State territory — Effects of change of sovereignty — Cession — Property of ceding State — Distinction between public and private State property — Relevance of “special provisions” regarding private State property — Treaty of Peace with Italy, 1947, Article 23 and Annex XIV — Scope of renunciation by Italy in Article 23 — United Nations General Assembly Resolution 388 (V) of December 15, 1950.

Treaties — Conception and function of treaties — Pactum de contrahendo — Treaty containing requirement of further “special agreement” — Effect of action taken in absence of special agreement — Whether valid — General Assembly Resolution 388 (V).

International organization — The United Nations — General Assembly — Resolutions of — Interpretation of — Relevance of statements made by representatives in ad-hoc Political Committee — Resolution 388 (V) of December 15, 1950.

State territory — Effects of change of sovereignty — Cession — Property of ceding State — Distinction between public and private State property — Relevance of “special provisions” regarding private State property — Treaty of Peace with Italy, 1947, Article 23 and Annex XIV — Scope of renunciation by Italy in Article 23 — United Nations General Assembly Resolution 388 (V) of December 15, 1950, on “Economic and Financial Provisions Relating to Libya” — Interpretation of.

Arbitration — Procedure — Competence to determine jurisdiction — United Nations Tribunal for Libya — Preliminary exception Admissibility of — General Assembly Resolution 388 (V), Article X, 1 (b).

State succession — Succession to rights — Succession to properties and institutions — Whether State-owned or State-controlled — General Assembly Resolution 388 (V), Article I — Property of Italian State.

The individual in international law — Human rights and freedoms — European Convention for Protection of — European Human Rights Commission — Inter-State applications — Allegations of torture or maltreatment amounting to torture — Prima facie case not relevant in considering admissibility of inter-State application — Exhaustion of local remedies.

State responsibility — For breaches of treaty obligations — European Convention for Protection of Human Rights and Fundamental Freedoms, 1950 — Inter-State applications — Exhaustion of local remedies — Actions of State officials — Absence of legal remedies against State — Possibility of civil or criminal proceedings against officials personally — Dependence of criminal proceedings upon leave of State — Prospect of success of civil proceedings — Absence of information regarding identity of officials — Whether local remedies have been exhausted.

International law — Sources of — General principles of law — Principles of private international law — Use of comparative law — Absence of uniformity of laws — Effect of

Treaties — Interpretation of — Agencies of interpretation — Arbitral Tribunal — Interpretation by.

Treaties — Interpretation of — Principles of Interpretation — Effectiveness — Interpretation of arbitral undertakings — Possibility of conflicts between international tribunals — Whether to be avoided.

Reference to purposes — Intention of Parties — Liberal interpretation — Reasonableness — Use of preamble — Methods which can be simply and fruitfully applied — Reference to — Natural meaning — Surrounding circumstances.

Interpretation by Parties subsequent to conclusion — Weight to be attached — Permissibility of reference to evidence of interpretation if not referred to in argument.

Use of treaties of municipal law terms — Reference to municipal law for purposes of interpretation — Permissibility of — Multilingual treaties.

Preparatory work — Consideration of — Confirmatory character of — Absence of published record — Assertions of Parties as to content of — Whether of evidential value — History of origin of Agreement.

Treaties — Special kinds of — Peace Treaties — Analogous instrumenta — Agreement on German External Debts, 1953 — Annex VII — Private law contracts — Regulation by Agreement — Claims with speclftc foreign character — Criteria for determining such character — Place of payment situated abroad — Meaning of — Whether to be ascertained in accordance with municipal law — Application of rule relating to interpretation of treaties — Natural meaning of term “place of payment” in contradistinction to other meanings — Corroborated by history of Agreement — Gold clause — Debts with — Conversion of such debts — Under Agreement on German External Debts — Foreign creditors.

Arbitration — In general — Conception and function of arbitration — Decision on interpretation and application of international Agreement — In contradistinction to decision on claim.

Arbitration — In general — Law applied by arbitral tribunals — Private international law — Problem of lex fori — Choice of law in contract cases.

