Jurisdiction of the Courts of Danzig Case (the Beamtenabkommen): ICJ 1928

The Beamtenabkommen regulated the employment conditions of Danzig railway employees who had, after the First World War, passed into the service of the Polish Railways Administration. Poland’s contention that this treaty only created inter-State rights was rejected. The Court said that: ‘It may be readily admitted that, according to a well established principle of international law, the Beamtenabkommen, being an international agreement, cannot, as such, create direct rights and obligations for private individuals. But it cannot be disputed that the very object of an international agreement, according to the intention of the contracting Parties, may be the adoption by the Parties of some definite rules creating individual rights and enforceable by the national courts. That there is such an intention in the present case can be established by reference to the terms of the Beamtenabkommen.’

(1928) PCIJ Rep Series B No. 15
England and Wales
Cited by:
CitedOccidental Exploration and Production Company vRepublic of Ecuador CA 9-Sep-2005
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to . .

Lists of cited by and citing cases may be incomplete.

International

Updated: 18 December 2021; Ref: scu.230253