Volume 61 - 1981
Front matter
Prelims
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- 01 January 2021, p. i
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Case Report
Consumers Union of The United States Inc. v. Kissinger
- United States of America. 11 October 1974
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- 01 January 2021, pp. 4-34
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States as international persons — In general — Sovereignty and independence — Conduct of foreign relations — Powers of the Executive — Executive negotiating voluntary steel import restrictions with foreign companies — Whether binding international agreements — Whether Executive circumventing procedural requirements imposed by Congress — Scope of the Executive’s power to regulate foreign affairs — The law of the United States
Carl Zeiss Stiftung v. VEB Carl Zeiss Jena and Others
- United States of America. 7 November 1968 2 November 1970
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- 01 January 2021, pp. 35-87
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International law in general — International comity — Duty of United States courts to give effect to actions of friendly, foreign Power which accord with foreign policy objectives of United States Government — The law of the United States
States as international persons — In general — Sovereignty and independence — Conduct of foreign relations — Extent to which courts should take account of government’s foreign policy objectives — Recognition — The law of the United States
States as international persons — In general — Continuity of States — Germany — Present legal status — Whether unified State — Scope of authority of Federal Republic of Germany — The law of the United States
States as international persons — Recognition — Of governments — Consequences of non — recognition of German Democratic Republic — Extent to which United States courts should give effect to United States Government's policy of non — recognition — East Germany — The law of the United States
States as international persons — Succession of governments — In general — Germany — Problems of succession after Second World War — East Germany — Sovereignty — Status of foundation with domicile in part of East Germany — Whether West German State entitled to amend Foundation's domicile — The law of the United States
Jurisdiction — In general — Territorial jurisdiction — Over territory in general and persons and property situated therein — Territorial limits of jurisdiction — Expropriation of foundation's assets — Effect on assets of foundation located outside territory of expropriating State — Trademarks — Act of State doctrine — Territorial limits — Decree amending domicile of foundation — The law of the United States
Jurisdiction — In general — Territorial jurisdiction — Exemptions from and restrictions upon territorial jurisdiction — Foreign States — Member State of Federation — State having limited role in foreign relations — Whether entitled to sovereign immunity — Application of Act of State doctrine — The law of the United States
The individual in international law — Nationality — Nationality of corporations — Domicile — Foundation domiciled in part of East Germany — Whether domicile can be changed by West German authorities — The law of the United States
War and neutrality — War in general — Effects of out break of war — Trading with the enemy — Application of Trading with the Enemy Act to property claimed by East German nationals — The law of the United States
War and neutrality — Warfare on land — Occupation of enemy territory — Nature and effects of the occupation — Germany Potsdam Agreement — Sovereignty in East Germany — Expropriations in the Soviet Zone — The law of the United States
States as international persons — In general — Recognition of acts of foreign States and governments — Unrecognized government Extent to which acts of government not recognized by United States will be given effect by United States courts — East Germany — Recognition of acts of West Germany — Act of State doctrine — Whether applicable to acts of Wuerttemberg — Territorial ambit of Act of State doctrine — Expropriation decree — Effect on ownership of trademarks located outside the jurisdiction of the expropriating State — Comity — Extent to which courts should give effect to government’s diplomatic recognition policy — Warfare — Occupation — Authority of occupying power — Germany — Potsdam Agreement — Trading with the Enemy Act — The law of the United States
Alig v. Trust Territory of The Pacific Islands
- Trust Territory of the Pacific Islands. 24 November 1967
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- 01 January 2021, pp. 88-102
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States as international persons — Composite and dependent States and territories — Mandated and trust territories — Rights and duties of the administering authority — Whether administering authority responsible for wrongs of previous administration — Whether administering authority can be sued without its own consent — Whether administering authority can be sued in the courts of the trust territory — The law of the Trust Territory of the Pacific Islands
State succession — Succession with regard to obligations for delinquencies (torts) — Japanese mandated territory subsequently becoming United States tru~t territory — Extent of liability of trust territory government for wrongs of former administration — The law of the Trust Territory of the Pacific Islands
