Saturday, June 11, 2011

PCIJ important cases

1923
S.S. Wimbledon Case
The Treaty of Versailles had said that the Kiel Canal in Germany had to be open to all shipping.  The French and German governments came to the PCIJ because Germany had stopped the SS Wimbledon using the canal, because it was carrying weapons to Poland.
The Court ruled that Germany was wrong to close the Canal to the SS Wimbledon, and ordered the German government to pay 140,000 francs reparations to France.

1924-7
Mavrommatis Palestine Concessions Case
The Greek government complained that the British government in Palestine was refusing to honor contracts (to set up lighting and water and tramways in the city of Jerusalem) awarded before 1914 to a Greek citizen, Mr Mavrommatis. 
The German government complained that the Polish government had been taking over land owned by Germans in the part of Upper Silesia given to Poland after the Treaty of Versailles.
The PCIJ found that the Polish government had no right to do so, and ordered the Poles to return the land.

1927
Case Concerning the Factory at Chorzow
 
The German government complained that the Polish government had taken over a factory owned by a German company in the part of Upper Silesia given to Poland after the Treaty of Versailles.
The PCIJ found that the Polish government had no right to do so, and ordered the Poles to pay compensation.
1927-9
Belgium-China Case
A Treaty of 1865, between China and Belgium, included clauses which it said could be ‘denounced’ (i.e. cancelled) after 10 years.  In 1926, the Chinese government denounced these clauses.  Belgium complained to the PCIJ, claiming that the treaty did not give China the right to do so without negotiating with the Belgian government. 
The case came before the PCIJ six times, before the Belgian government withdrew it case.

1927
The French government complained to the PCIJ when the Turks put a French captain who had sank a Turkish steamer on trial for negligence.  The French claimed that Turkey did not have that right since the incident had happened on the High Seas.
The PCIJ ruled that the Turks DID have the right, even though the incident had not happened in Turkish waters.
1929
Repayment of loans
Complaints were brought by the French government against the governments of Brazil and Serbia, which had started repaying the interest on loans in government bonds.
The PCIJ ruled that interest had to be paid in currency, and at the exchange rates of the time.

Source: http://www.johndclare.net/league_of_nations3_PCIJ.htm
The PCIJ ruled that Mr Mavrommatis had the right to have his contracts ‘readapted’, but refused to award the Greek government damages.

1925-7
German Interests in Polish Upper Silesia

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