JAMES AND OTHERS v. THE UNITED KINGDOM JUGDMENT
25
the passages from the 1966 White Paper quoted at paragraph 18 above). In
effect, the tenant and his predecessors are deemed already to have paid for
the house. That assessment of the factual situation, so the Court has held, is
one which Parliament was entitled to adopt and act on in the public interest
(see paragraph 49 above). On the view that Parliament took, it logically
follows that "in equity" the tenant should only be required to pay for that
part of the property which he has not already paid for, that is the value of
the ground. The 1967 basis of valuation, although it excludes the "merger
value" (see paragraphs 13 and 23 (a) above), does compensate the landlord
for the existing investment value of his interest in the ground. The objective
pursued by the leasehold reform legislation is to prevent a perceived unjust
enrichment accruing to the landlord on the reversion of the property. In the
light of that objective, judged by the Court to be legitimate for the purposes
of Article 1 (P1-1), it has not been established, having regard to the
respondent State’s wide margin of appreciation, that the 1967 basis of
valuation is not such as to afford a fair balance between the interests of the
private parties concerned and thereby between the general interest of society
and the landlord’s right of property.
57. As to the second head of complaint, it is possible, as is shown by the
circumstances of the enfranchisements affecting the applicants (see
paragraph 29 (v) above), for delays, sometimes long, to occur between
valuation date and payment of the price. On the other hand, it is open to a
landlord who believes that the process of enfranchisement is being
deliberately or unnecessarily delayed to refer the matter to the competent
tribunal (see paragraph 25 above). It cannot be treated as a defect in the
system that a landlord should choose not to avail himself of this remedy and
so should permit the tenant to protract the conduct of the negotiations. The
law also contains provisions for avoiding and penalising delays (ibid.). The
Court accordingly concludes that the compensation procedures laid down in
the contested legislation do not inherently lead to delays of such a degree as
to involve a violation of Article 1 (P1-1).
(c’) General principles of international law
58. The applicants argued in the alternative that the reference in the
second sentence of Article 1 (P1-1) to "the general principles of
international law" meant that the international law requirement of, so they
asserted, prompt, adequate and effective compensation for the expropriation
of property of foreigners also applied to nationals.
59. The Commission has consistently held that the principles in question
are not applicable to a taking by a State of the property of its own nationals.
The Government supported this opinion. The Court likewise agrees with it
for the following reasons.
60. In the first place, purely as a matter of general international law, the
principles in question apply solely to non-nationals. They were specifically