Thursday, February 24, 2005

As many of you may know, I have a certain fascination with the law. My entire MScR was about early Irish law. I also tend to keep up with things over at International Court of Justice. The web and instant information access is a wonderful thing to have. I can now watch the inner workings of the International Court of Justice from anywhere in the world.

I have been watching the case of LIECHTENSTEIN v. GERMANY for a while now. I honestly thought that Liechtenstein had a case going for it. Well, some property during World War II was confiscated by Czechoslovakia. After the war, a painting that was Liechtenstein's was given to Germany for an art display. The Crown Prince of Liechtenstein sued to get it back. He lost in German court (in fact, all the way up to Germany's Supreme Court). Well, Liechtenstein lost their case today. Why? Because they did not file their objection until after the treaty was entered into by the parties (in 1980).

I find this very dubious indeed. So basically something was stolen by another country during World War II and when the rightful owners come for it, they can be denied because this happened in Czechoslovakia not in Germany and was not considered German property according to the appropriate treaties. In the court of Chris, it does not matter who has the property. It only matters that the property was indeed stolen and needs to be returned to the proper owner. I think that the International Court of Justice made the wrong decision. The property of Liechtenstein needs to be returned to it. It can then sue Czechoslovakia for not returning it after the war. Although, I doubt suing Czechoslovakia will work because it boils down to sovereignty. As long as the proper process was followed to issue the decrees according to Czech Law at the time, there is no case. Although, I think that this violates the neutrality rights of Liechtenstein since they were not an aggressor State against Czechoslovakia.

Otherwise, I am looking forward to the Highland Annual, which is on Saturday. Hopefully, I will be coherent enough Sunday to tell you all about it.

posted by Chris  #9:19 PM | 0 comments |