had expressly provided for it to have retroactive effect in Protocol number
12.
14. One of the issues that came up for determination in the PsnbsJielos case
was on jurisdiction. Two Treaties were concluded between Greece and the
United Kingdom of Great Britain and Northern Ireland. One was in 1886
and the other in 1926.
Ambatielos' claim was that he had suffered
considerable loss as a result of a contractual arrangement he had with the
Govermnent of the United Kingdom (UK) in 1919, and also in consequence
of certain judicial decisions in the English Courts in co1mection with the said
c·ontract. His government, the Hellenic Govenunent on his behalf he being
one of its nationals, as was required by the Treaty establishing the PCIJ, took
up Ambatielos' case.
The Hellenic Government's claim was that in
accordance with the 1826 and 1926 Treaties, the matter should be refe1Ted to
arbitration. The. UK government, in a preliminary objection; argued that the
'
Court lackedjudsdiction to decide on that question. But the Court rejected
the preliminary objection by holding that it had jurisdiction to decide
whether the UK was under an obligation to submit to arbitration the
difference as
to the validity of the Ambatielos' claim in so far as
it was ·
based on the Anglo-Hellenic Treaty of 1886.
15. On the applicability of the 1926 Treaty, the Court stated that it was not
given retroactive effect. Under Article 29 of the 1926 Treai.-y, either party
could submit to .the Court any dispute as to inte1pretation or application of
any of the provisions of that Treaty.
The Court rejeoted the Hellenic
Government's argument that in the 1926 Treaty there were substantive
provisions similar to substantive provisions of the 1886 Treaty, so by Article
29 of the 1926 Treaty the Court could adjudicate upon the validity of a claim
based on an alleged breach of any of these similar provisions, even if the
5
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