WEST RAND

WEST RAND - o Court looks at learned writings o In a case...

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WEST RAND o West Rand v. The King o Gold taken from West Rand by old govt, receipts given o West Rand thinking new govt (British annexed now) has obligation to repay old govt o Petition seems demurrable at first by court because receipt does not always contract o Lord Robert argued 1. international law says Sovereign of conquering state is liable 2. international law forms part of England law 3. rights and obligations must be protected and can be enforced by municipal Courts of conquering state
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Unformatted text preview: o Court looks at learned writings o In a case where debt is hidden and conquered state gets the state, it is possible that conquered state could be hurt by all the debt. Unrealistic to assume conquered state takes up all debt by previous state o Grotius cited o Court determined it is by choice or grace what debts picked o Court says England follows international law and learned writings as well as cust law are a big part of it...
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