'Federal Republic of Germany v. Elicofon (grand Duchess Of Saxony-Weimar Intervening) and Kunstsammlungen Zu Weimar v. Elicofon

Abstract

International law in general — Relation to municipal law — Treaties — Consideration of treaties by municipal courts — Conflict with foreign policy objectives of State — Duty of courts not to enforce — The law of the United States

States as international persons — In general — Sovereignty and independence — Conduct of foreign relations — Relationship between the courts and the Executive in matters of recognition — Duty of courts not to accord standing to instrumentality of an unrecognized foreign government — Duty of courts of a State not to enforce treaty if to do so would conflict with the foreign policy objectives of that State’s government — The law of the United States

States as international persons — In general — Recognition of acts of foreign States and governments — Acts of unrecognized foreign governments — Creation by unrecognized foreign government of juristic person — Whether juristic person possessing capacity to maintain action in courts of a State which does not recognize the foreign government — The law of the United States

States as international persons — State succession — Succession to rights — Germany — Whether Federal Republic of Germany entitled to claim paintings allegedly stolen from Weimar Museum during occupation — Weimar in East Germany — Whether German Democratic Republic or its instrumentality entitled to claim — The law of the United States

States as international persons — State succession — International conventions — Treaty between Germany and the United States concluded in 1923 — Whether surviving Second World War — Whether applicable to East Germany — The law of the United States

Treaties — Conclusion and operation — Operation and enforcement — Enforcement of treaties by municipal courts — Duty of the courts of a State not to enforce a treaty when to do so would conflict with the foreign policy objectives of that State's government — The law of the United States

Treaties — Termination — By operation of law — Outbreak of war — Second World War — Survival of treaties between United States and Germany — Whether treaty between United States and Germany continues to apply to East Germany — The law of the United States

War and neutrality — War in general — Effects of outbreak of war — On treaties — Whether treaty between the United States and Germany survived Second W odd War — Whether treaty applicable to East Germany — The law of the United States

War and neutrality — Warfare on land — Occupation of enemy territory — Public property of the enemy State — Occupation of East Germany — Paintings in art collection of State museum allegedly stolen — Title — Whether the Government of the Federal Republic of Germany can claim — Whether instrumentality of the German Democratic Government can claim — The law of the United States

States as international persons — Recognition — Of governments — Mature of a not to recognize — Whether amounting to a statement that entity in question does not represent the people whom it purports to govern — Effects of refusal to recognize — Status of the unrecognized entity in the law of the State refusing recognition — Whether the unrecognized entity or its instrumentalities have standing to bring an action in the courts — Whether an organization; is separate from the unrecognized government — Treaties — Duty of courts not to enforce a treaty where to do so would be contrary to the foreign policy objectives of the forum State — Relationship between courts and executive in matters concerning recognition — State succession — East Germany — The law of the United States