The Seizure of Property and Enterprises in Indonesia

Abstract

A vast amount has been written, in books and articles, upon the subject of the seizure by Governments of foreign-owned property, whether the process is called Nationalization or Expropriation or by some other name. I propose, however, to confine myself mainly to the relevant law laid down by tribunals, both international and national, in dealing with the matter and to the practice of States— these two sources being the principal sources of international law, and I shall cite very few authors. Law becomes more concrete when applied to the particular facts of an actual incident, and in such circumstances it is easier to distinguish between lex lata and lex ferenda ; it is only the former that I am concerned with now.