Austrian Citizen's Entitlement to Compensation (Germany) Case.

Abstract

State succession — To obligations for delinquencies — Delictual liability incurred by German Reich — Claims of foreign individuals against "Germany" waived by claimants' national State Whether waiver effective as against Federal Republic of Germany — Austrian State Treaty, 1955, Article 23 (3) — The law of Germany.

Treaties — Operation of — Effect of municipal legislation — Waiver by treaty of claims arising from delictual responsibility of foreign State — Waiver on behalf of individual citizens by national State Effectiveness of waiver quoad claims vested in individuals by virtue of municipal legislation of foreign State — Austrian State Treaty, 1955, Article 23 (3), and waiver of claims against Germany — London Debt Agreement, 1953, Article 5 — Convention on Settlement of Matters Arising out of the War and the Occupation, 1954, Chapter 4 — The law of Germany.

War — Termination of — Distinction between measure imposed upon ex — enemy State by Occupying Powers and treaty entered into by all parties as sovereign States — Juridical basis of Settlement Convention between three Western Powers and Federal Republic of Germany — Whether based on powers of Occupants — The law of Germany.

State responsibility — Claims — State control over private claims — Waived by claimants' national State in treaty — Whether effective to include clamis under municipal law of foreign State — Austrian State Treaty, 1955, Article 23 (3) — Waiver by Austria of claims of Austrian citizens against Germany — Whether waiver effective to exclude claims under German municipal law — german Compensation Law of 1956.