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Public Trustee v. Chartered Bank of India, Australia and China.

Burma.  21 February 1956 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International Law — Relation to Municipal Law — Whether Treaty of Peace Confers Rights on Individuals.

Treaties — Operation of — Necessity for Municipal Legislation — Treaty of Peace — The Law of Singapore.

Treaties — Interpretation of — Agencies of Interpretation — Municipal Courts

Treaties — Interpretation of — Principles and Rules of — Interpretation of Treaty “According to Its Whole Tenor”

Peace Treaties — Waiver of Claims Arising Out of Action Taken in Course of Prosecution of War — Whether Administration by Occupant of Occupied Territory After Cessation of Hostilities Constitutes Such Action

Belligerent Occupation — In General — Administration of Occupied Territory After Cessation of Hostilities — Whether Covered by Terms of Peace Treaty Referring to Action “in the course of prosecution of the war“

Belligerent Occupation — Respect for Private Property — Right of Occupant to Liquidate Property — Liquidation as Distinguished from Confiscation — Hague Convention No. IV — Articles 43, 46 and 48 — Obligation of Occupant to Respect Local Law — Obligation to Respect Legislation of Opposing Belligerent Relating to Trading with the Enemy — Regulation of Currency and Banking.

War — Effects of Outbreak of — On Enemy Subjects with Regard to Their Property — Effect on Credit Balance of Enemy Bank with a National Bank Payable to Custodian of Enemy Property — Status and Functions of Custodian of Enemy Property — Whether a Substitute for Enemy Owner — Nature of Legislation Relating to Trading with the Enemy — Belligerent Occupation — Liquidation of Bank by Belligerent Occupant — Rights of Belligerent Occupant — Right to Liquidate Property — Liquidation as Distinguished from Confiscation — Hague Convention No. IV — Articles 43, 46 and 48 — Obligation of Occupant to Respect Local Law — Obligation to Respect Legislation of Opposing Belligerent Relating to Trading with the Enemy — Regulation of Currency and Banking — Treaties of Peace — Interpretation by Municipal Courts — Administration of Occupied Territory by Occupant After Cessation of Hostilities — Whether Covered by Terms of Peace Treaty Referring to Action “in the course of prosecution of the war” — Whether Treaty of Peace Confers Rights on Individuals.

Type
Case Report
Copyright
© Cambridge University Press 1960

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