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Expropriation of American-Owned Property by Foreign Governments in the Twentieth Century*

Published online by Cambridge University Press:  20 March 2017

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Type
Reports
Information
International Legal Materials , Volume 2 , Issue 6 , November 1963 , pp. 1066 - 1110
Copyright
Copyright © American Society of International Law 1963

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Footnotes

*

[Reproduced from a committee print dated July 19, 1963, of the Committee on Foreign Affairs of the United States House of Representatives, 88th Congress, 1st Session. The report was prepared by Mrs. Ellen C. Collier, Foreign Affairs Division, Legislative Reference Service, Library of Congress, at the request of Thomas E. Morgan, Chairman, Committee on Foreign Affairs. The report does not necessarily represent the views of the Committee on Foreign Affairs, the Library of Congress, or any agency of the United States Government.]

References

1 Congressional Record, Apr. 2, 1963, p. 5128.

2 U.S. Department of Commerce, “Factors Limiting U.S. Investment Abroad,” pt. 1, “Survey of Factors In Foreign Countries,” Washington, U.S. Government Printing Office, pp. 6 and 101.

3 Ibid., pp. 46 and 75.

4 “Webster’s New International Dictionary of the English Language,” second edition, unabridged, 1953.

5 Friedman, S., “Expropriation in International Law,” London, Stevens & Sons, Ltd., 1853, p. 3.

6 Wortley, B. A., “Expropriation in Public International Law,” Cambridge, University Press, 1959, p. 24.

7 Note from the Secretary of State of the United States to the Ambassador of Mexico dated July 21, 1938. Department of State Publication 1288, p. 5.

8 Department of State, “Major Instances of Expropriation of Property Belonging to U.S. Nationals Since World War II,” in report of the Committee on Foreign Relations, U.S. Senate, on S.2996, Foreign Assistance Act of 1962, 87th Cong., 2d sess., S. Rept. 1535, p. 93.

9 Madden, John T., Marcus Nadler, and Harry C. Sauvain, “America’s Experience as a Creditor Nation “ New York, Prentice-Hall, 1937, pp. 8-9.

10 White, Gillian, “Nationalisation of Foreign Property,” London, Stevens & Sons, 1961, p. 42.

11 Foighel, Isi, “Nationalization, a Study in the Protection of Alien Property in International Law,” Copenhagen, 1957, p. 19.

12 Wortley, op. cit.,p. 36.

13 Adrlaanse, P., “Confiscation in Private International Law,” The Hague, Martinus Nkjhoff, 1956, p. 8.

14 House Subcommittee on Ways and Means, Subcommittee on Foreign Trade Policy, hearings on “Private Foreign Investment,” Dec. 1-5, 1958, p. 28; and Kuebler, Jeanne, “Protection of Investments In Backward Countries,” Editorial Research Reports, July 11,1962, p. 511.

15 Herz, John H., “Expropriation of Foreign Property,” American Journal of International Law, Apri 1 1941, vol. 35, p. 243.

16 “Major Instances of Expropriation of Property Belonging to U.S. Nationals Since World War II,” op. cit., p. 93.

17 Whiteman, Marjorie M., assistant to the Legal Adviser of the Department of State, “Damages In International Law,” U.S. Government Printing Office, 1943, vol. III, pp. 1643–1645.

18 Nicaraguan Mixed Claims Commission, report submitted to the Secretary of State, Jan. 20, 1915, p. 16.

19 Nicaraguan Mixed Claims Commission, loc. cit.

20 Whiteman, op. cit., p. 1392.

21 U.S. Department of State, arbitration series No. 3, Shufeldt claim, Washington, Government Printing Office, 1832, 911 pages.

22 Hackworth, Green Haywood, “Digest of International Law,” Washington, U.S. Government Printing Office, 1943, p. 588.

23 Hackworth, op. cit., p. 588; Borchard, Edwin, “Diplomatic Protection of Citizens Abroad,” New York, Banks Law Publishing Co., 1925, p. 126.

24 Vinacke, Harold M., “A History of the Far East in Modern Times,” New York, Appleton-Century-Crofts, Inc., 1959, p. 524.

25 Madden, John T., op. cit., p. 266.

26 Bobertson, William Spence, “History of the Latin-American Nations,” New York, D. Appleton-Century Co., 1943, pp. 309-311.

27 Bunyon, James, and H. H. Fisher, “The Bolshevik Revolution, 1917-18,” Stanford University Press, 1934,p. 612.

28 U.S. Department of Commerce, Bureau of Foreign and Domestic Commerce, “Foreign Capital Investments In Russian Industries and Commerce,” translation, miscellaneous series No. 124, by Leonard J. Lewery, Washington, U.S. Government Printing Office, 1923, p. 27.

