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Pittacos v. État Belge, Ministre Des Affaires Étrangères, Ministre Du Commerce Extérieur Et De L’assistance Technique and Ministre Des Finances

Belgium.  01 December 1964 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International law — Relation to municipal law — Customary international law and the law of Belgium — Treaty of Cession, 1907, between Belgium and Independent State of the Congo — Belgian Law of 1908 (Colonial Charter) — Whether Treaty and Law in conflict — Status of Belgian Congo — Whether Belgium liable for debts of Belgian Congo — Whether courts must apply customary international law when in conflict with municipal law — The law of Belgium.

States as international persons — Dependent territories — Colonies — Status of Belgian Congo — Whether separate legal entity in international law — Whether Belgium liable for debts of Congo — Belgian Law of 1908 (Colonial Charter) — Separation of assets and liabilities of Belgium and Belgian Congo — Whether in conflict with Treaty of Cession, 1907, between Belgium and Independent State of the Congo — The law of Belgium.

Treaties — Operation of — Whether conferring rights on individuals — Relation to municipal law — Treaty of Cession, 1907, between Belgium and Independent State of the Congo — Acquisition of sovereignty" with all rights and obligations attached thereto “Whether Belgium thereby liable for Congo's debts to individuals — Whether Treaty in conflict with Law of 1908 (Colonial Charter) — The law of Belgium.

Treaties — Operation of — Whether binding on nationals of Contracting States — Payments Agreements — Whether municipal legislation necessary — Payments Agreement between Turkey and Belgium, 1948 — Contract made after signature of Agreement but before approval by Belgian legfslaturev Whether Belgian courts bound to apply Agreement — The law of Belgium.

States as international persons — State succession — Succession to rights and obligations — Succession to quasi-delictual liability — Dismembered State — Colony acquiring independence — Belgium and Belgian Congo — Whether Belgium succeeded to Congo’s assets and liabilities after independence — Debt incurred before independence — Debt with corresponding benefit to territory where incurred — Liability for wrongful acts of administrative officials of Congo incurred before independence — Basis of liability under customary international law — Equity — Belgian Law of 1908 (Colonial Charter) — Separation of assets and liabilities of Belgium and Belgian Congo — Effect of repeal of this Law — The law of Belgium.

Type
Case Report
Copyright
© Cambridge University Press 1972

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