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Published online by Cambridge University Press: 01 January 2021
Jurisdiction — Territorial — Exemptions from — Property of foreign States — Real property — Whether subject to jurisdiction of local State — Distinction between imperium and dominium — Relevance of use of premises for diplomatic purposes — The law of Germany.
Diplomatic and consular intercourse — Miscellaneous — Diplomatic premises — Immunity of — Relevance of number and location of embassy buildings — Relevance of distance of premises from capital.
Belligerent occupation — Legislative functions of Occupant — Legislation promulgated by Occupant — Whether binding on other enemy States in relation to property and transactions in occupied territory — Restitution Law promulgated by Three Western Powers in Germany — Whether applicable to property of Hungarian State in Germany.
Permanent diplomatic envoys — Privileges and immunities of — Diplomatic premises — Immunity from jurisdiction — Theory of imperium of local sovereign — Principle of exterritoriality — Extent to which valid in contemporary international law — Extent to which derived from person of envoy — Theory of functional necessity — Relevance of distance of diplomatic premises from capital — Effect of termination of diplomatic use of premises — Relevance of involuntary nature of termination — Distinction between temporary cessation of use through suspension of diplomatic relations and permanent termination of use — Immunity of premises from jurisdiction of special courts — Restitution courts — Nature of restitution proceedings — Relevance of fact that restitution claims are claims in rem — Competence of restitution court to determine ancillary claims in personam — Waiver of immunity — Whether purchase of real property for embassy premises by contract subject to local law amounts to implied waiver.