Arbitration — Procedure — Competence — Jurisdiction — Of Arbitral Tribunal for Agreement on German External Debts — Exclusive jurisdiction regarding interpretation or application of Agreement — Attempt to settle dispute by negotiation prior to submission to Arbitral Tribunal — Competence of other arbitral body yet not establlshed — Litispendence — Principle of perpetuatio fori — Dispute between Governments distinguished from dispute between private individuals — Request for decision distinguished from request for advisory opinion.

State responsibility — For wrongs unconnected with contractual obligations

Acts and omissions of State organs — Exhaustion of local remedies — Rule of — Applicability in arbitration proceedings — Absence of special provision for application — Case not involving claim on behalf of individual — Request for interpretation of Agreement as between States — Effect of — Exhaustion of local remedies under Agreement on German External Debts, 1953.

Acts of judicial organs of State — Denial of justice — Error of law — Error in application of Treaty — Whether State responsible.

International Law — Relation to municipal law — Municipal law enacted subsequent to treaty — Supremacy of international law — Provisions of Peace Treaty as lex fori for Conciliation Commission.

Nationality — Proof of — Examination by Conciliation Commission of certificate of nationality — Probative value of certificate in international law — Review of validity of naturalization of ancestor on which claim of nationality jus sanguinis based — Refusal to examine circumstances of naturalization and subsequent conduct of ancestor — Examination of relevant Laws of naturalizing State — Review of statement made to passport or other authorities — Theory of effective nationality — Allegation of “apparent nationality” — Invocation of nationality for sake of temporary material advantage — Principle of “estoppel” or “non concedit venire contra factum proprium” — Rejection of doctrine.

Nationality — Acquisition of — Jure sanguinis — Examination of circumstances of acquisition of nationality of ancestor — Relevance of animus redeundi.

Naturalization — Consequent loss of nationality of origin. — Recovery of nationality of origin — Consequent loss of nationality of naturalization. — Effect on wife and minor children of person naturalized. — Option by children of person naturalized upon attaining majority. — Child of naturalized person who acquired further nationality by naturalization — Recovery of parent's former nationality of naturalization.

For avoidance of military service — Prevention of — Bancroft Treaties between United States of America and German States.

Nationality — Expatriation — Effect of expatriation of ancestor — Relevance of animus redeundi — The law of the United States of America.

Nationality — Loss of — Loss of nationality of origin on naturalization abroad — Loss of nationality on re-naturalization — Effect on minor children.

Double nationality — Theory of effective nationality. — Doctrine of apparent nationality — Rejection of.

Treaties — Parties to — Composite States — Effect of unification — Treaties with German States — Effect of establishment of German Empire.

Treaties — Conclusion and operation of — Effect on third parties — Invocation by third State of treaty affecting nationality.

Treaties — Conclusion and operation of — Effect of subsequent legislation.

Treaties — Termination of — Outbreak of war.

Treaties — Interpretation of — Principles of interpretation — Interpretation by analogy with other treaties. — Clear meaning of text. — Intention of the Parties. — Lacuna in treaty — Filled by reference to municipal law of one Party. — Interpretation by reference to dictionary. — Interpretation by reference to purpose aimed at by the Parties. — Restrictive interpretation of treaty provision deviating from international law. — Interpretation by reference to relevant legislation of one Party. — Effect of subsequent “Memorandum of Understanding” between the Parties. — Interpretation by Reference to decision of municipal court on similar treaty. — Texts of multilingual treaties — Authenticated origlnals — Reconclliation of texts — Comparison of texts In different languages.

Peace treaties — Restitution and compensation provisions — Meaning of “treated as enemy” — Allegation of obstruction of sale by Governmental authorities — Rejection of argument that delay constitutes hostile treatment — Critical dates for application of restitution provisions — Necessity for claimant to be national of claiming State when damage sustained.

Conciliation — Conciliation Commissions—

—Evidence before — Examination of certificate of nationality — Probative value of certificate in international law — Need for caution in absence of previous doubts as to nationality invoked — Review of validity of naturalization of ancestor on which claim to nationality jus sanguinis based — Refusal to examine circumstances and subsequent conduct of ancestor — Relevance of fact that ancestor not a party to proceedings — Review of statements made by claimant to passport or other authorities — Principle of “estoppel” or “non concedit venire contra factum proprium” — Rejection of doctrine — Rejection of evidence conflicting with public documents.

