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Government of the Kingdom of Greece (in behalf of Apostolidis) v. Federal Republic of Germany.

Arbitral Commission on Property, Rights and Interests in Germany.  11 May 1960 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

State responsibility — Claims — Espousal of claim of national — Adoption of such claim by Government — Whether constituting claim different from national's claim.

State responsibility — Claims — Claims of individuals — Participation of Government in procedure — Absorption of individual claim by claim forwarded by Government in same case — Time-limits.

Treaties — Interpretation of — Principles of — Clear text — Natural meaning of terms — Grammatical and literal interpretation — Insufficiency of — Teleological interpretation — Resort to travaux préparatoires — Multilateral treaties — Invocation of travaux préparatoires against State not an original party — Position of signatory Parties and acceding Parties — Whether different.

Arbitration — Procedure — Procedure before tribunal — Written arguments — Contents of claim — Supposed error in formulating — Requirements regarding presentation of claims.

Arbitration — Procedure — Procedure before tribunal — Preliminary hearings and decisions — Arbitral Commission on Property, Rights and Interests in Germany.

Arbitration — Procedure — Competence — Extent to which arbitral tribunal bound by decisions of other bodies-Arbitral Commission on Property, Rights and Interests in Germany.

Arbitration — Evidence — New evidence — Meaning of — Strict interpretation.

Treaties — Special kinds of — Treaties of peace — Analogous instruments — Convention on Settlement of Matters Arising out of the War and the Occupation, 1952–1954 — Chapter Five — Restitution under Convention — Decisions of occupying authorities on restitution prior to conclusion of Convention — Validity of such decisions under Convention — Payment of compensation in lieu of restitution — Exceptional character of such payment — Determination of amount to be paid — Conditions to be fulfilled by party claiming compensation — Identification of restitutable property — Meaning of — Postponement of reparation for war damage until conclusion of treaty of peace with Germany — Problem of reparations in such treaty — Treaties other than Settlement Convention — Relation between these two sources.

Type
Case Report
Copyright
© Cambridge University Press 1967

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