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Vanity Fair Mills, Inc. v. T. Eaton Co
Published online by Cambridge University Press: 28 March 2017
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- Type
- Judicial Decisions
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- Copyright
- Copyright © American Society of International Law 1957
References
1 Footnotes omitted.
1 23 T.C. 361.
2 Footnotes omitted.
1 U.S.T. 3169; T.I.A.S., No. 2490; 136 U.N.T.S. 45.
1 Footnotes omitted.
1 U. S. Treaty Series, No. 876.
2 Decision of the Appellate Division was noted in 49 A.J.I.L. 93 (1955).
3 60 Stat. (2) 1377, at 1384.
1 56 Stat. 174.
2 59 Stat. 884; 40 A.J.I.L. Supp. 45 (1946).
3 Decision below noted in 50 A.J.I.L. 439 (1956).
1 See also cases decided by Austrian Supreme Court, Jan. 14, 1953, Feb. 3, 1954, and Sept. 14, 1955, 45 Revue Critique de Droit International Privé 258 (1956), concerning effects in Austria of Hungarian and Czechoslovak nationalization decrees.
2 Decision below noted in 50 A.J.I.L. 686 (1956).
1 With the assistance of Wm. Bishop, W. Jr. See digest of decisions of U. S.-Italian Commission, 50 A.J.I.L. 150 (1956)Google Scholar.
2 42 A.J.I.L. Supp. 47, 81 (1948).
3 Somewhat analogous to the agreements between the United States and Italy of August 14, 1947. Ibid. 146 ff.
4 Art. 78, par. 1, reads: “In so far as Italy has not already done so, Italy shall restore all legal rights and interests in Italy of the United Nations and their nationals as they existed on June 10, 1940, and shall return all property in Italy of the United Nations and their nationals as it now exists.”
Par. 4(a) of this article provides: “The Italian Government shall be responsible for the restoration to complete good order of the property returned to United Nations nationals under paragraph 1 of this Article. In cases where property can not be returned or where, as a result of the war, a United Nations national has suffered a loss by reason of injury or damage to property in Italy, he shall receive from the Italian Government compensation in lire to the extent of two-thirds of the sum necessary, at the date of payment, to purchase similar property or to make good the loss suffered. …”
5 Par. 9(c) gave a general definition of “property” as used in the article, and added: “Without prejudice to the generality of the foregoing provisions, the property of the United Nations and their nationals includes all seagoing and river vessels, together with their gear and equipment, which were either owned by United Nations or their nationals, or registered in the territory of one of the United Nations, or sailed under the flag of one of the United Nations and which, after June 10, 1940, while in Italian waters, or after they had been forcibly brought into Italian waters, either were placed under the control of the Italian authorities as enemy property or ceased to be at the free disposal in Italy of the United Nations or their nationals, as a result of measures of control taken by the Italian authorities in relation to the existence of a state of war between members of the United Nations and Germany.”
6 Decisions 52 through 70, all decided Oct. 24, 1955, deal with the amount of compensation for loss of, or injury to, British yachts in Italian waters.
7 Judge Bolla serving as third member.
8 Par. 4(d) of Art. 78 reads: “The Italian Government shall grant United Nations nationals an indemnity in lire at the same rate as provided in sub-paragraph (a) above to compensate them for the loss or damage due to special measures applied to their property during the war, and which were not applicable to Italian property. This sub-paragraph does not apply to a loss of profit.”
9 In the Josiah Gibson claim, Decision No. 6, the Commission on April 14, 1953, rejected that part of a claim presented to cover loss of good will of a commercial business which came to an end when a British national doing business in Naples was interned in a concentration camp. Apart from the abstract question of compensability of the loss of good will, the Commission found that “it is certain that the damage is not adduced as a direct consequence of a specific event of war or of measures adopted in respect of Mr. Gibson's property; and therefore the liability of the Italian Government does not exist, either under para. 4 a) or under para. 4 d) of Article 78 of the Peace Treaty.”
10 Art. 83, par. 1, provides for establishment of a Conciliation Commission to deal with “any disputes which may arise in giving effect to” specified articles of the Treaty. Par. 2 adds: “When any Conciliation Commission is established under paragraph 1 above, it shall have jurisdiction over all disputes which may thereafter arise between the United Nations concerned and Italy in the application or interpretation of Articles 75 and 78 and Annexes XIV, XV, XVT, and XVII, part B, of the present Treaty, and shall perform the functions attributed to it by those provisions.” Par. 6 provides: “The decision of the majority of the members of the Commission shall be the decision of the Commission, and shall be accepted by the parties as definitive and binding.”