The case involves Mr. Stoeck, who was born in Kreuznach, Rhenish Prussia, in 1872. After leaving Prussia in 1895, he became a resident of Belgium and later moved to England in 1896, where he made a permanent home but never sought naturalization. During World War I, Mr. Stoeck was interned and later deported to Holland and then Germany. He owned 3,600 shares in a company, which were sold by the Public Trustee as part of a compromise agreement after the Board of Trade proposed a vesting order. However, Mr. Stoeck's property was subject to a charge created by the Treaty of Peace Order due to his status as a German national at various times during the war.
IssuesThe Court examined the following:
In this case, the Court delved into the definition of statelessness, defining it as the condition where an individual is not considered a national by any state due to loss of previous nationality without acquiring a new one. The Court noted that while statelessness is recognized in international law, it is a status where no state acknowledges an individual's nationality, creating legal ambiguities in property rights and obligations.
The Court acknowledged the complexities surrounding statelessness and the different views in international law literature. Notably, it was recognized that while German law did not regard Mr. Stoeck as retaining any German nationality, English law also had its own framework for determining nationality.
DecisionThe Court declared that Mr. Stoeck was not a German national on January 10, 1920, as defined under the Treaty of Peace Order. The principle of statelessness was deemed applicable in this case because Mr. Stoeck had neither retained German nationality nor acquired another nationality after leaving Prussia. Consequently, his property was not subject to the charge imposed by the Treaty of Peace Order, which applied to German nationals. The Court emphasized that municipal law (English law) could not redefine or impose German nationality contrary to the findings of German law. The declaration provided for Mr. Stoeck’s property, including the bank balance and furniture, to be released from the charge, affirming that he was not bound by the restrictions meant for German nationals under the Treaty of Peace Order.