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West Germany sues Norway (II)
Topic Started: May 16 2008, 02:48 PM (1,067 Views)
Turkey
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[ *  *  * ]
OOC: You can use this judge as for this case Germany is allowed to send an own judge to the court!

Adler
[IMG]http://img259.imageshack.us/img259/4199/3dflagstur00010001aqt4.gif[/IMG][URL=http://z15.invisionfree.com/World1945/index.php?showtopic=587]Turkish embassy[/URL][IMG]http://img259.imageshack.us/img259/4199/3dflagstur00010001aqt4.gif[/IMG]
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Norway
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OOC: Nah, I read up on Helge Klæstad and I'm pretty sure he would either recuse himself or be judicially recused since he during his tenure on the Supreme Court of Norway (Norges Høyesterett) had a part in revising the law to include the Norwegian claim on Dronning Maud Land. He also had his share of personal tragedies during the German occupation of Norway. During the occupation he and the other Supreme Court judges resigned from their office in protest against German breaches of international law (the Hague Convention in this case). /OOC
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Mexico
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Mexico, after reviewing International Law on the matter, finds the German claim legal and binding.
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United States
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Land of the Free and Home of the Brave
[ *  *  * ]
France Jules Basdevant (President)
El Salvador José Gustavo Guerrero
Chile Alejandro Álvarez
Mexico Isidro Fabela - West Germany
USA Green Hackworth
Poland Bohdan Winiarski
Yugoslavia Milovan Zoricic
Belgium Charles de Visscher - Norway
UK Arnold McNair, 1st Baron McNair - Norway
Norway Helge Klaestad - Recuses himself
Egypt Abdul Badawi
USSR Sergei Krylov
Canada John Read
China Hsu Mo


West Germany - 1
Norway - 2
Recuse - 1


ooc: Mexico can fill in for the other latin American judges
Signatures are broken...
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West Germany
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Einigkeit und Recht und Freiheit
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OOC: Where did the Belgish and British judge vote? That were political actions by the governments and not judicial ones.\ OOC

The German claim is legal, as there is no valid older Norwegian claim.

Reasons:

I. The Norwegian claim is not valid. They indeed have claimed the land two days before the Germans did. But they did not have at this time in situ to occupy the land. As they did not prove having such an occupation expedition before, and here whalers would only count, if they had acted in the name and willing of the government, what was not proven, the German claim is the only valid. Any further Norwegian claiming is blocked as this area is no longer terra nullius.

II. This is also not blocked by the Second Versailles Treaty. Indeed Germany gave up all claims on Norway, its territories and colonies. But not on claims nearly no other nation recognizes, except some few, but not all, former enemies of ww2. Thus the Second Versailles Treaty does not bind Germany not claiming New Swabia.

III. Reasonings about the nature of the former German government have nothing to do with the claiming.

Martin Drath
[IMG]http://img155.imageshack.us/img155/1404/3dflagsdeu00010001aux4.gif[/IMG][URL=http://z15.invisionfree.com/World1945/index.php?showtopic=87&st=0#entry236221]West German Embassy[/URL][IMG]http://img155.imageshack.us/img155/1404/3dflagsdeu00010001aux4.gif[/IMG]
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United States
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Mexico voted as a Govt too we all know how they will vote so lets advance.
Signatures are broken...
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West Germany
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OOC: Okay.\OOC

Adler
[IMG]http://img155.imageshack.us/img155/1404/3dflagsdeu00010001aux4.gif[/IMG][URL=http://z15.invisionfree.com/World1945/index.php?showtopic=87&st=0#entry236221]West German Embassy[/URL][IMG]http://img155.imageshack.us/img155/1404/3dflagsdeu00010001aux4.gif[/IMG]
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Norway
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The Kingdom of Norway understands the West German position, but we can't see how any verdict could be reached without taking into consideration this central question:

Should judicial respect be accorded to Nazi acts of state?
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West Germany
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If West Germany is oblieged to pay reparations and to excuse for the war, yes. If not, we had not to pay anything and not to apologize for anything.

