Società Teatro Puccini v. Commissioner-General of the Government for the Territory of Trieste

Abstract

State territory — In general — Acquisition of territorial sovereignty — Cession — Trieste — Treaty of Peace with Italy, 1947 (Article 21) — Termination of Italian sovereignty over Free Territory of Trieste — Memorandum of Understanding regarding Free Territory of Trieste, 1954 — Transfer of administration to Italy — Whether Italy thereby acquired sovereignty — The law of Italy.

State territory — In general — Loss of territorial sovereignty — Trieste — Treaty of Peace with Italy, 1947 (Article 21) — Termination of Italian sovereignty over Free Territory of Trieste — Status not finally determined — Memorandum of Understanding regarding Free Territory of Trieste, 1954 — Transfer of administration to Italy — Powers of Italian Commissioner-General administering the territory — The law of Italy.

State Territory — In general — Occupation of foreign territory in time of peace — Trieste — Treaty of Peace with Italy, 1947 (Article 21 and Annex VII, Articles 1 and 10) — Termination of Italian sovereignty over Free Territory of Trieste — Administration by Allied military commands — Memorandum of Understanding regarding Free Territory of Trieste, 1954 — Transfer of administration to Italy — Powers of Allied Military Government — Powers of Italian Commissioner-General administering the territory — The law of Italy.

Treaties — Operation and enforcement of — Treaties affecting sovereignty and administration of territory — Trieste — Treaty of Peace with Italy, 1947 (Article 21) — Termination of Italian sovereignty over Free Territory of Trieste — Administration by Allied military commands — Memorandum of Understanding regarding Free Territory of Trieste, 1954 — Transfer of administration to Italy — Implementation by Italian legislation — Powers of Italian Commissioner-General administering the territory — The law of Italy.

Treaties — Termination of — By act of Party — Mutual consent — Revision — Treaty of Peace with Italy, 1947 (Article 21) — Termination of Italian sovereignty over Free Territory of Trieste — Memorandum of Understanding regarding Free Territory of Trieste, 1954 — Transfer of administration to Italy — Whether modification of indeterminate status of Trieste under Treaty of Peace in absence of consent of all Parties — The law of Italy.

State territory — Nature of territorial sovereignty — Territory whose sovereignty is undetermined — Trieste — Treaty of Peace with Italy, 1947 (Article 21) — Termination of Italian sovereignty over Free Territory of Trieste — Memorandum of Understanding regarding Free Territory of Trieste, 1954 — Effect of — Whether modification of Treaty of Peace — Transfer of administration to Italy — Whether Italian sovereignty renewed — The law of Italy.