Hostname: page-component-cd9895bd7-gbm5v Total loading time: 0 Render date: 2024-12-27T07:56:47.733Z Has data issue: false hasContentIssue false

Mergé Claim.

Italian-United States Conciliation Commission.  10 June 1955 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

States as International Persons — Equality of States — Treaties of Peace — Matters of Nationality.

State Responsibility — Claims — Nationality of — Right of Dual National to Claim under Treaty — Rule of Non-protection of Individual against State of Nationality — Test of Dominant or Effective Nationality — Criteria of Test.

Treaties — Conditions of Validity of — Relevance of Element of Constraint and Absence of Equality — Treaties of Peace.

Treaties — Ratification of — Effect of Multilateral Convention Ratified by Some Parties Only.

Treaties — Interpretation of — Principles and Rules of — Interpretation by Reference to Intention of the Draftsman — Literal Interpretation — “The spirit of the treaty” — Restrictive Interpretation — Interpretation by Reference to Principles of International Law — Interpretation by Reference to Authoritative Writings.

Treaties — Interpretation of — Miscellaneous — Provisions in Derogation of Rules of International Law.

Arbitration — Law Applied by Arbitral Tribunals — Dual Nationals — Principle of Effective Nationality.

Conciliation — Conciliation Commissions — Practice of — Law Applied by — Reference to Decisions of Arbitral and Other International Tribunals.

War — Enemy Character — Of Individuals — Definition of Enemy National — The Italian War Law.

War — Armistice — Nature of.

Peace Treaties — Effects of — In General — Political Nature of Peace Treaties — Element of Constraint and Inequality — Limitation on Sovereignty of Defeated State — Necessity for Consent of Defeated State — Performance of Peace Treaties — Restitution and Reparation.

Nationality — Dual Nationality — Right of Dual National to Claim Compensation under Treaty — Test of Dominant or Effective Nationality — Critical Date — Dual Nationality with regard to Third States — Principles and Rules of Interpretation of Treaties — Intention of the Draftsman — Literal Interpretation — “The Spirit of the Treaty” — Restrictive Interpretation — Interpretation by Reference to Principles of International Law — By Reference to Authoritative Writings.

Type
Case Report
Copyright
© Cambridge University Press 1958

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.)