—Law applied by — Question of legal system applicable — Provisions of Peace Treaty as lex fori — Ouster of national law — Nationality — Claims — Examination of laws of naturalizing State — Examination of treaties — Question of supremacy of municipal law subsequent to treaty — Duty of Commission to give priority to international law. — Right of investigation in questions of nationality.

State Responsibility — Claims — Nationality of claims — Examination by Conciliation Commission of certificate of nationality — Probative value of certificate in international law — Question of legal system applicable — Provisions of Peace Treaty as lex fori — Ouster of national law — Need for caution in absence of serious doubts as to nationality invoked — Review of validity of naturalization of ancestor on which claim to nationality jus sanguinis based — Refusal to examine circumstances of naturalization and subsequent conduct of ancestor — Relevance of fact that ancestor not a party to proceedings — Examination of relevant laws of naturalizing State — Review of statements made by claimant to passport authorities, etc. — Expatriation — Effect of ancestor's expatriation on nationality of claimant — Relevance of animus redeundi — The law of the United States of America — Bancroft Treaties between United States and German States, 1868 — Irrelevance of cancellation of treaties on outbreak of war between Parties to Treaty — Irrelevance of fact that party to dispute not Party to Treaty — Question of supremacy of municipal law subsequent to treaty — Duty of Commission to give priority to international law — Interpretation of Treaty concerning nationality — Relevance of decisions of municipal court in similar cases — Theory of effective nationality — Allegation of “apparent nationality” — Invocation of nationality for sake of temporary material advantage — Principle of “estoppel” or “non concedit venire contra factum proprium” — Rejection of doctrine — Question whether claimant “a United Nations National” or whether “treated as enemy” within Treaty of Peace with Italy, 1947, Article 78, paragraph 9 — Examination of texts of treaties — Reconciliation of conflicting meaning in various languages — Relevance of “purpose aimed at by the Parties” — Sale of claimant's shares in Italy at undervalue — Allegation of obstruction of sale by Italian authorities — Rejection of argument that delay constitutes hostile treatment — Critical dates for applicability of restitution provisions of Treaty of Peace of 1947 — Necessity for claimant to be national of claiming State on date when damage sustained.

The individual in international law — Human rights and freedoms — European Convention for Protection of — European Human Rights Commission — Inter-State applications — Admissibility of — Relevance of requirement of exhaustion of local remedies — Whether affected by scope of application — Application alleging incompatibility of legislation with provisions of the Convention — Derogations made under Article 15 — Whether relevant to question of admissibility — “A public emergency threatening the life of the nation” — Whether Commission competent to investigate existence thereof — Limits of discretion of Government.

State responsibility — For breaches of treaty obligations — European Convention for Protection of Human Rights and Fundamental Freedoms, 1950 — Individual applications — Exhaustion of local remedies — Appeal open — Relevance of absence of prospect of success — Relevance of existence of alternative remedy — Duty to lodge claims within reasonable time

Treaties — Conclusion of — Entry into force — Applicability to events occurring before entry into force — Principle that treaties have no retrospective effect — Continuing nature of unlawful act — European Convention for Protection of Human Rights and Fundamental Freedoms, 1950.

Treaties — Interpretation of — Principles of — Grammatical interpretation — Restrictive interpretation of exceptions — Consideration of preparatory work — European Convention on Human Rights, 1950.

The individual in international law — Human rights and freedoms — European Convention for Protection of — European Human Rights Commission — Individual applications — Right of individual to reside in his own country — Freedom of expression — Retroactivity of penal legislation — Competence ratione temporis — Continuing violations — Compatibility of existing legislation with provisions of Convention — Exhaustion of local remedies — Concept of ordinary remedy — Insufficient remedy — Six months' period for application to Commission — Retroactive interpretation — Meaning of term “manifestly ill-founded” — Concept of prima facie violation — Limited power of Commission to examine substance in deciding admissibility.

State responsibility — For breaches of treaty obligations — By subsequent inconsistent treaty — Obligation to exercise due diligence to avoid conflict.

State responsibility — Nature and kinds of — Responsibility for wrongs unconnected with contractual obligations — Acts of judicial organs — Whether Supreme Restitution Court in Germany a judicial organ for which Germany responsible — International character of Tribunal — Position of Court of Restitution Appeals — Relevance of fact that it functions in Germany — Effect on responsibility of Germany for decisions of inferior courts — “Absorption” of responsibility.

