The German Law Journal — Volkswagen Atlantic

5 Янв 2015 | Author: | Комментарии к записи The German Law Journal — Volkswagen Atlantic отключены
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German Law Journal Co-Editor, Dr. Zumbansen, Leads Trans-Atlantic on Nazi Slave Labor at University of Frankfurt.

www.germanlawjournal.com/index.php?pageID=11artID=48

[1] December 13-17, 2000, Adler, Assistant Professor at University School of Law, and Peer Zumbansen, Academic and Lecturer at Johann Wolfgang Faculty of Law, Frankfurt, and of German Law Journal, conducted a on the compensation of NS-Forced and Slave The seminar was held entirely in the Language and met at a conference center Frankfurt.

[2] The participants, all Frankfurt students, both from the legal studies and the LL.M. presented, in a first round of papers covering the historical, and political reality of the use of forced since the end of the nineteenth century the Third Reich. These were exemplified by case on Volkswagen, Daimler Benz and IG as well as on forced labor in households, municipalities and agricultural. In a round, the seminar focused on the treaties under International Law and the German Compensation legislation and There was also discussion of efforts at compensation from firms, mostly negotiated by the on Jewish Material Claims Germany (Jewish Claims — JCC). The seminar treated the status of legal against the German State and corporations in light of the post-war and legislation, especially with to the new law creating a compensation foundation Remembrance, Responsibility and the Future. law is designed to provide the basis for the of the approximately 1 million surviving forced and slave laborers. The law is the of a 2 year diplomatic and legal between Berlin and Washington, as plaintiffs’ attorneys and corporate counsel. The law voids all other for compensation except those brought as part of the foundation’s German industry urged the of the law as protection against a number of action suits in United courts and as protection against

damage to their public

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[3] Before turning to the legal of the Law, the seminar devoted its to of the Holocaust law suits, both that were recently as well as those pending American Courts. After a analysis of the September, 1999 decisions from the Federal Court of New Jersey, the seminar further the rules and regulations class action suits and settlements and compared these with the legal regime in There is no comparable legal in Germany. This part of the analyzed the different possible for the Holocaust victims to pursue claims and asked whether the negotiated settlements, diplomacy or the new Law were adequate to produce a as well as moral compensation for the and slave labor atrocities. A section of the seminar dealt the socio-political and legal climate in Germany and the stridency with a few devoted lawyers went compensation for their socially clients. The seminar ended a close look at the structure and the of the new Foundation Law.


[4] The seminar profited from funding by several Frankfurt as well as a book donation by the Association of Frankfurt University Law Particularly enriching were from a number of guests. Dr. Brozik, the Director of the German of the Jewish Claims Conference, autobiographical insight into the of slave labor and into 30 years of work with the in Germany. Between him and the seminar’s there developed an earnest about the advantages and disadvantages of the now reached for the victims as well as the prospects of Germany in light of tendencies of xenophobia and right-wing Lothar Evers from the NGO Beratung fьr NS-Verfolgte based in (a non-governmental organization assisting and the interests of Holocaust victims), an intriguing perspective on the difficult in the field. Mr. Evers, who had managed to at a number of the negotiations sessions representatives of the German and American the German business community and lawyers, pointed to the exclusiveness in the meetings had taken place and the encountered on the way to reaching the compromise produced the Foundation Law. Dr. Bank, from the newly Foundation, described his work contracts that will the relationship between the Foundation and the Organizations, which will be for the world-wide management of the settlement evaluation of incoming claims for and distribution of the compensation sums, 5,000 and 15,000 DM). Dr. Jansen, formerly with in Frankfurt and now the Foundation’s Director, with Law Professor Dr. Burkhard HeЯ of Tьbingen), who had provided expert on behalf of Siemens during the New District Court proceedings, joined the seminar.

[5] The seminar worked-up to a troubling regarding the intricacies and the difficulties of an adequate solution to the compensation that would satisfy the and interests of all involved, but, all, the former victims in light of the fact that are now very old and appear to be dying at a of 10% per year). The seminar revealed a deal of historical, social, and legal indifference towards the of these Holocaust victims the end of WW II. It also revealed the difficulties of the issue in the law. Whether of these crimes is better by a court or whether a settlement and the regime are adequate, may be a question of order when it appears German industry still has not a legal responsibility to compensate the The Foundation Law does not suppose to a legal but instead a moral It was bewildering for the participants of the seminar to see how German industry has continued to its legal responsibility to compensate the of slave and forced labor. The whether or

not the sums provided by the Foundation 5,000 and 15,000 DM) is a real to the survivors or their heirs the question whether the political reached in fact provides for a acknowledgment of the crimes committed. It was the consensus at the conclusion of the seminar under the Foundation Law the victims receive payments for reasons of responsibility but not because German is being held legally to make compensation for the crimes.

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