29 Friedman, S., op. cit., p. 18.

30 U.S. Congress, Senate Committee on Foreign Relations, staff memorandum on claims programs administered by the Foreign Claims Settlement Commission under the International Claims Settlement Act of 1949, as amended, committee print, March 1963, p. 7.

31 U.S. Department of State, “Compensation for American-Owned Lands Expropriated in Mexico,” full text of official notes, July 21, 1937, to Nov. 12, 1937. Department of State publication 1288, inter-American series 12, p. 45.

32 “Major Instances of Expropriation * * *,” op. cit., p. 93.

33 Bemis, Samuel Flagg, “A Diplomatic History of the United States,” New York, Henry Holt, 1955, p. 558.

34 Bemis, op. cit., p. 561.

35 Bemis, op. cit., p. 565.

36 Bemls, S. F., “Latin American Policy of the United States,” New York, Harcourt, Brace & Co., 1943, p. 347.

37 Much of the background information in this section has been taken from: U.S. Congress, H. Doc. 67, 83d Cong., 1st sess., transmitting the supplementary report of the War Claims Commission on “War Claims Arising Out of World War II,” Jan. 16, 1963, and “Settlement of Claims,” by the U.S. Foreign Claims Settlement Commission of the United States and its predecessors from Sept. 14, 1949, to Mar. 31, 1955, U.S. Government Printing Office, June 15, 1955; also U.S. Congress, Senate Committee on Foreign Relations, staff memorandum on claims programs administered by the Foreign Claims Settlement Com-mission under the International Claims Settlement Act of 1949, as amended, committee print, March 1963.

38 Kemer, Robert J., editor, “Yugoslavia,” Berkeley, University of California Press, 1949, p. 421.

39 Information from the Department of State.

40 Information from the Department of State.

41 Note of June 11, 1959, Department of State Bulletin, June 29, 1959, pp. 958-959.

42 Statement of Jan. 11, 1960, Department of State Bulletin, Feb. 1, 1960, p. 158.

43 Note of July 5. 1960, Department of State Bulletin, July 25, I960, p. 141.

44 Statement of July 6, 1960, Department of State Bulletin, July 25, 1960, p. 140.

45 Note of July 16, 1960, Department of State Bulletin, Aug. 1, 1960, p. 171.

46 Note of Sept. 29, 1960; Department of State Bulletin, Oct. 17, 1960, p. 604.

47 Information from the Department of State.

48 Note of Aug. 28, 1953; Department of State Bulletin, Sept. 14, 1953, p. 357.

49 U.S. Department of State, “The Suez Canal Problem, July 26 to Sept. 22, 1956,” p. 31.

50 Ibid., p. 38.

51 Text of “Heads of Agreement.” Department of State Bulletin, June 30, 1958, p. 1097.

52 “Major Instances of Expropriation,” op. cit., p. 94.

53 Wall Street Journal, Feb. 1, 1963, p. 8.

54 New York Times, Apr. 23, 1963, p. 54.

55 Agency for International Development, background information, press release of Feb. 8, 1963.

56 Washington Post, Feb. 10, 1963, p. C–10.

57 Washington Post, Feb. 25, 1962, p. A-16.

58 Department of State press release 183, Apr. 8, 1963.

59 Hackworth, op. cit., vol. III, p. 654.

60 Aide memoire to Guatemala, Aug. 28, 1953, Department of State Bulletin, Sept. 14, 1953, p. 359.

61 Department of State Publication 1288, op. cit., p. 5.

62 Aide memoire to Guatemala, Aug. 28, 1953, loc. cit.

63 Note of June 11, 1959, Department of State Bulletin, June 29, 1963, p. 959.

64 Aide memoire to Guatemala, Aug. 28, 1953, loc. cit.

65 Address by Under Secretary Ball, May 12, 1962, Department of State Bulletin, June 4. 1962, p. 915.

66 Ibid.

67 U.S. Congress, Senate Committee on Foreign Relations, hearing on Foreign Assistance Act of 1962, p. 27.

68 Note of June 11, 1959, Department of State Bulletin, June 29, 1969, p. 958.

69 Gantenbein, James W., “The Evolution of Our Latin American Policy, a Documentary Record,” New York, Columbia University Press, 1950, pp. 361-362.

70 Sec. 629(e).

71 U.S. Congress, Senate Committee on Foreign Relations, hearings on Foreign Assistance Act of 1962, p. 588.

72 Ibid.

73 Ibid.

74 Congressional Record, Mar. 18, 1983, p. 4182.

75 Committee To Strengthen the Security of the Free World. Report to the President of the United States, “Scope and Distribution of U.S. Military and Economic Assistance Programs,” Mar. 20, 1963, p. 3.

