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Compensation for Nationalized Property: The British Practice

Published online by Cambridge University Press:  30 March 2017

Alfred Drucker
Alfred Drucker*
Affiliation:
Of Lincoln’s Inn, Barrister at Law
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Extract

The United Kingdom, like the United States, tried after the last war to protect the interests of its citizens in the many Central and Eastern European countries in which first the means of production and not much later the means of distribution were “nationalized.” Its success in these endeavors was about as disappointing as that of the United States. Neither the United Kingdom nor the United States succeeded in protecting in these countries the individual rights of their citizens by means of diplomatic intervention. The disintegration of the conception of property rights in Europe has gone so far that no individual claimant seems to have been able to obtain full satisfaction. Only where timely economic countermeasures were taken against the confiscating states could compensation agreements be concluded which provide for some measure of compensation.

Type
Research Article
Information
American Journal of International Law , Volume 49 , Issue 4 , October 1955 , pp. 477 - 486
Copyright
Copyright © American Society of International Law 1955

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References

1 Cmd. 7600.

2 Cmd. 7797.

3 Statutory Instruments, 1950, No. 1192.

4 H. M. Stationery Office, Cmd. 9343.

5 See Dept. of State Bulletin, Jan. 5, 1947, p. 28.

6 14. Geo. V, e. 12

7 Statutory Instruments, 1950, No. 1192.

8 Statutory Instruments, 1950, No. 1191.

9 Statutory Instruments, 1950, No. 2042.

10 See the interesting study by Mr. Z. R. Rode, 47 A.J.I.I. 619 (1953).

11 Ibid. 617, 622.

12 11 … 12 Geo. 6, c. 56.

13 See Rex v. Northumberland Compensation Appeal Tribunal ex parte Shaw, [1951] 1 K.B. 711.

14 See 36 Grotius Society Transactions 75–114 (1951).

15 University of Chicago Law Review, 1949–1950, pp. 460–477.

16 See Rode, 47 A. J. I. L. 623 et seq. (1953).

17 Ibid. 629.

18 Ibid. 625.

19 Ibid. 628.

20 Ibid. 622.

21 14 Geo. 6, e. 12.

22 Statutory Instruments, 1954, Nos. 219, 220, 221.