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 — Principles and rules of — Natural meaning of terms — When excluded — Unreasonableness or inconsistency.
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 application of racial — discrimination legislation enacted after Armistice of 1943 constitutes such treatment as enemy — Literal interpretation — Ordinary meaning of words — Interpretation of treaty as a whole — Reference to preamble as aid to interpretation — Interpretation in light of general international law — Treaty of Peace with Italy, Article 78 (9) (a).
Treaties of peace — Performance of — Restitution and reparation provisions — Meaning of “treated as ene1ny” with relation to “the laws in force in Italy during the war” — Whether application of racial — discrimination legislation enacted after Armistice of 1943 constitutes such treatment as enemy — Ordinary meaning of words — Principle of effectiveness — Connection with war.
War — Warfare on land — Belligerent occupation — Nature and effects of — Effect on sovereignty of occupied State — Distinction between belligerent occupation and de facto government — Whether Government de facto created by occupying authorities is to be treated as effective Government of occupied territory — Position of Italian Social Republic.
State responsibility — Claims — Nationality of — Meaning of “treated as enemy” with relation to “the laws in force in Italy during the war” — Whether application of discriminatory legislation enacted after Armistice of 1943 constitutes such treatment — Legislation enacted by Government of Italian Social Republic — Territorial scope of — Principle of effectiveness — Nature of discriminatory legislation — Connection with war — Treaty of Peace with Italy, Article 78 (9) (a).