76 Letter of First Secretary of the Embassy of Ceylon, Washington Post, Feb. 25, 1962, p. A-16.

77 Protection of private investments overseas, U.S. Congress, House, hearings before an Ad Hoc Subcommittee of the Committee on Foreign Affairs on H.J. Res. 160, Feb. 28 to Mar. 13, 1957, p. 14.

78 Ibid.

79 Wilson, Robert R., “Property-Protection Provisions in U.S. Commercial Treaties,” American Journal of International Law, January 1951, p. 91.

80 Wilson, op. cit., p. 96.

81 Wilson, op. cit., p. 98.

82 Hearings on H.J. Res. 160, op. cit., p. 15.

83 Hearings on H.J. Res. 160, p. 14.

84 Department of State; friendship, commerce, and navigation and similar treaties in force in whole or in major part.

85 U.S. Congress, Senate Committee on Foreign Relations, hearings on Foreign Assistance Act of 1902, p. 603.

86 Not yet in force as it must be ratified by Uruguayan Legislature.

87 Agency for International Development, Investment Guaranties Division, Office of Development Finance and Private Enterprise. Cumulative report of all specific risk investment guarantees issued since the beginning of the program through Mar. 31, 1963.

88 Senate hearings, p. 606.

89 Ibid.

90 Cumulative report, op. cit.

91 Foreign Assistance Act of 1961 as amended, sec. 221(b)(2).

92 White, op. cit., p. 265.

93 Op. cit., p. 251.

94 White, op. cit., p. 248. According to White, only three treaties not involving the United States have been concluded in the postwar period with specific expropriation provisions: Treaty of Commerce Between India and Afghanistan, Apr. 4, 1950; Commercial Treaty Between Poland and Czechoslovakia, 1947; Treaty of Commerce, Establishment and Navigation, Mar. 2, 1959.

95 White, op. cit., p. 251.

96 Convention respecting the limitation of the employment of force for the recovery of contract debts, Malloy, William M., “Treaties, Conventions, International Acts, Protocols, and Agreements, 1776-1909,” p. 2254.

97 Friedman, op. cit., pp. 101-105.

98 League of Nations, International Conference on the Treatment of Foreigners, Geneva, Nov. 5, 1929, preparatory documents. Series of League of Nations publications II. “Economic and Financial, 1929,” II-5, p. 3.

99 Conference for the Codification of International Law, The Hague, Mar. 13, 1930, first report submitted to the Council by the Preparatory Committee for the Codification Conference, League of Nations Document C-73, M-38, 1929, V., reprinted in supplement to the American Journal of International Law, vol. 24, 1930, p. 24.

100 United Nations Commission on Human Rights, report of the 10th session, Economic and Social Council official records: 18th session, supp. No. 7, Feb. 23 to Apr. 16, 1954.

101 Hyde, James N., “Permanent Sovereignty Over Natural Wealth and Resources,” American Journal of International Law, October 1956, p. 856.

102 Ibid.

103 Ibid.

104 Resolution 626 (VII).

105 “U.S. Participation in the United Nations,” 1952, p. 110.

106 Hyde, p. 854.

107 Schwebel, Stephen M., “The Story of the U.N.’s Declaration on Permanent Sovereignty Over Natural Resources,” American Bar Association Journal, May 1963.

108 Ibid.

109 “Havana Charter for an International Trade Organization,” Mar. 24, 1948, Department of State publication 3117, ch. III.

110 Pan American Union, “Economic Agreement of Bogota,” law and treaty series No. 25, Washington, D.C., 1948.

111 Mecham, J. Lloyd, “The United States and Inter American Security, 1889-1860,” Austin, University of Texas Press, 1961 p. 316.

112 International Chamber of Commerce, “Attracting Foreign Investment,” brochure 200, March 1959.

113 White, op. cit., p. 270.

114 Becker, Loftus, legal adviser to the Department of State. “Just Compensation in Expropriation Cases: Decline and Partial Recovery.” Department of State Bulletin, June 1, 1959, p. 787.

115 Cited in Becker, op. cit., p. 787.

116 Lee, Edward G., “Proposal for the Alleviation of the Effects of Foreign Expropriatory Decrees Upon International Investments,” Canadian Bar Review, vol. XXXVI, September 1958, p. 357.

117 Miller, Arthur S., “Protection of Private Foreign Investment by Multilateral Convention,” American Journal of International Law, vol. 53, April 1959, p. 371.

118 Organization for Economic Cooperation and Development, draft convention on the protection of foreign property, art. 3.

119 Barlbw, E. R., and Ira T. Wender, “Foreign Investment and Taxation,” Englewood Cliffs, Prentice-Hall, 1955, p. 210.

120 Statement by Richard Wagner, board chairman of the U.S. Chamber of Commerce, quoted in “Editorial Research Report,” July 11, 1962, p. 500.

121 Letter to editor from First Secretary of Ceylon, op. cit.