State territory — In general — Nature of territorial sovereignty — Trust territory — Nature of sovereignty within trust territory — The law of the Trust Territory of the Pacific Islands
Jurisdiction — In general — Territorial jurisdiction — Exemptions from and restrictions upon territorial jurisdiction — Foreign States — Trust Territory of the Pacific Island — Whether entitled to sovereign or governmental immunity in the courts of the Trust Territory — Whether entitled to limited sovereign immunity — Whether the Trust Territory a separate entity or an organ of the United States — The law of the Trust Territory of the Pacific Islands
Treaties — Conclusion and operation — Operation and enforcement — Whether treaty confers rights upon individuals which may be enforced in municipal courts — Charter of the United Nations — Trusteeship Agreement for the former Japanese Mandated Islands — The law of the Trust Territory of the Pacific Islands
Treaties — Conclusion and operation — Effect on third parties — Effect on individuals — Whether treaty confers rights upon individuals enforceable by municipal courts — Charter of the United Nations — Trusteeship Agreement for the former Japanese Mandated Islands — The law of the Trust Territory of the Pacific Islands
International organization and administration — The United Nations — Legal nature of the United Nations — Charter of the United Nations — Whether conferring upon individuals rights enforceable in municipal courts — Trusteeship system — Legal nature of trusteeship — Sovereignty in trust territory — Whether trusteeship agreement confers rights upon individuals — The law of the Trust Territory of the Pacific Islands
States as international persons — Composite and dependent States and territories — Mandated and trust territories — Sovereignty over and status of mandated and trust territories — Whether a trust territory a legal entity — Whether the government of a trust territory can be sued in the courts of the trust territory without its consent — Concept of qualified sovereignty entitling government to limited degree of sovereign immunity — Trusteeship agreement — Whether conferring upon individuals rights which can be asserted before the courts of the trust territory — State succession — Whether administering authority of trust territory liable for alleged wrong committed by previous administering power during mandate — Trusteeship Agreement for the Former Japanese Mandated Islands — The law of the Trust Territory of the Pacific Islands
Porter v. United States
- United States of America. 15 May 1974
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- 01 January 2021, pp. 102-112
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State territory — In general — Nature of territorial sovereignty — Sovereignty in trust territory — Whether sovereignty resides in people of the territory — Trust Territory of the Pacific Islands — The law of the United States
State responsibility — Nature and kinds of State responsibility — In general — Responsibility of the United States for the acts of the Government of the Trust Territory of the Pacific Islands — The law of the United States
States as international persons — Composite and dependent States and territories — Mandated and trust territories — Sovereignty over mandated and trust territories — Status of mandated and trust territories — Trust Territory of the Pacific Islands — Whether Government of the Trust Territory an agency of the United States — Whether United States liable for breach of contract or unlawful taking of property by Trust Territory — Applicability of United States Constitution within Trust Territory — The law of the United States
People of Saipan v. United States Department of the Interior and Others
- United States of America. 20 March 1973 16 July 1974
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- 01 January 2021, pp. 113-142
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International law in general — International comity — Comity as between the courts of the United States and the courts of the Trust Territory of the Pacific Islands — Relationship between United States and Trust Territory in respect of which the United States is the administering authority — Whether complaint that High Commissioner of the Trust Territory has acted contrary to the Trusteeship Agreement should be heard by United States or Trust Territory courts — The law of the United States
States as international persons — Composite and dependent States and territories — Mandated and trust territories — Sovereignty over mandated and trust territories — Whether administering authority has sovereignty — Trust Territory of the Pacific Islands — Whether United States sovereign — Whether Trust Territory Government a foreign sovereign government — Whether entitled to plead sovereign immunity — Degree of United States control — The law of the United States
State territory — In general — Nature of territorial sovereignty — Trust territory — Whether administering authority has sovereignty over territory — Whether government of trust territory has sovereignty — Trust Territory of the Pacific Islands — The law of the United States
