Epilogue: The Early and Long End of the Mixed Arbitral Tribunals, 1920–1939

in Erpelding, Michel; Ruiz Fabri, Hélène (Eds.) The Mixed Arbitral Tribunals, 1919–1939: An Experiment in the International Adjudication of Private Rights (2023)

This chapter sheds light on the often-neglected question of how the Mixed Arbitral Tribunals, after entering the international stage as a result of the post-World War I peace treaties, disappeared into ... [more ▼]

This chapter sheds light on the often-neglected question of how the Mixed Arbitral Tribunals, after entering the international stage as a result of the post-World War I peace treaties, disappeared into near oblivion. It first notes that the main Central Power, Germany, often tried to avoid the establishment of MATs in the first place or to impose deadlines limiting the number of claims submitted to those MATs which it had not been able to thwart. After examining the efforts already made by governments during the 1920s to phase out various MATs, it addresses the attempts made by some actors within the MAT-system to establish permanent MATs (partly reminiscent of present- day investor-state arbitration) between a number of Western countries and describe how government officials from these countries eventually derailed these attempts. It then moves on to the liquidation of the last remaining MATs, which was mostly completed on the eve of the Second World War, although three MATs actually continued to operate – albeit in a way that could hardly be considered judicial – until 1943. The chapter concludes by an account of the constitution, wartime preservation and peacetime destruction of the MATs’ archival records. [less ▲]

An Example of International Legal Mobilisation: The German–Belgian Mixed Arbitral Tribunal and the Case of the Belgian Deportees

in Erpelding, Michel; Ruiz Fabri, Hélène (Eds.) The Mixed Arbitral Tribunals, 1919–1939: An Experiment in the International Adjudication of Private Rights (2023)

This chapter presents the lawsuit of the Belgian deportees examined by the German-Belgian MAT in 1923-24, a single case with major political ramifications. Between 1916 and 1918, Germany had deported tens ... [more ▼]

This chapter presents the lawsuit of the Belgian deportees examined by the German-Belgian MAT in 1923-24, a single case with major political ramifications. Between 1916 and 1918, Germany had deported tens of thousands of Belgian workers as forced labourers for its war-relevant industries and armed forces, sparking an international outcry amongst both Allied and neutral states. Pursuant to Part VIII of the Versailles Treaty, Germany was under the obligation to compensate Belgium for these deportations to forced labour. However, when the former deportees realised that the sums agreed to by Germany and partly handed out to them by the Belgian State were far below their expectations, they tried to obtain satisfaction before the Belgian-German MAT. Coordinated by a young Brussels lawyer, Jacques Pirenne, this early example of international legal mobilisation was followed with concern by both Germany and Belgium. Both feared that were the Belgian-German MAT to accept jurisdiction over the deportees’ claims, this might considerably increase Germany’s war debt vis-à-vis Belgium, thus further deteriorating the relations between both countries which were already strained because of the Ruhr crisis. Relying in part on previously uncommented archival material from Belgium, Germany and France and using contemporary press reports, including photographs, the chapter provides the reader with an in-depth description and analysis of the trial during its various procedural stages. After presenting the reader with the factual and legal background of the case, it takes a close look at the arguments of the parties during both the written and the oral phases of the proceedings. Analysing the MAT’s decision, it questions its frequent characterisation as a major German victory, before concluding on its long-term legacy. [less ▲]

The Mixed Arbitral Tribunals, 1919–1939: An Experiment in the International Adjudication of Private Rights

Book published by Nomos - 1st (2023)

The creation of 39 Mixed Arbitral Tribunals (‘MATs’) was a major contribution of the post-World War I peace treaties to the development of international adjudication. With over 90 000 claims handled, the ... [more ▼]

The creation of 39 Mixed Arbitral Tribunals (‘MATs’) was a major contribution of the post-World War I peace treaties to the development of international adjudication. With over 90 000 claims handled, the MATs were the busiest international courts of the interwar period. Moreover, in a departure from most other international courts and tribunals at that time, they allowed individuals to file claims against sovereign states before them. After 1945, they inspired the creators of the European Court of Justice before disappearing into quasi-oblivion. Relying on legal and historical research, including new archival findings, this volume is specifically dedicated to these pioneering institutions. [less ▲]

