RESTITUTION, COMPENSATION OR INVESTMENT? – THE REPRIVATIZATION OF THE GERMAN DEMOCRATIC REPUBLIC ASSETS
The article illustrates a process of property`s restitution within the boundaries of the former GDR. It presents the initial arrangements in this regard between the two German states, concluded in Joint Declaration and Unification Treaty, which provided an obligation to return assets expropriated by the state to its rightful owners or their heirs. This principle of restitution was subsequently developed in the Property Law of 1990. In order to stimulate investment further legislation, however, introduced exceptions to this rule, giving finally priority to investors over former owners rights. The aim of this article is to draw a conclusion from German experiences and to find clues for the regulation of still unresolved restitution issues in Poland.
State responsibility and the individual : reparation in instances of grave violations of human rights
Foreword. Individual Reparation Claims in Instances of Grave Human Rights Violations: The Position under General International Law C. Tomuschat. Individual Reparation Claims under the International Covenant on Civil and Political Rights: The Practice of the Human Rights Committee E. Klein. Compensation for Human Rights Violations: The Practice of the Past Decade in the Americas W.M. Reisman. Individual Reparation Claims under the European Convention on Human Rights M. Pellonpaa. International Obligations to Provide for Reparation Claims? R. Pisillo-Mazzeschi. Reparation for Human Rights Violations Committed by the Apartheid Regime in South Africa L. Fernandez. The United Nations Compensation Commission N. Wuhler. The Legal Position of the Individual under Present International Law A. Randelzhofer. Rehabilitation and Compensation of Victims of Human Rights Violations Suffered in East Germany (1945-1990) B. Fassbender. Documentary Annex. Table of Cases. Participants.
Observations of nearshore infragravity waves: Seaward and shoreward propagating components
[1] The variation of seaward and shoreward infragravity energy fluxes across the shoaling and surf zones of a gently sloping sandy beach is estimated from field observations and related to forcing by groups of sea and swell, dissipation, and shoreline reflection. Data from collocated pressure and velocity sensors deployed between 1 and 6 m water depth are combined, using the assumption of cross-shore propagation, to decompose the infragravity wave field into shoreward and seaward propagating components. Seaward of the surf zone, shoreward propagating infragravity waves are amplified by nonlinear interactions with groups of sea and swell, and the shoreward infragravity energy flux increases in the onshore direction. In the surf zone, nonlinear phase coupling between infragravity waves and groups of sea and swell decreases, as does the shoreward infragravity energy flux, consistent with the cessation of nonlinear forcing and the increased importance of infragravity wave dissipation. Seaward propagating infragravity waves are not phase coupled to incident wave groups, and their energy levels suggest strong infragravity wave reflection near the shoreline. The cross-shore variation of the seaward energy flux is weaker than that of the shoreward flux, resulting in cross-shore variation of the squared infragravity reflection coefficient (ratio of seaward to shoreward energy flux) between about 0.4 and 1.5.