South Moluccas v The Netherlands New Guinea

• Jurisdiction: Papua New Guinea
• Court: Obsolete Court (Papua New Guinea)
• Docket Number: Case No 2
• Date: 07 March 1952

Dutch New Guinea, Court of Justice at Hollandia (by prorogation).

Case No 2

Republic of the South Moluccas

and

Netherlands New Guinea.

STATES AS INTERNATIONAL PERSONS

States — Beginning of Existence of — Factual Existence —Republic of the South Moluccas — Right of Self-Determination — Right to Sue — Proprietary Rights of New State — Statement of Executive as to Independent Status.

The Facts.—On or about May 5,1950, the Republic of the South Moluccas (Republik Maluku Selatan—R.M.S.) shipped to Sorong (Netherlands New Guinea) a parcel of corpra. On arrival the copra was attached by the New Guinea authorities and sold to the New Guinea Import and Export Company for some f.20,000 New Guinea currency. The money was paid by the New Guinea authorities into the Treasury of New Guinea as sequestrator. The R.M.S. applied first to the Governor of New Guinea and then to the Netherlands Minister for Union Affairs and Overseas Territories for payment. Both these authorities refused, however, to pay out the money except to a person who was declared by a court of justice to be entitled thereto. Thereupon R.M.S. in its capacity as a legal person or corporation under civil law brought an action for payment of the money.

Held: that the action must succeed. The Republic of the South Moluccas existed as a State and therefore possessed legal personality, with the legal capacity to sue. The money claimed belonged to, and must be paid out to, the Republic.

The Court said;

“It must first be ascertained whether this claim, instituted by the R.M.S., is admissible, that is, whether for the purposes of this action the R.M.S. possesses legal personality. The Court...