Jurisdiction — In general — Territorial jurisdiction — Over territory in general and persons and property situated therein — Presumption that United States legislation applies only to United States territory — When presumption rebutted — Whether United States environmental legislation applicable to Trust Territory of the Pacific Islands — The law of the United States
Jurisdiction — In general — Territorial jurisdiction — Exemptions from and restrictions upon territorial jurisdiction — Foreign States — Trust Territory of the Pacific Islands — Whether Trust Territory Government a foreign sovereign government entitled to plead sovereign immunity — Whether entitled to plead sovereign immunity in action alleging breach of Act of Congress — Immunity of Trust Territory Government before United States courts and courts of the Trust Territory — The law of the United States
The individual in international law — Aliens — Position of aliens — Plea of non-discrimination — Position of non-resident aliens before the United States courts — Citizens of the Trust Territory of the Pacific Islands — The law of the United States
Treaties — Conclusion and operation — Operation and enforcement — Whether treaty confers rights upon individuals which may be enforced in municipal courts — Circumstances in which a treaty has direct effect — Availability of other methods of enforcement — Suitability of treaty for enforcement by municipal courts — Purposes of treaty — Charter of the United Nations — Trusteeship Agreement for the Former Japanese Mandated Islands — The law of the United States
Treaties — Conclusion and operation — Effect on third parties — Charter of the United Nations — Trusteeship Agreement for the former Japanese Mandated Islands — Whether conferring upon individuals rights enforceable in municipal courts — The "law of the United States
International organization and administration — The United Nations — Legal nature of the United Nations — Charter of the United Nations — Whether conferring upon individuals rights enforceable in municipal courts — Trusteeship system — Legal nature of trusteeship — Sovereignty in trust territory — Whether trusteeship agreement confers rights upon individuals — The law of the United States
States as international persons — Composite and dependent States and territories — Mandated and trust territories — Rights and duties of the administering authority — Trust Territory of the Pacific Islands — Trusteeship Agreement — Whether conferring upon Individuals rights enforceable in municipal courts — Nature of obligations imposed by the Agreement — Duty to protect the environment — Appropriate forum for hearing challenge to decision by Trust Territory Government — Whether Trust Territory Government a foreign government entitled to plead sovereign immunity — Whether United States has sovereignty over the Territory — Treaties — When conferring rights upon individuals — Jurisdiction — Capacity of United States Congress to legislate for the Trust Territory — Whether United States environmental legislation applicable in Trust Territory — Comity — Aliens — The law of the United States
'Federal Republic of Germany v. Elicofon (grand Duchess Of Saxony-Weimar Intervening) and Kunstsammlungen Zu Weimar v. Elicofon
- United States of America. 25 June 1970 25 September 1972 25 April 1973
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- 01 January 2021, pp. 143-158
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International law in general — Relation to municipal law — Treaties — Consideration of treaties by municipal courts — Conflict with foreign policy objectives of State — Duty of courts not to enforce — The law of the United States
States as international persons — In general — Sovereignty and independence — Conduct of foreign relations — Relationship between the courts and the Executive in matters of recognition — Duty of courts not to accord standing to instrumentality of an unrecognized foreign government — Duty of courts of a State not to enforce treaty if to do so would conflict with the foreign policy objectives of that State’s government — The law of the United States
States as international persons — In general — Recognition of acts of foreign States and governments — Acts of unrecognized foreign governments — Creation by unrecognized foreign government of juristic person — Whether juristic person possessing capacity to maintain action in courts of a State which does not recognize the foreign government — The law of the United States
States as international persons — State succession — Succession to rights — Germany — Whether Federal Republic of Germany entitled to claim paintings allegedly stolen from Weimar Museum during occupation — Weimar in East Germany — Whether German Democratic Republic or its instrumentality entitled to claim — The law of the United States
States as international persons — State succession — International conventions — Treaty between Germany and the United States concluded in 1923 — Whether surviving Second World War — Whether applicable to East Germany — The law of the United States
Treaties — Conclusion and operation — Operation and enforcement — Enforcement of treaties by municipal courts — Duty of the courts of a State not to enforce a treaty when to do so would conflict with the foreign policy objectives of that State's government — The law of the United States
