Hostname: page-component-586b7cd67f-gb8f7 Total loading time: 0 Render date: 2024-11-27T05:43:40.432Z Has data issue: false hasContentIssue false

Droutzkoy Claim (No. 2)

Italian-United States Conciliation Commission.  26 February 1965 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Treaties — Interpretation of — Principles and rules of — Literal interpretation — Natural and ordinary meaning — Whether absolute principles of interpetation — Multilateral texts — Interpretation by reference to subsequent agreements between two Parties — Treaty of Peace with Italy and Memorandum of Understanding between Italy and United States of America (Lovett-Lombardo Agreement) — Relevance of subject-matter of provision — Considerations presumed present to Parties when treaty concluded — Foreseeability of future problems — Relevance of considerations of equity — Special nature of peace treaty — Distinction between clauses dealing with restoration of property and those dealing with compensation — Significance of distinction for question of taxation of restored property and of compensation payments — Restrictive theory of interpretation — Whether based on equitable considerations.

Treaties — Special kinds of — Peace treaties — Imposed rather than negotiated — Relevance of manner of conclusion to interpretation of treaty — Relevance of considerations of equity — Treaty of Peace with Italy, 1947.

Disputes — Arbitration — Procedure — Competence — Conciliation Commissions under Treaty of Peace with Italy — Competence to determine relevant issues of Italian law — Whether application of Italian taxes compatible with Italy's obligation under Treaty of Peace — Articles 78 and 83 of Treaty.

War — In general — Performance of treaties of peace — Treaty of Peace with Italy, 1947 (Article 78 (4) (a) and (c)) — Claims for compensation for loss or damage to property — Extent and meaning of tax exemption provisions — Imposition of succession tax — Whether indemnity payable to heirs of deceased claimant is subject to succession tax.

Type
Case Report
Copyright
© Cambridge University Press 1970

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)