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1963 Duke L.J. 281 (1963)
Present American Attitude towards Nationalization of Foreign-Owned Property

handle is hein.journals/duklr1963 and id is 299 raw text is: NATIONALIZATION OF FOREIGN OWNED PROPERTY AND THE ACT OF STATE DOCTRINE-TWO SPEECHES T HE recent nationalization of an estimated one billion dollars in American owned property in Cuba has given rise to a myriad of cases in the state and federal courts of this country. At the behest of the American Foreign Law Association, and at their January 1963 meeting in New York City, Professors Baade and Domke discussed these cases and particularly the controversial Act of State doctrine. The remarks of these outstanding experts on the law of nationaliza- tion of property are printed here without revision, except for docu- mentation. THE PRESENT AMERICAN ATTITUDE TOWARDS NATIONALIZATION OF FOREIGN-OWNED PROPERTY MARTIN DOMKE* WHEN Americans currently talk or write about foreign nationaliza- tion problems, they are primarily concerned with the Cuban situation where, for all practical purposes, only American interests are involved. This was not the case with other foreign nationaliza- tions of the recent past, such as the Iranian oil expropriation in 1952, the Egyptian nationalization of the Suez Canal in 1956, and the Indonesian expropriation of Dutch property in 1958. Other expro- priations of American interests occurred in some Latin American countries and are in the making in Asia and Africa. Refined tech- niques are developing in the field of expropriation abroad. There are many forms of creeping nationalization, discriminatory admin- istration and violation of contractual rights of foreign parties. This * Dr. jur. 1915, University of Greifswald, Germany; Adj. Associate Professor of Law, New York University; Editor-in-Chief, TiE ARBrRATION JOURNAL Member, Executive Council, American Society of International Law; Executive Committee, American Branch, International Law Association; Director, American Foreign Law Association and Consular Law Society. Contributor to American and foreign legal periodicals.

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