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Aris Gloves Inc. v. United States

United States of America.  23 January 1970 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International law in general — Relation to municipal law — Potsdam Agreement and Paris Reparation Agreement — Whether giving United States national right to compensation — Whether creating rights in United States law — The law of the United States

States as international persons — Sovereignty and independence Conduct of foreign relations — Treaty — making power of the President — Whether subject to judicial limitation — Potsdam Agreement — Whether entailing violation of the United States Constitution The law of the United States

State responsibility — Claims — State control over private claims — State declining to insist on compensation for one of its nationals — Whether amounting to a taking of national’s property — Potsdam Agreement — The law of the United States

Treaties — Termination — By operation of law — Fundamental change of circumstances — Relevance of change of circumstances to treaty — Failure of consideration — Exchange of Notes 1961 between Federal Republic of Germany and Iceland

War and Neutrality — Warfare on land — Occupation of enemy territory — Respect for private property — Soviet seizure ofproperty of United States nationals located in Soviet Zone of Germany — Potsdam Agreement — Paris Reparation Agreement — Liability of the United States for taking — The law of the United States

Treaties — Operation of — Effect of treaties on third parties — Whether treaty gives rise to rights in municipal law — Potsdam Agreement — Paris Reparation Agreement — Whether an implied contract to compensate United States nationals — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1980

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