The ''Chorzów Factory'' case () was a case before the
Permanent Court of International Justice
The Permanent Court of International Justice, often called the World Court, existed from 1922 to 1946. It was an international court attached to the League of Nations. Created in 1920 (although the idea of an international court was several cent ...
in 1927. It was an early authority in
international law
International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
that established a number of precedents in international law.
Background
In the
Upper Silesia plebiscite
The Upper Silesia plebiscite was a plebiscite mandated by the Versailles Treaty and carried out on 20 March 1921 to determine ownership of the province of Upper Silesia between Weimar Germany and the Second Polish Republic. The region was ethni ...
a majority of 31,864 voters voted to remain in
Germany
Germany, officially the Federal Republic of Germany, is a country in Central Europe. It lies between the Baltic Sea and the North Sea to the north and the Alps to the south. Its sixteen States of Germany, constituent states have a total popu ...
while 10,764 votes were given for
Poland
Poland, officially the Republic of Poland, is a country in Central Europe. It extends from the Baltic Sea in the north to the Sudetes and Carpathian Mountains in the south, bordered by Lithuania and Russia to the northeast, Belarus and Ukrai ...
. Following three
Silesian uprisings
The Silesian Uprisings (; ; ) were a series of three uprisings from August 1919 to July 1921 in Upper Silesia, which was part of the Weimar Republic at the time. Ethnic Polish and Polish-Silesian insurrectionists, seeking to have the area tran ...
, the eastern part of Upper
Silesia
Silesia (see names #Etymology, below) is a historical region of Central Europe that lies mostly within Poland, with small parts in the Czech Silesia, Czech Republic and Germany. Its area is approximately , and the population is estimated at 8, ...
, including
Chorzów
Chorzów ( ; ; ) is a city in the Silesia region of southern Poland, near Katowice. Chorzów is one of the central cities of the Metropolis GZM – a metropolis with a population of 2 million. It is located in the Silesian Highlands, on the Rawa ...
and
Królewska Huta Królewska may refer to:
Villages in Poland:
* Bokinka Królewska, in Gmina Tuczna, within Biała Podlaska County, Lublin Voivodeship
* Brzóza Królewska, in Gmina Leżajsk, within Leżajsk County, Subcarpathian Voivodeship
* Brzeziny, Gmina Lubyc ...
, was separated from Germany and awarded to
Poland
Poland, officially the Republic of Poland, is a country in Central Europe. It extends from the Baltic Sea in the north to the Sudetes and Carpathian Mountains in the south, bordered by Lithuania and Russia to the northeast, Belarus and Ukrai ...
in 1922. Migrations of people followed. Because of its strategic value, the case of the nitrogen factory Oberschlesische Stickstoffwerke was argued for years before the
Permanent Court of International Justice
The Permanent Court of International Justice, often called the World Court, existed from 1922 to 1946. It was an international court attached to the League of Nations. Created in 1920 (although the idea of an international court was several cent ...
, finally setting some new legal precedences on what is "just" in
international relations
International relations (IR, and also referred to as international studies, international politics, or international affairs) is an academic discipline. In a broader sense, the study of IR, in addition to multilateral relations, concerns al ...
.
Significance
The Court held that:
* A State is held responsible for expropriation of alien property
* Under international law, a nation is responsible for acts of government organs or officers.
* It is a
general principle of international law that
reparation is to be made for violations of international law. Regarding this, the PCIJ held: "reparation must, as far as possible, wipe out all the consequences of the illegal act and reestablish the situation which would, in all probability, have existed if that act had not been committed".
[''Factory at Chorzów'' (Claim for Indemnity, Merits]
PCIJ Series A, no. 17
13 September 1928, page 47. The reparation should thereby consist of a restitution in kind, or if this is impossible, the payment of a sum that corresponds to the value as compensation.
See also
*
Chorzów#In Poland (1922–1939)
References
{{DEFAULTSORT:Chorzow Factory case
Permanent Court of International Justice cases
1927 in case law