Mergé Claim.

Abstract

States as International Persons — Equality of States — Treaties of Peace — Matters of Nationality.

State Responsibility — Claims — Nationality of — Right of Dual National to Claim under Treaty — Rule of Non-protection of Individual against State of Nationality — Test of Dominant or Effective Nationality — Criteria of Test.

Treaties — Conditions of Validity of — Relevance of Element of Constraint and Absence of Equality — Treaties of Peace.

Treaties — Ratification of — Effect of Multilateral Convention Ratified by Some Parties Only.

Treaties — Interpretation of — Principles and Rules of — Interpretation by Reference to Intention of the Draftsman — Literal Interpretation — “The spirit of the treaty” — Restrictive Interpretation — Interpretation by Reference to Principles of International Law — Interpretation by Reference to Authoritative Writings.

Treaties — Interpretation of — Miscellaneous — Provisions in Derogation of Rules of International Law.

Arbitration — Law Applied by Arbitral Tribunals — Dual Nationals — Principle of Effective Nationality.

Conciliation — Conciliation Commissions — Practice of — Law Applied by — Reference to Decisions of Arbitral and Other International Tribunals.

War — Enemy Character — Of Individuals — Definition of Enemy National — The Italian War Law.

War — Armistice — Nature of.

Peace Treaties — Effects of — In General — Political Nature of Peace Treaties — Element of Constraint and Inequality — Limitation on Sovereignty of Defeated State — Necessity for Consent of Defeated State — Performance of Peace Treaties — Restitution and Reparation.

Nationality — Dual Nationality — Right of Dual National to Claim Compensation under Treaty — Test of Dominant or Effective Nationality — Critical Date — Dual Nationality with regard to Third States — Principles and Rules of Interpretation of Treaties — Intention of the Draftsman — Literal Interpretation — “The Spirit of the Treaty” — Restrictive Interpretation — Interpretation by Reference to Principles of International Law — By Reference to Authoritative Writings.