Treaties — Termination — By operation of law — Outbreak of war — Second World War — Survival of treaties between United States and Germany — Whether treaty between United States and Germany continues to apply to East Germany — The law of the United States
War and neutrality — War in general — Effects of outbreak of war — On treaties — Whether treaty between the United States and Germany survived Second W odd War — Whether treaty applicable to East Germany — The law of the United States
War and neutrality — Warfare on land — Occupation of enemy territory — Public property of the enemy State — Occupation of East Germany — Paintings in art collection of State museum allegedly stolen — Title — Whether the Government of the Federal Republic of Germany can claim — Whether instrumentality of the German Democratic Government can claim — The law of the United States
States as international persons — Recognition — Of governments — Mature of a not to recognize — Whether amounting to a statement that entity in question does not represent the people whom it purports to govern — Effects of refusal to recognize — Status of the unrecognized entity in the law of the State refusing recognition — Whether the unrecognized entity or its instrumentalities have standing to bring an action in the courts — Whether an organization; is separate from the unrecognized government — Treaties — Duty of courts not to enforce a treaty where to do so would be contrary to the foreign policy objectives of the forum State — Relationship between courts and executive in matters concerning recognition — State succession — East Germany — The law of the United States
Equalization of Burdens Taxation Case
- Federal Republic of Germany. 4 May 1968
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- 01 January 2021, pp. 162-181
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International law in general — Sources — Development of rule of customary international law — Taxation of property owned by foreign national resident abroad — Whether contrary to customary international law — Evidence — Usage — State practice — Opinio juris — The law of the Federal Republic of Germany
The individual in international law — Aliens — Position of aliens — Respect for property — Expropriation — Taxation of property situated in the Federal Republic of Germany and owned by a foreign national resident abroad — Whether amounting to expropriation — Convention on the Settlement of Matters Arising out of the War and Occupation 1952 — Equalization of Burdens Act 1952 — The law of the Federal Republic of Germany
War and neutrality — War in general — Effects of Treaties of peace — Miscellaneous — Convention on the Settlement of Matters Arising out of the War and Occupation 1952 — Taxation of property situatedin the Federal Republic of Germany and owned by a foreign national resident abroad — Equalization of Burdens Act, 1952 — Whether contrary to customary international law — The law of the Federal Republic of Germany
Jurisdiction — In general — Territorial jurisdiction — Over territory in general and persons and property situated therein — Territorial limits of jurisdiction — Expropriation — Taxation in respect of land situated within the jurisdiction and owned by foreign national resident abroad — Convention on the Settlement of Matters Arising out of the War and Occupation 1952 — Equalization of Burdens Act 1952 — Imposition upon foreign national of financial liabilities of a war of aggression — Whether prohibited by customary international law — Whether amounting to expropriation — Whether violation of constitutional guarantees — The law of the Federal Republic of Germany
United States v. McIntire
- United States of America. 25 October 1973
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- 01 January 2021, pp. 182-185
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International law in general — Relation to municipal law — Treaties — Status of a treaty in United States law — Treaty in conflict with Act of Congress — The law of the United States
Treaties — Conclusion and operation — Operation and enforcement — Status of treaty in United States law — Treaty in conflict with Act of Congress — The law of the United States
Jurisdiction — In general — Territorial jurisdiction — Territorial limits of jurisdiction — Jurisdiction of coastal State to regulate radio broadcasts from vessel just outside territorial waters — International Telecommunications Convention 1959 — Status of Convention in municipal law — The law of the United States
United States v. Fernandez
- United States of America. 28 June 1974
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- 01 January 2021, pp. 186-188
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Jurisdiction — In general — Territorial jurisdiction — Territorial limits of jurisdiction — Objective territorial principle — Defendant possessing, forging and uttering United States treasury cheques in Mexico — Whether United States courts have jurisdiction — The law of the United States
United States v. Toscanino
- United States of America. 15 May 1974 8 October 1974
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- 01 January 2021, pp. 190-206
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International law in general — Relation to municipal law — Whether individual allegedly abducted in violation of treaty can invoke treaty violation in municipal court — Effect of absence of protest by State in which abduction took place — The law of the United States