'La situation de l'État luxembourgeois est autre': Entretien avec Michel Erpelding, spécialiste de l'histoire du droit international

Article for general public (2022)

This interview presents to the broader public the relationship between international law and colonial law, as well as the question of the responsibility of former colonial powers and states (such as ... [more ▼]

This interview presents to the broader public the relationship between international law and colonial law, as well as the question of the responsibility of former colonial powers and states (such as Luxembourg) that assisted these powers for colonial crimes. [less ▲]

Transatlantic Chattel Slavery, 1815–1888

in Lovall, Erin; Stefanelli, Justine (Eds.) Reparations Under International Law for Enslavement of African Persons in the Americas and the Caribbean: Proceedings of the Symposium, May 20–21, 2021 (2022, July 06)

This paper addresses the question of the legality and illegality of slavery-related practices during the 19th century under Western international law.

Juristes internationalistes, juristes mixtes, Euro-Lawyers : l’apport de l’expérience semi-coloniale à l’émergence d’un droit supranational

in Clio @ Themis (2022), 22

This paper explores the partly colonial origins of European integration law. It first notes that internationally composed and treaty-based courts with jurisdiction over individual treaty-based rights ... [more ▼]

This paper explores the partly colonial origins of European integration law. It first notes that internationally composed and treaty-based courts with jurisdiction over individual treaty-based rights existed well before the end of WWII, notably in semi-colonial settings. It then addresses the individual careers of several jurists who circulated between Europe and countries subjected to semi-colonial domination. These careers confirm the existence of a range of continuities between international law, the mixed law applied in these countries, and post-WWII European law. [less ▲]

Manchmal das Recht brechen: Was bedeutet es, wenn ein ständiges Mitglied des UN-Sicherheitsrats wie Russland einem Nachbarland die Staatlichkeit abspricht und dort einmarschiert? Gespräch mit dem Völkerrechtler Michel Erpelding

Article for general public (2022)

The main purpose of this interview was to explain to the broader public in Luxembourg: 1. the legal implications of the Russian-backed secessions of Crimea (later annexed by Russia) and the Donetsk and ... [more ▼]

The main purpose of this interview was to explain to the broader public in Luxembourg: 1. the legal implications of the Russian-backed secessions of Crimea (later annexed by Russia) and the Donetsk and Luhansk regions in Ukraine, as well as Russia's full-scale aggression against Ukraine on 24th February 2022; 2. the historical context that explains how the post-WWII international order balances the principle of national self-determination with the principles of sovereign equality and territorial integrity of states. Its second purpose was to raise awareness about: 1. the need for Luxembourg and the EU to show coherence when reacting to wars of aggression and annexations, which constitute the most egregious violation of international, regardless of which state committed the aggression and/or annexation (e.g. Russia in Ukraine, Israel on the Golan Heights inter alia, Morocco in Western Sahara); 2. the legal risks (both civil and criminal) for Luxembourg businesses that deal with goods from, or invest in, illegally occupied territories. [less ▲]

Indépendantiste

in Ndior, Valère (Ed.) Dictionnaire de l'actualité internationale (2021)

This short entry analyses the use of the word 'indépendantiste' (pro-independence) in French-language news outlets and its political implications with regard to self-determination movements.

Le droit international relatif à l’esclavage : de la réglementation du commerce international des captifs au droit universel de ne pas être traité en esclave

in Histoire de la Justice (2021), 31(1), 203-213

This article summarizes the evolution of international legal norms regarding slavery between the 17th and 20th centuries.

Mixed Courts of the Colonial Era

in Ruiz Fabri, Helene (Ed.) Max Planck Encyclopedia of International Procedural Law (2021)

This entry provides a detailed and systematic account of mixed courts of the colonial era, which were a form of domestic courts with international participation established between the first half of the ... [more ▼]

This entry provides a detailed and systematic account of mixed courts of the colonial era, which were a form of domestic courts with international participation established between the first half of the nineteenth century and the first half of the twentieth century in non-Western polities. Serving as an alternative to consular jurisdiction in countries where Western states were unwilling to accept the jurisdiction of ordinary local courts over their nationals or their nationals’ interests, these courts blended domestic and international features. [less ▲]