Adenauer
[IMG]http://img155.imageshack.us/img155/1404/3dflagsdeu00010001aux4.gif[/IMG][URL=http://z15.invisionfree.com/World1945/index.php?showtopic=87&st=0#entry236221]West German Embassy[/URL][IMG]http://img155.imageshack.us/img155/1404/3dflagsdeu00010001aux4.gif[/IMG]
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Norway
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The legal foundation of the Versailles treaty terms is not under scrutiny here, or is it the West German wish to include such investigation in these proceedings by the International Court of Justice?
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Mexico
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Chile: Whereas the status of all claims on the Antartic Continent remain in international limbo, Chile abstains from voting on this matter.

El Salvador: The people of El Salvador vote...(low tones) "How much are they paying us?" (normal tone)... aye in favor of Germany. The German claim is spotless in terms of International law.


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United States
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Abstain

Green Hackworth


France Jules Basdevant (President)
El Salvador José Gustavo Guerrero - West Germany
Chile Alejandro Álvarez - Abstain
Mexico Isidro Fabela - West Germany
USA Green Hackworth - Abstain
Poland Bohdan Winiarski
Yugoslavia Milovan Zoricic
Belgium Charles de Visscher - Norway
UK Arnold McNair, 1st Baron McNair - Norway
Norway Helge Klaestad - Recuses himself
Egypt Abdul Badawi
USSR Sergei Krylov
Canada John Read
China Hsu Mo


West Germany - 2
Norway - 2
Recuse - 1
Abstain - 2

Signatures are broken...
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West Germany
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OOC: Erm, it is 3:2 for Germany. Whenever a case is tried, in which there are no judges of this nation/ these nations, they can send a judge to the court. That I did with Martin Drath.

Adler
[IMG]http://img155.imageshack.us/img155/1404/3dflagsdeu00010001aux4.gif[/IMG][URL=http://z15.invisionfree.com/World1945/index.php?showtopic=87&st=0#entry236221]West German Embassy[/URL][IMG]http://img155.imageshack.us/img155/1404/3dflagsdeu00010001aux4.gif[/IMG]
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France
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I find in favor of Norway. Also there will not be West German or Norwegian judges due to bias and the fact no West German judge holds a seat on the court.

Jules Basdevant

France Jules Basdevant (President) - Norway
El Salvador José Gustavo Guerrero - West Germany
Chile Alejandro Álvarez - Abstain
Mexico Isidro Fabela - West Germany
USA Green Hackworth - Abstain
Poland Bohdan Winiarski
Yugoslavia Milovan Zoricic
Belgium Charles de Visscher - Norway
UK Arnold McNair, 1st Baron McNair - Norway
Norway Helge Klaestad - Recuses himself
Egypt Abdul Badawi
USSR Sergei Krylov
Canada John Read
China Hsu Mo


West Germany - 2
Norway - 3
Recuse - 1
Abstain - 2
Tremblez, tyrans et vous perfides
L'opprobre de tous les partis
Tremblez ! vos projets parricides
Vont enfin recevoir leurs prix !
Tout est soldat pour vous combattre
S'ils tombent, nos jeunes héros,
La terre en produit de nouveaux,
Contre vous tout prêts à se battre !
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West Germany
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OOC: EQ, there is one. The trial law allows one and I have appointed it. So it is 3:3. Everything else is ASB due to violating the trial rules!

Adler
[IMG]http://img155.imageshack.us/img155/1404/3dflagsdeu00010001aux4.gif[/IMG][URL=http://z15.invisionfree.com/World1945/index.php?showtopic=87&st=0#entry236221]West German Embassy[/URL][IMG]http://img155.imageshack.us/img155/1404/3dflagsdeu00010001aux4.gif[/IMG]
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