State territory — In general — Nature of territorial sovereignty — Alleged abduction of Italian citizen from Uruguay by United States officials — Whether an infringement of territorial sovereignty contrary to the Charter of the United Nations and the Charter of the Organization of American States — The law of the United States
The individual in international law — In general — Position of individuals in international law — Violation of treaty provisions prohibiting infringements of territorial sovereignty — Whether violations can be invoked by individual before municipal courts — The law of the United States
Treaties — Conclusion and operation — Operation and enforcement — Whether individual can invoke treaty violation in municipal courts — The law of the United States
Jurisdiction — In general — Territorial jurisdiction — Exemptions from and restrictions upon territorial jurisdiction — Irregular apprehension — Italian citizen allegedly abducted to the United States from Uruguay — Whether United States court has jurisdiction to try him — Alleged kidnapping a breach of the Charter of the United Nations and the Charter of the Organization of American States — Whether individual can invoke treaty violations — Alleged telephone-tapping by United States officials in foreign countries Whether covered by United States constitutional safeguards — The law of the United States
United States ex rel. Lujan v. Gengler
- United States of America. 8 January 1975
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- 01 January 2021, pp. 206-215
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International law in general — Relation to municipal law — Whether individual allegedly abducted in violation of treaty can invoke treaty violation in municipal court — Effect of absence of protest by State in which abduction took place — The law of the United States
State territory — In general — Nature of territorial sovereignty — Alleged abduction of foreign national from foreign country by United States agents — Whether an infringement of territorial sovereignty contrary to the Charter of the United Nations and the Charter of the Organization of American States — Relevance of absence of protest by State in which abduction took place — The law of the United States
The individual in international law — In general — Position of individual in international law — Alleged violation of treaty provisions prohibiting infringement of territorial sovereignty — Absence of protest by injured States — Whether individual can invoke violations before municipal courts — The law of the United States
Treaties — Conclusion and operation — Operation and enforcement — Whether individual can invoke treaty violation in municipal courts — Relevance of absence of protest by injured State — The law of the United States
Jurisdiction — In general — Territorial jurisdiction — Exemptions from and restrictions upon territorial jurisdiction — Irregular apprehension — Defendant allegedly abducted from foreign country by United States agents — Foreign country not protesting — Whether a violation of international law by the United States in the absence of protest — Whether irregular apprehension deprives United States courts of jurisdiction to try the defendant — Charter of the United Nations — Charter of the Organization of American States — The law of the United States
United States v. Cotten
- United States of America. 2 January 1973
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- 01 January 2021, pp. 215-223
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Jurisdiction — In general — Territorial jurisdiction — Exemptions from and restrictions upon territorial jurisdiction — Irregular apprehension — Defendants forcibly returned to United States from country with which United States had no extradition treaty — Acquiescence of officials of the country — Whether United States courts possess jurisdiction to try defendants — The law of the United States
Jurisdiction — In general — Personal jurisdiction — Over nationals in respect of crimes committed abroad — Theft and conspiracy — Principles of jurisdiction — Objective territorial principle — Irregular apprehension — Defendants forcibly abducted from foreign country — Acquiescence of officials of foreign country — The law of the United States
United States v. Erdos
- United States of America. 14 February 1973
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- 01 January 2021, pp. 224-226
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Jurisdiction — In general — Territorial jurisdiction — Territorial limits of jurisdiction — Crime committed on premises of United States Embassy — Whether within ‘special territorial’ jurisdiction of United States courts — The law of the United States
Diplomatic and consular intercourse and privileges — Permanent diplomatic envoys — Privileges and immunities — Diplomatic premises — Territorial status — Whether part of the sending State's territory for purposes of criminal jurisdiction — The law of the United States
Jurisdiction — In general — Personal — Over nationals in respect of crimes committed abroad — Manslaughter of one United States citizen by another on premises of United States Embassy abroad — Whether within ‘special territorial’ jurisdiction of United States courts — The law of the United States
Scotch Whisky Association v. Barton Distilling Co.