Treaties — Conclusion and operation of — Inconsistent treaties — Effect of — Responsibility for breach of earlier treaty — Requirement of exercise of due diligence to avoid conflict.

Arbitration — Procedure — Competence to determine rules of procedure.

The individual in international law — Human rights and freedoms — European Convention for Protection of — European Human Rights Commission — Individual applications — Supreme Restitution Court of German Federal Republic — As international tribunal — Whether within jurisdiction of Federal Republic — Court of Restitution Appeals — Whether within jurisdiction of Federal Republic — Alleged miscarriage of justice by Tribunal within jurisdiction of Contracting Party — Absorption by decision of international tribunal — Such decision not subject to review by Commission.

The individual in International law — Human rights and freedoms — European Convention for Protection of — European Human Rights Commission — Individual applications — Right to liberty and security of person — Arrest and preventive detention — No prima facie violation — Suspending effect of application to Commission — Exhaustion of local remedies.

State responsibility — For breaches of treaty obligations — European Convention for Protection of Human Rights and Fundamental Freedoms, 1950 — Individual applications — Exhaustion of local remedies — Remedies in the ordinary courts and whole system of legal remedies available in State — Whether both must be exhausted.

Treaties — Operation of — Exception clauses — European Convention for Protection of Human Rights and Fundamental Freedoms, 1950 — Article 15 (right of derogation) — Existence of “public emergency threatening the life of the nation” — Whether subject to review by Commission.

The individual in international law — Human rights and freedoms — European Convention for Protection of — European Human Rights Commission — Individual applications — Exhaustion of local remedies — Ineffective remedy — Article 17 of Convention — Acts and activities aimed at destruction of rights and freedoms set forth in Convention — Article 15 — Derogations — Article 27 (2) — Whether application “manifestly ill-founded” — Whether application an “abuse of the right of petition” — Limit of power of Commission to consider admissibility of application.

State responsibility — For breaches of treaty obligations — European Convention for Protection of Human Rights and Fundamental Freedoms, 1950 — Individual applications — Exhaustion of local remedies — Relevance of time-limits in municipal courts.

The individual in international law — Human rights and freedoms — European Convention for Protection of — European Commission of Human Rights — Individual applications — Failure to exhaust local remedies — No prima facie violation of Convention.

Arbitration — Procedure — Right of recourse to Arbitral Commission — Nationality as criterion — Nationality of claimant.

Nationality — Acquisition of — United States of America — Nationality Act, 1940 — Naturalization — “First papers” — Whether conferring United States nationality.

International law — Sources of — General principles of law — “Public policy” as a general principle — Relevance to interpretation of treaties — Hague Convention of 1902 on Guardianship of Infants.

Treaties — Operation of — Reservations and exceptions — Implied terms — Reservation of public policy — Relevance to conventions on private international law — Whether international tribunal entitled to review application of municipal public policy — Relevance of reasonableness and good faith — Obligations of parties in relation to burden of proof — Hague Convention of 1902 on Guardianship of Infants.

Treaties — Conclusion and operation of — Relation to municipal law — Effect of inconsistent municipal legislation — Whether treaty violated — Relevance of alleged difference of subject matter — Whether guardianship distinguishable from protective upbringing — Hague Convention of 1902 on Guardianship of Infants.

Treaties — Interpretation of — Principles and rules of — Intention — Purpose of Convention — Whether construction permissible which leads to impossibility — Relevance of social purpose of Convention — Relevance of practice of Parties — Hague Convention of 1902 on Guardianship of Infants.

Disputes — International Court of Justice — Contentious jurisdiction — Procedure — Conclusions of parties — Legal effect of — Hague Convention of 1902 on Guardianship of Infants.

Disputes — International Court of Justice — Contentious jurisdiction — Law applicable — Municipal law as determining content of public policy — Right of Court to examine — Hague Convention of 1902 on Guardianship of Infants.

Treaties — Special kinds of — Private international law — Hague Convention of 1902 on Guardianship of Infants — Interpretation of — Whether Convention subject to an implied exception of ordre public — Relationship between Convention and municipal law of the parties — Law of guardianship — Nature of Swedish law on protective upbringing.

