 66 , Issue 5: Proceedings of the Sixty-Sixth Annual Meeting of the American Society of International Law , 1972 , pp. 205 - 213
Copyright
Copyright © American Society of International Law 1972

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References

1 A translation appears at 10 I.L.M. 1067 (1971).

2 Composed of two Supreme Court justices and three persons appointed by the President with the approval of the Senate, this Tribunal entertains controversies between Congress and the Executive on constitutional issues relating to legislation.

3 10I.LJM. 1240 (1971).

4 Translation appears at ibid. 1235.

5 Translation appears at ibid. 1240.

6 The 1969 agreements between Codelco and Anaconda’s subsidiaries provided for resolution of all disputes by binding arbitration. Limited judicial review would have been available. The Constitutional Amendment, vesting exclusive jurisdiction in the Tribunal, also abrogated these agreed arrangements for arbitration.

7 2 Y.B. Int’l Comm’n 16 (1959). See also Fifth Report, 2 Y.B. Int’l Comm’n 67 (Art. 7) (1960); Draft Convention on the Responsibility of States for Injuries Caused in Their Territory to the Person or Property of Aliens, Art. 3, GERMAN INT'L LAW ASSOC. (1930).

8 Anglo-Iranian Oil Co. case (United Kingdom v. Iran), Preliminary Objection, [1952] I.C.J. 92, dissenting opinion of Judge Carneiro, 151, 165-66. (The majority of the Court did not reach this issue, since it held that it lacked jurisdiction over the parties.)

9 Op. ctt. supra note 7, Art. 3(2).

10 Letter from U. S. State Department, Assistant Legal Adviser for International Claims (English) to Univ. of Pennsylvania Law Rev., July 8, 1959, quoted at 8 Whiteman, Digest Of International Law 1063 (1967).

11 See Garcia-Amador, op. cit. supra note 7; Draft Convention on the International Responsibility of States for Injuries to Aliens, �B, Art. 6, Harvard Law School (1961); Principles of International Law that Govern the Responsibility of the State in the Opinion of Latin American Countries, Art VHI(a), Inter-American Judicial Committee (1962).

12 Draft Convention, Harvard Law School, Art. 8, op. cit. supra note 11.

13 Op. cit. supra note 10 at 1063-65.