Case Concerning Gold Looted from the Netherlands.

Abstract

War — Treaties of peace — Performance of — Restitution provisions — Treaty of Peace with Italy, 1947 (Article 75) — Provision for restitution of monetary gold (Article 75 (8)) — Comparison with obligation to restore other identifiable property (Article 75 (2)) — Meaning and scope of Paris Agreement on Reparations, 1946 (Part III and Article 75 (8)) — Whether applicable to same factual situations — Whether Italy obliged to restore monetary gold wrongfully removed to it by German authorities from German-occupied territory — Possibility of double recovery by claimant States under Paris Agreement and Peace Treaty — Whether Italy obliged to abstain from normal transactions in gold during war — Relevant standard of care imposed on Italy and Italian authorities — Duty to be vigilant concerning lawful origin of gold.