Hostname: page-component-cd9895bd7-p9bg8 Total loading time: 0 Render date: 2024-12-23T17:26:58.190Z Has data issue: false hasContentIssue false

Carl Zeiss Stiftung v. VEB Carl Zeiss Jena and Others

United States of America.  07 November 1968 ; 02 November 1970 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

International law in general — International comity — Duty of United States courts to give effect to actions of friendly, foreign Power which accord with foreign policy objectives of United States Government — The law of the United States

States as international persons — In general — Sovereignty and independence — Conduct of foreign relations — Extent to which courts should take account of government’s foreign policy objectives — Recognition — The law of the United States

States as international persons — In general — Continuity of States — Germany — Present legal status — Whether unified State — Scope of authority of Federal Republic of Germany — The law of the United States

States as international persons — Recognition — Of governments — Consequences of non — recognition of German Democratic Republic — Extent to which United States courts should give effect to United States Government's policy of non — recognition — East Germany — The law of the United States

States as international persons — Succession of governments — In general — Germany — Problems of succession after Second World War — East Germany — Sovereignty — Status of foundation with domicile in part of East Germany — Whether West German State entitled to amend Foundation's domicile — The law of the United States

Jurisdiction — In general — Territorial jurisdiction — Over territory in general and persons and property situated therein — Territorial limits of jurisdiction — Expropriation of foundation's assets — Effect on assets of foundation located outside territory of expropriating State — Trademarks — Act of State doctrine — Territorial limits — Decree amending domicile of foundation — The law of the United States

Jurisdiction — In general — Territorial jurisdiction — Exemptions from and restrictions upon territorial jurisdiction — Foreign States — Member State of Federation — State having limited role in foreign relations — Whether entitled to sovereign immunity — Application of Act of State doctrine — The law of the United States

The individual in international law — Nationality — Nationality of corporations — Domicile — Foundation domiciled in part of East Germany — Whether domicile can be changed by West German authorities — The law of the United States

War and neutrality — War in general — Effects of out break of war — Trading with the enemy — Application of Trading with the Enemy Act to property claimed by East German nationals — The law of the United States

War and neutrality — Warfare on land — Occupation of enemy territory — Nature and effects of the occupation — Germany Potsdam Agreement — Sovereignty in East Germany — Expropriations in the Soviet Zone — The law of the United States

States as international persons — In general — Recognition of acts of foreign States and governments — Unrecognized government Extent to which acts of government not recognized by United States will be given effect by United States courts — East Germany — Recognition of acts of West Germany — Act of State doctrine — Whether applicable to acts of Wuerttemberg — Territorial ambit of Act of State doctrine — Expropriation decree — Effect on ownership of trademarks located outside the jurisdiction of the expropriating State — Comity — Extent to which courts should give effect to government’s diplomatic recognition policy — Warfare — Occupation — Authority of occupying power — Germany — Potsdam Agreement — Trading with the Enemy Act — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1985

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)