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Administrative Decision No. III

Published online by Cambridge University Press:  04 May 2017

Abstract

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Type
Judicial Decisions Involving Questions of International Law
Copyright
Copyright © American Society of International Law 1924

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References

a Printed in this Journal , vol.18, No. 1(Jan. 1924), pp. 175-176.

b Printed in this Journal , vol.18, No.2 (April, 1924), pp. 361-373

c Printed in this Journal . vol. 18, No. 1 (Jan. 1924), pp. 177-186.

1 The measure of damages as here expressed is not contested by either the United States or Germany.

2 Five per cent is the rate of interest prescribed by paragraph 16 of Annex II to Section I of Part VIII, and also by paragraph 22 of the Annex to Section III of Part X, of the Treaty of Versailles.

3 See paragraph (e) of Article 297, paragraph 14 of the Annex to Section IV of Part X, and paragraph 22 of the Annex to Section III of Part X, of the Treaty of Versailles.

4 The international commission in adjudicating claims arising under Article VII of the treaty between the United States and Great Britain of November 19,1794, known as the Jay Treaty, as supplemented by the convention of January 8,1802, allowed interest on the value of neutral American cargoes seized by Great Britain, a belligerent, the latter contending that the seizures were legal. Mr. Pinkney, one of the American commissioners, in his opinion (IV Moore's Arbitrations at page 4318) points out that, while the treaty does not eo nomine empower the commission to award interest, that power is derived simply from the words in the treaty “ which submit the amount of the compensation to our decision.” See also Ward case, pages 41-42, Wilkinson case, page 42, and “ Allowance of Interest,”page 21, Hale's Report, Volume VI of “ Papers Relating to the Treaty of Washington.”Also IV Moore's Arbitrations, pages 3734, 3737. Opinion of Umpire Duffield of German-Venezuelan Commission in Christem and Co. and other cases, Ralston's Report of Venezuelan Abitrations of 1903, pages 520-526. Russia v. Turkey, award rendered by International Arbitral Tribunal November 11, 1912, VII American Journal of International Law,190-193. Geneva Award under the Treaty of Washington, pages 53 and 542-543,Volume IV of “ Papers Relating to the Treaty of Washington.” Also I Moore's Arbitrations,page 658, and Sir Alexander Cockburn's dissenting opinion, footnote page 651; IV Moore's Arbitrations, pages 4313-4327. Ralston's International Arbitral Law and Procedure,sections 162-172, inclusive. Borchard's Diplomatic Protection of Citizens Abroad, section 179.

5 Second paragraph of clause (1) of Article II of the Treaty of Berlin.

6 Part VIII of the Treaty of Versailles, especially Annex I to Section I.

7 The German Commissioner dissents with respect to claims for losses based on property taken by German military authorities.

8 See the references contained in Note 3 ante.

9 See paragraph 12 (e) of Annex II to Section I of Part VIII of the Treaty of Versailles.