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Carl Zeiss Stiftung v. VEB Carl Zeiss Jena and Others

United States of America.  07 November 1968 ; 02 November 1970 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International law in general — International comity — Duty of United States courts to give effect to actions of friendly, foreign Power which accord with foreign policy objectives of United States Government — The law of the United States

States as international persons — In general — Sovereignty and independence — Conduct of foreign relations — Extent to which courts should take account of government’s foreign policy objectives — Recognition — The law of the United States

States as international persons — In general — Continuity of States — Germany — Present legal status — Whether unified State — Scope of authority of Federal Republic of Germany — The law of the United States

States as international persons — Recognition — Of governments — Consequences of non — recognition of German Democratic Republic — Extent to which United States courts should give effect to United States Government's policy of non — recognition — East Germany — The law of the United States

States as international persons — Succession of governments — In general — Germany — Problems of succession after Second World War — East Germany — Sovereignty — Status of foundation with domicile in part of East Germany — Whether West German State entitled to amend Foundation's domicile — The law of the United States

Jurisdiction — In general — Territorial jurisdiction — Over territory in general and persons and property situated therein — Territorial limits of jurisdiction — Expropriation of foundation's assets — Effect on assets of foundation located outside territory of expropriating State — Trademarks — Act of State doctrine — Territorial limits — Decree amending domicile of foundation — The law of the United States

Jurisdiction — In general — Territorial jurisdiction — Exemptions from and restrictions upon territorial jurisdiction — Foreign States — Member State of Federation — State having limited role in foreign relations — Whether entitled to sovereign immunity — Application of Act of State doctrine — The law of the United States

The individual in international law — Nationality — Nationality of corporations — Domicile — Foundation domiciled in part of East Germany — Whether domicile can be changed by West German authorities — The law of the United States

War and neutrality — War in general — Effects of out break of war — Trading with the enemy — Application of Trading with the Enemy Act to property claimed by East German nationals — The law of the United States

War and neutrality — Warfare on land — Occupation of enemy territory — Nature and effects of the occupation — Germany Potsdam Agreement — Sovereignty in East Germany — Expropriations in the Soviet Zone — The law of the United States

States as international persons — In general — Recognition of acts of foreign States and governments — Unrecognized government Extent to which acts of government not recognized by United States will be given effect by United States courts — East Germany — Recognition of acts of West Germany — Act of State doctrine — Whether applicable to acts of Wuerttemberg — Territorial ambit of Act of State doctrine — Expropriation decree — Effect on ownership of trademarks located outside the jurisdiction of the expropriating State — Comity — Extent to which courts should give effect to government’s diplomatic recognition policy — Warfare — Occupation — Authority of occupying power — Germany — Potsdam Agreement — Trading with the Enemy Act — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1985

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