- United States of America. 12 November 1973
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- 01 January 2021, pp. 227-230
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Jurisdiction — In general — Personal — Over nationals in respect of activities taking place abroad — Infringement of trademark by United States corporation operating in Panama — Jurisdiction of the United States courts — The law of the United States
United States v. Lansky
- United States of America. 28 June 1974
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- 01 January 2021, pp. 231-232
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Jurisdiction — In general — Personal — Over nationals abroad — Jurisdiction to require national abroad to return to give evidence in court proceedings — Power to punish for contempt of court in the event of failure to return — Jurisdiction to serve subpoena in foreign country — The law of the United States
Indemnification Claim Case
- Federal Republic of Germany. 12 June 1970
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- 01 January 2021, pp. 233-238
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State responsibility — Nature and kinds of State responsibility — For debts — Outstanding earnings in respect of work done for the German Reich by former prisoner of war — London Agreement on German External Debts 1953, Article 5(2) — Whether claim admissible — The law of the Federal Republic of Germany
State responsibility — Claims — In general — Claim for outstanding earnings in respect of work done as prisoner of war for German Reich — Hague Convention No. IV on Laws and Customs of War on Land 1907, Article 6 — Geneva Convention on Treatment of Prisoners of War 1929, Article 34 — Whether claim admissible — Whether claim deferred — London Agreement on German External Debts 1953 — The law of the Federal Republic of Germany
War and neutrality — War in general — Effects of Treaties of Peace — In general — London Agreement on German External Debts 1953, Article 5(2) — Effect upon claim by individual against Federal Republic of Germany for outstanding earnings in respect of work done as a prisoner of war for the German Reich during the Second World War — Whether claim deferred — The law of the Federal Republic of Germany
State responsibility — Nature and kinds of State responsibility — For breaches of treaty obligations — Annex to Hague Convention No. IV on the Laws and Customs of War on Land 1907, Article 6 — Geneva Convention on the Treatment of Prisoners of War 1929, Article 34 — Claim by former prisoner of war for outstanding earnings in respect of work done for the German Reich — Whether claim admissible — London Agreement on German External Debts 1953, Article 5(2) — Whether claim deferred as one arising out of the Second World War — The law of the Federal Republic of Germany
Polish Forced Labour Case
- Federal Republic of Germany. 9 July 1970
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- 01 January 2021, pp. 240-246
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State responsibility — Damages — Award of damages in general — Grounds for awarding damages — Compensation for damage to health sustained as a result of nationality — Discrimination — Deportation — The law of the Federal Republic of Germany
State responsibility — Claims — Miscellaneous — Compensation for damage to health sustained as a result of nationality — Discrimination on grounds of nationality — Deportation — Forced labour of foreign national in time of war — Whether amounting to discrimination — The law of the Federal Republic of Germany
Renewed Prosecution Case
- Federal Republic of Germany. 20 May 1969
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- 01 January 2021, pp. 247-250
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The individual in international law — In general — Human rights and freedoms — Prosecution in the courts of one State of offences already successfully prosecuted in another State — Constitutional guarantee against renewed prosecution for the same offence — Whether including prosecution in foreign courts — European Convention on Human Rights and Fundamental Freedoms 1950, Article 27 — Whether broader prohibition could be derived therefrom — Article 3 — Whether renewed prosecution amounting to degrading treatment — The law of the Federal Republic of Germany
Ram Chand Birdi v. Secretary of State for Home Affairs
- England. 11 February 1975
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- 01 January 2021, pp. 250-260
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International law in general — Relation to municipal law — Treaties — European Convention on Human Rights — Status in English law — Whether superior to statute — The law of England
The individual in international law — Aliens — Expulsion of aliens — Procedure of expulsion — Illegal immigrant — Amnesty for illegal immigrants entering the United Kingdom before a certain date — Applicant claiming he came within scope of amnesty — Right to a hearing — Standard of fairness — European Convention on Human Rights and Fundamental Freedoms 1950 — The law of England
Treaties — Conclusion and operation — Operation and enforcement — European Convention on Human Rights — Status before the English courts — Whether superior to statute — The law of England
The individual in international law — In general — Human rights and freedoms — European Convention on Human Rights and Fundamental Freedoms 1950 — Status before the English courts — Whether superior to statute — Whether superior to delegated legislation — Immigration — Illegal immigrants — Procedure for removal — Amnesty for illegal immigrants — Rights of immigrant claiming to come within scope of amnesty — The law of England