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Compensation for War Damage to American Property in Allied Countries

Published online by Cambridge University Press:  20 April 2017

C. Arnold Fraleigh
C. Arnold Fraleigh*
Affiliation:
Department of State
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Extract

The American national who suffered war damage to property on territory of an enemy country during World War II is encouraged by the progress already made on the peace treaties to believe that the duty to provide compensation for his damage will be imposed directly upon the government of the enemy country. Upon the coming into force of the peace treaties with Italy, Bulgaria, Hungary, Roumania, and Finland, each of those countries will be obliged to provide for damage to property of United Nations nationals in its territory compensation equal to two-thirds of the sum necessary to purchase similar property or to make good the loss suffered. If a similar pattern is followed when the treaties with Germany, Austria, and Japan are written each of those countries will also be obliged to provide compensation for damage to property of United Nations nationals on its territory.

Type
Research Article
Information
American Journal of International Law , Volume 41 , Issue 4 , October 1947 , pp. 748 - 769
Copyright
Copyright © American Society of International Law 1947

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References

1 Treaties of Peace with Italy, Bulgaria, Hungary, Roumania and Finland, Department of State Publication 2743.

2 The War Damage Insurance Act, 15 USCA 606b-2, 56 Stat. 175.

3 The Marine War Risk Insurance Act, 46 USCA 1128 and 1128a, 54 Stat. 689-690.

4 The Philippine Rehabilitation Act, 50 USCA 1751-1763, 60 Stat. 128.

5 United Kingdom: See R. M. Montgomery, War Damage Act 1941, and supplements. France : Law No. 46-2389 of October 28, 1946, published in the Journal Official of October 29, 1946. Netherlands : Staatsblad F255 of November 9, 1945.

6 50 USCA 1760(5).

7 50 USCA 1752(a).

8 Law No. 46-2389 of October 28, 1946, Article 6.

9 Staatsblad F255, November 9, 1945, Article 1.

10 Resolution 3 of the Final Act of the Conference, State Department Publication 2584, The Distribution of Reparation from Germany, p. 19.

11 Australia: See the recital of laws appearing in Part I, National Security (War Damage to Property) Regulations, Statutory Rules 1946 No. 176, published in the Commonwealth Gazette on December 5, 1946.

12 India: The War Risks (Goods) Insurance Ordinance (No. IX of 1940), War Risks (Factories) Insurance Ordinance (No. IX of 1942), and War Risks (Inland Vessels) Insurance Ordinance (No. XXV of 1943).

13 New Zealand: War Damage Act, 1941, No. 17, as amended, and Earthquake and War Damage Act, 1944, No. 15.

14 See reference to Malayan War Risks (Goods) Insurance legislation in paragraph 4 of the Terms of Reference of the Malayan War Damage Commission.

15 Declaration by United States and French Governments on Commercial Policy and Related Matters, May 28, 1946, Article VII ; Department of State Bulletin, June 9, 1946, p. 997; Exchange of Notes between British and French Governments on December 8, 1946, British Treaty Series No. 60 (1946). See with reference to filing of claims by American nationals under French law, Department of State Bulletin, January 26, 1947, p. 166 and July 20, 1947, p. 143.

16 Department of State Bulletin, August 17, 1947, p. 332.

17 Order of April 4, 1941 on the War Damage Insurance Corporation for Buildings, published in Norsk Lovtidens for 1941, Nr. 15, pp. 200-211.

18 Provisional Law of July 19, 1946 on War Damage Insurance for Buildings.

19 Same, Section 9, para. 2.

20 Provisional Law on Compensation for Certain Damages and Losses as a Result of the War, 1940-1945, effective April 25, 1947, published in Norsk Lovtidens, Nr. 15, 1947, pp. 247-251, Section 17.

21 See, for example, Danish Law No. 218 of 1940 concerning War Risk Insurance of Household Goods, effective April 30, 1940.

22 50 USCA 1752(b)(1).

23 Philippine War Damage Commission, Opinion L-7 of July 8, 1947.

24 Malloy, Treaties, Vol. II, p. 1765, Article II.

25 Philippine War Damage Commission, Opinion L-7 of July 8, 1947.

26 Department of State Bulletin, June 23, 1946, p. 1083.

27 Same, August 18, 1946, p. 336.

28 Same, August 24, 1947, p. 398.

29 Same, August 24, 1947, p. 376.

30 Staateblad F255 of November 9, 1945, Article 1(3).

31 French Law No. 46-2389 of October 28, 1946.

32 China : See note of January 27, 1947 from Chinese Ministry of Foreign Affairs to American Embassy at Nanking, reported in despatch 541 of March 5, 1947 from Embassy to the Department. Czechoslovakia: Decree No. 64 of August 31, 1945, and Order of the Minister of the Interior of September 3, 1945 Yugoslavia: Decree of Council of Ministers of April 2, 1945 (Official Gazette No. 20 of April 10, 1945) and Rules issued by Premier on June 10, 1945 (Official Gazette No. 44 of June 26, 1945).

33 H. R. 4044, 80th Congress, 1st Session.

34 House Report No. 976, 80th Congress, 1st Session.

35 Hackworth, G. H., Digest of International Law. , 1943, Vol. V, p. 802 Google Scholar.

36 Moore, , International Arbitrations. , 1898, Vol. 111, pp. 2350–2360.Google Scholar

37 Same, p. 2353.

38 Moore, , Digest of International Law. , 1906, Vol. VI, p. 934 Google Scholar.

39 See, for example, Article 80 of the Italian treaty.

40 See, for example, Article 79 of the Italian treaty.

41 Department of State Bulletin, August 24, 1947, p. 376.

42 Final Act of Paris Conference on Separation, Part I, Article 2A, Department of State Publication No. 2584, The Distribution of Separation from Germany, p. 12.

43 Unclassified portion of Final Report on the Paris Conference on Separation, submitted to the Secretary of State by James W. Angeli on February 18, 1946, p. 123.

44 See article by John B. Howard, The Paris Agreement on Reparation from Germany, Department of State Publication No. 2584.

45 Department of State Bulletin, June 1, 1947, p. 1069.

46 Unclassified portion of Final Report on the Paris Conference on Separation, submitted to the Secretary of State by James W. Angeli on February 18, 1946, p. 124.

47 Hack-worth, Digest, Vol. III, p. 577.

48 Article I; Malloy, Treaties, Vol. I, p. 91.

49 At present, however, the French Government excludes from compensation damage for which compensation is payable under the laws of any Allied government. Law No. 46-2389 of October 28, 1946, Articles 8 and 17.

50 The Philippine Rehabilitation Act says nothing about whether the Philippine War Damage Commission may deduct from the benefits payable to an eligible foreign national whatever compensation the foreign national receives from his own government. Should deductions be required, the Commission will not be able to divide the compensation fund among Philippine, American, and Allied claimants until it determines how much eligible Allied nationals will receive from their own governments.

51 House Report No. 976 on H. R. 4044, 80th Congress, 1st Session, pp. 2-3.

52 50 USCA 1754(c).

53 See with reference to the Netherlands, Department of State Bulletin, August 10, 1947, p. 299.

54 Same, June 15, 1947, p. 1161.