Hostname: page-component-cd9895bd7-dzt6s Total loading time: 0 Render date: 2024-12-26T05:44:16.222Z Has data issue: false hasContentIssue false
  • English
  • Français

Remarks by Robert K. Goldman

Published online by Cambridge University Press:  28 March 2017

Robert K. Goldman
Get access Rights & Permissions [Opens in a new window]

Abstract

Since Mr. MacCrate has traced the events in Chile which have lead Braden to institute legal proceedings in Europe to recover its allegedly confiscated copper and their proceeds, I think it important to state the legal theory upon which the company is basing its actions. Braden is asserting ownership rights in copper and other products derived from E1 Teniente mine on the ground that the constitutionally mandated procedures for valuating El Teniente’s assets, as applied, fell below the minimum standards required by international law and thereby resulted in the confiscation of Braden’s equity position in El Teniente. Accordingly, the Company argues that any rights acquired by Chile by virture of the nationalization are without legal effect.

Type
Recovering Confiscated Assets and Capturing Sanctioned Goods: Extant and Prospective Remedies
Information
American Journal of International Law , Volume 67 , Issue 5: Proceedings of the 67th Annual Meeting Washington, D.C. April 12-14, 1973 , November 1973 , pp. 78 - 80
Copyright
Copyright © American Society of International Law 1973

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Footnotes

*

Washington College of Law, The American University