Contents
Dismissal of the Claims Against Erste Bank Group Ag and Mkb Bank
Dismissal of the Claims Against Erste Bank Group ag and Mkb Bank in This Action Would be in the Foreign Policy Interest of the United States in 2011
United States views on international law (based on the document “Digest of U.S. Practice in International Law”): Austria is an important factor to the prosperity of Europe, and particularly the new democracies of Central and Eastern Europe. Austria has worked with the United States in promoting democracy for decades, and is instrumental to the economic development of Central and Eastern Europe. As a member of the European Union, Austria has supported integration of the European Union as well as efforts to assure that the former communist countries of Central and Eastern Europe continue their democratic development within a market economy. the U.S. continued cooperation with Austria is important to helping achieve these United States interests. The “legal closure” that Austria sought from the United States is important to the continued success of this important foreign policy relationship.
Similarly, Germany today is a key to the security and prosperity of the broader North Atlantic community. Germany has been a partner of the United States in promoting and defending democracy for more than half a century, and is vital to both the security and economic development of Europe. Germany has been a leader in efforts to create stability in Europe through expansion of NATO to include the former communist countries of Central Europe, and through the building of bridges between NATO and Russia. Germany has also been a leader in supporting integration of the European Union, and in the effort to assure that the former communist countries of Central and Eastern Europe continue their democratic development within a market economy. the U.S. continued partnership with Germany is important to helping achieve these United States interests.
More about Dismissal of the Claims Against Erste Bank Group ag and Mkb Bank in This Action Would be in the Foreign Policy Interest of the United States
Third, the German Foundation, the Reconciliation Fund, and the GSF furthered the United States' interest in maintaining good relations with Israel and with Western, Central, and Eastern European nations, from which many of those who suffered during the Nazi era and World War II come.
And, fourth, the German Foundation, the GSF, and the Reconciliation Fund, are the fulfillment of a half-century effort to complete the task of bringing a measure of justice to victims of the Nazi era. “It is in the foreign policy interests of the United States to take steps to address the consequences of the Nazi era, to learn the lessons of, and teach the world about, this dark chapter in European history and to seek to ensure that it never happens again.” Although no amount of money will ever be enough to make up for Nazi-era atrocities, the Austrian and German governments have created compensation, restitution, and other benefit programs for Nazi-era acts that have resulted in significant payments to a large number of victims.
Developments
These United States foreign policy interests are enduring and apply to this litigation. In the words of William Burns, the current Under Secretary of State for Political Affairs:
The foreign policy interests in 'legal peace' for covered companies described by Secretary Albright and Deputy Secretary Eizenstat [in Exhibits 2, 3, 7, and 8] are enduring and extend beyond [Germany and Austria's] successful implementation of [the respective agreements]. The United States' efforts to facilitate this cooperative compensation arrangement are part of a larger policy to ensure the greatest compensation for the greatest number of Holocaust victims and their heirs, in their lifetimes, as well as to support a broad 'legal peace' for countries and companies subject to ongoing claims.
Details
Similarly, Douglas Davidson, the Department of State's Special Envoy for Holocaust Issues, states:
The United States' view is that its long-standing, and ongoing, pursuit of cooperative compensation arrangements with [Germany, Austria] and other governments has achieved justice for the greatest numbers of Holocaust victims, survivors and heirs. Going forward, the United States is focusing its efforts in this regard on the new democracies of Central and Eastern Europe where the preponderance of Europe's Jewish population once lived. It is important to these ongoing efforts that the United States fully perform its obligations by supporting efforts to achieve dismissal of (i.e., “legal peace” for) all claims against [Austrian and German] companies covered by the [respective agreements].
More about the Issue
For the reasons stated by Under Secretary Burns and Special Envoy Davidson, while the United States takes no position on the underlying legal merits of the claims and defenses advanced by the parties in this case, it would be in the foreign policy interests of the United States for the claims against Erste Group Bank and MKB Bank to be dismissed on any valid legal ground(s). Cf. Ungaro-Benages v. Dresdner Bank AG, 379 F.3d 1227, 1239 n.14 (11th Cir.2004) (addressing a similar Statement of Interest filed by the United States and holding that “the executive's statements of national interest in issues affecting the U.S. foreign relations are entitled to deference” (citing Republic of Austria v. Altmann, 541 U.S. 677, 702 (2004))).
Resources
See Also
- International Claims
- State Responsability
- Nazi Era Claims
- Holocaust
- Victims