Sessional Papers, Volume 35H.M. Stationery Office, 1901 |
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agreement ALFRED LYTTELTON amount approved Article Ashmore asked August authorised behalf blasting gelatine Blokland Cape Town capital cent cession Chairman cheque Commission company's Concession concessionaire construction contract cost Curlewis debentures directors dividend documents Duxbury dynamite Ermelo Evan Thomas evidence Executive Council explosives fact factory give granted holders Hulsteyn Hume Williams instructions interest issue Johannesburg June Karl Schauer Kretschmar Krugersdorp Landdrost letter Leyds Lippert Loveday Machadodorp Main Reef Road Majesty's Government manufacture matter ment miles monopoly National Bank Netherlands Railway October opinion Orkin paid pany payment President Pretoria profits question Raad Railway Company reference regard regulations road Rooth Secretary shareholders shares Smit South African Republic statement submitted supply syndicate thing tion town tram tramway Transvaal Government Volksraad resolution Vorstman Warnant Winby Witness Wolmarans
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Página 18 - in determining the amount of compensation in respect of losses sustained by the owner of a concession cancelled or modified as injurious to the public interest, regard may justly be paid to the question whether the owner, at the time when he received, or acquired the concession, knew, or ought reasonably to have known, that it was precarious. A concession may be precarious for many reasons, but it certainly is so, if the subject matter of it is closely related to large and changing public interests.
Página 18 - In determining the amount of compensation in respect of losses sustained by the owner of a concession cancelled or modified as injurious to the public interest, regard may justly be paid to the question whether the owner, at the time when he received or acquired the concession, knew, or reasonably ought to have known, that it was precarious. A concession may be precarious for many reasons, but it certainly is so, if the subject-matter of it is closely related to large and changing public interests.
Página 17 - ... insolvent State could not by aggression, which practically left to a solvent State no other course but to annex it, convert its worthless into valuable obligations; again an annexing State would be justified in refusing to recognize obligations incurred by the annexed State for the immediate purposes of war against itself; and probably no state would acknowledge private rights, the existence of which caused, or contributed to cause the war which resulted in annexation.
Página 17 - State, |l and, as matter of practice in modern times, where treaties have been made on the cession of territory, have been often maintained by agreement.'!
Página 16 - The footnotes,which seem to have been compiled rather carelessly, are in the original. "7. ... It is desirable to state here the broad principles which we considered applicable to the problem before us. 8. On the 1st September 1900, Her late Majesty annexed the territories and obliterated the sovereignty of the South African Republic. It has, therefore, become necessary that the new Government should decide in what relation it stands to the concessions granted by the Government of the late Republic,...
Página 18 - ... duly acquired" right, or there has been a non-fulfillment of essential conditions by the concessionaire, cancellation or modification without compensation appears to us, in the absence of special circumstances, to be justifiable. 14. We further think that the new Government is justified in cancelling or modifying a concession when (v) The maintenance of the concession is injurious to the public interest. 15. In this last case, however, the question of compensation arises, inasmuch as it would...
Página 17 - It is clear that a state which has annexed another is not legally bound by any contracts made by the state which has ceased to exist, and that no court of law has jurisdiction to enforce such contracts if the annexing State refuse to recognize them.
Página 18 - We submit also that no concessionaire can rightly claim to be placed in a better position under the new than under the old Government, and therefore in assessing compensation to any owner of a concession in respect of his loss, the value of his interest should be taken as it was before the war which has resulted in annexation, and before the superior credit and stability of the annexing State have appreciated his property. 17. On the other hand, when public interest requires the modification or cancellation...
Página 19 - ... possess houses, manufactories, warehouses, shops, and premises; (c) they may carry on their commerce either in person or by any agents whom they may think fit to employ; (d) they will not be subject, in respect of their persons or property, or in respect of their commerce or industry, to any taxes, whether general or local, other than those which are or may be imposed upon citizens of the said Republic.
Página 17 - ... suffering should be, so far as possible, narrowly confined, .and that non-combatants should not, where it is avoidable, be disturbed in their business : and this principle is at least as applicable to a case where all, as where some of the provinces of a State are annexed.