Treaties — Interpretation of — Principles and rules of interpretation — Treaty to be read as a whole — Treaty of Peace with Italy, 1947, Article 78, paragraph 6.

Treaties — Special kinds of — Peace Treaties — Element of compulsion — Whether affecting contractual character of treaty.

Disputes — Conciliation — Procedure — Legal and factual elements in a dispute — Separation of these elements in pleadings, oral arguments and report of Conciliation Commission — Use of factual data from negotiations prior to conciliation — Italian-Swiss Permanent Conciliation Commission, 1956.

Treaties — Special kinds of treaties — Establishment conventions — Most-favoured-nation clause — Scope of — Most-favoured-nation treatment with regard to taxation of property of nationals of one party in territory of the other — Whether clause operates to extend benefits of nationals of United Nations under Peace Treaty to nationals of most-favoured-nation — Principle of fiscal equality — Customary international law limitations — Italian-Swiss Establishment and Consular Convention, 1868, Article 5 — Treaty of Peace with Italy, 1947, Article 78, paragraph 6.

Treaties — Interpretation of — Principles of — Literal construction — Agreement on Gerrnan External Debts, 1953.

Treaties — Special kinds of — Peace treaties — Analogous instruments — Agreement on German External Debts, 1953 — Annex IV, Article 6, para. 2, and Annex VII, Section 1 (2) — Interpretation of — Meaning of “specific foreign character” of debts and of “original written debt arrangements” — Principles of interpretation — Literal construction.

Arbitration — Procedure — Procedure before tribunal — Arbitral Commission on Property, Rights and Interests in Germany Appeals to Commission — Admission of — In matters involving patents.

War — Effects of outbreak of — On enemy property — German measures of 1940 — Property of one's own subjects resident in enemy country — Treatment of such property by Germany — Discrimination against Jewish property.

Treaties of Peace — Analogous instruments — Convention on the Settlement of Matters Arising out of the War and Occupation, 1952–1954 — Restitution — Conditions of — Restitution under Law No. 8 of Allied High Commission in Germany — Impairment of property rights by war measures — Meaning of — Restitution of rights involving patents.

Arbitration — Procedure — Competence — Jurisdiction — Arbitral Commission on Property, Rights and Interests In Germany Extension of jurisdiction — Whether permissible — Request for declaratory judgment.

War — Effects of outbreak of — On enemy property — Placing of enemy property under custodianship — Whether admissible in international law.

Treaties of peace — Analogous instruments — Convention on the Settlement of Matters Arising out of the War and Occupation, 1952–1954 — Restitution provisions — Restoration of rights and interests — Chapter Ten of Convention — Restitution of shares — Conditions of — Discriminatory treatment as prerequisite of return and restoration — Meaning of “discriminatory treatment”.

Nationality — Proof of.

Nationality — Expatriation — Loss of nationality — Polish law

Prisoners of War — Geneva Convention of 1929 — Article 23 — Meaning and effect of — Modification by Detaining Power of pay of its own officers — Whether such modification applicable to prisoners of war — Family allowances — Whether covered by Article 23.

Treaties of peace — Analogous instruments — Convention on the Settlement of Matters Arising out of the War and Occupation, 1952–1954 — Restitution — restitution of rights and interests-Chapter Ten of Convention — Conditions of restitution — Nationality of claimant — Discriminatory treatment — Meaning of — Measures constituting prejudice, deprivation or impairment of right — Geneva Convention of 1929 on Treatment of Prisoners of War — Article 23.

Nationality — Acquisition of — United States of America — Naturalization — “First papers” — Whether conferring United States nationality.

Nationality — Denationalization — Nazi legislation — Non-recognition of validity of — Convention with Germany on the Settlement of Matters Arising out of the War and Occupation, 1952–1954 — Application by Arbitral Commission.

Treaties of peace — Analogous instruments — Convention with German Federal Republic on Settlement of Matters Arising out of the War and Occupation, 1952–1954 — Chapter Ten — Restitution — Restoration of rights and interests — Situs of such rights and interests — Conditions laid down in Convention for restoration — Nationality of claimant — Choice-of-law system of the Arbitral Commission.