Attorney-General of the United States v. NV Bank voor Handel en Scheepvaart

Abstract

States as international persons — In general — Recognition of acts of foreign States and governments — Confiscation of enemy property during Second World War — Property situated in confiscating State — Whether municipal courts have jurisdiction to examine legality under international law of confiscation by foreign State — Whether retention of confiscated assets following termination of hostilities violates international law — United States Trading with the Enemy Act 1917 — The law of the Netherlands

The individual in international law — Aliens — Position of — Respect for property — Expropriation — Wartime confiscation of property of enemy aliens — Whether amounts to permanent deprivation of ownership — Whether retention of confiscated assets following termination of hostilities violates international law — United States Trading with the Enemy Act 1917 — The law of the Netherlands

War and neutrality — War in general — Effects of outbreak of war — On enemy subjects with regard to their property and other rights — United States Trading with the Enemy Act 1917 — Confiscation of enemy property — Property situated in confiscating State — Whether municipal courts have jurisdiction to examine legality under international law of confiscation by foreign State — The law of the Netherlands

War and neutrality — War in general — Enemy character — Of corporations — Control test — United States Trading with the Enemy Act 1917 — The law of the Netherlands

War and neutrality — War in general — Enforcement of the laws of war — Compensation and reparation — Right to seize assets of subjects of aggressor State as reparation for war damage — Whether limited by international law to cases where treaty requires national State to compensate its subjects — The law of the Nether lands

i.—Over Territory in general and Persons and Property situated therein. Territorial Limits of Jurisdiction. Expropriation of Alien Property.

Jurisdiction — In general — Territorial — Territorial limits of jurisdiction — Expropriation of alien property — Confiscation of enemy property during Second World War — United States Trading with the Enemy Act 1917 — Property situated in confiscating State — Whether municipal courts have jurisdiction to examine legality under international law of confiscation by foreign State — Whether wartime confiscation amounts to permanent deprivation of ownership — Whether retention of confiscated assets following termination of hostilities violates international law — Right to seize assets of subjects of aggressor State as reparation for war damage — Whether limited by international law to cases where treaty requires national State to compensate its subjects — Enemy character of corporations — Control test — The law of the Netherlands