Indonesian Nationalization Measures Before Foreign Courts—A Reply

Abstract

It has recently been held in The Netherlands that Indonesian nationalization measures failed to affect title to goods and securities situated in The Netherlands. Almost simultaneously, it was decided in Western Germany that the same measures did affect title to goods situated in Indonesia. Martin Domke concludes his admirably informative report on these decisionss with the statement that while the decisions of the Dutch courts correspond with the concept of non-recognition of foreign confiscatory decrees which assertedly still prevails in Western countries, the German courts in “abandoning” what is called the prevailing view did not submit convincing reasons for “changing the well-established principles of international law.” Issue is here taken only with these latter assertions. It will be contended that the German decisions were in conformity with well-established principles of international law and followed the prevailing practice of Western countries.