Falco Claim.

Abstract

Recognition of acts of foreign Governments — Whether consideration of legislation of revolutionary Government constitutes recognition of that Government — Italian Social Republic.

Recognition of acts of foreign Governments — Legislation of revolutionary Government — Whether legislation of Italian Social Republic constitutes “laws in force” for purposes of Treaty of Peace with Italy — Principle of effectiveness.

Recognition — Of States — Status of revolutionary Government — Whether legislation of Italian Social Republic constitutes “laws in force” for purposes of Treaty of Peace with Italy — Principle of effectiveness.

Recognition — Of Governments — Whether consideration of legislation of revolutionary Government constitutes recognition of that Government — Italian Social Republic.

Jurisdiction — Territorial — Territorial limits of — Authority in State divided between lawful Government and rebel Government — Scope of legislation of rival Governments — Principle of effectiveness — Position in Italy after Armistice, 1943 — Scope of laws of Government of Italian Social Republic.

State responsibility — Nature and kinds of — Acts of revolutionary Governments — Responsibility of Italy for acts of revolutionary Government of Italy during Second World War.

Treaties — Interpretation of — Miscellaneous — Treaties of peace — Restitution and reparation provisions — Meaning of “treated as enemy” with relation to “the laws in force in Italy during the war” — Whether erroneous application to Italian national of statute directed at enemy nationals constitutes treatment as enemy — Non — conformity with Italian legislation in force during war — Racial — discrimination legislation enacted after Armistice of 1943 — Ordinary meaning of words — Treaty of Peace with Italy, Article 78 (9) (a).

Treaties of peace — Performance of — Restitution and reparation provisions — Meaning of “treated as enemy” with relation to “the laws in force in Italy during the war” — Whether erroneous application to Italian national of statute directed at enemy nationals constitutes treatment as enemy — Non-conformity with Italian legislation in force during war — Racial-discrimination legislation enacted after Armistice of 1943 — Ordinary meaning of words — Principle of effectiveness — Connection with war.

State responsibility — Claims — Nationality of — Meaning of “treated as enemy” with relation to “the laws in force in Italy during the war” — Whether erroneous application to Italian national of statute directed at enemy nationals constitutes treatment as enemy-Non-conformity with Italian legislation in force during war-Racial — discrimination legislation enacted after Armistice of 1943 — Territorial scope of such legislation — Principle of effectiveness — Nature of discriminatory legislation — Connection with war — Treaty of Peace with Italy, Article 78 (9) (a).