Treaties of peace — Performance of — Measure of compensation for damage to inventory of companies — Date for valuation of inventory — Claims by national shareholders in enemy companies — Treaty of Peace with Japan, Article 15 (a).

State responsibility — Claims — In general — Treaty of Peace with Italy — Competence of Government of Italy to impose succession tax on compensation paid for war damage — Treaty of Peace, Article 78 (4) (a) and (c).

State responsibility — Damages — Award of — In general — Whether Italy may reduce damages paid under Treaty of Peace by imposing succession tax.

Treaties — Interpretation of — Miscellaneous — Treaties of peace — Restitution and reparation provisions — Extent and meaning of provisions exempting compensation payments from taxation — Ordinary meaning of words — Reference to intention of parties — Treaty of Peace with Italy, Article 78 (4) (a) and (c).

Treaties of peace — Performance of — Right of Government of Italy to impose succession tax on compensation awarded under Treaty of Peace.

Treaties of peace — Performance of — Claims for compensation for loss or damage to property — Extent and meaning of tax exemption provisions — Imposition of succession tax on compensation paid for war damage — Ordinary meaning of words — Reference to intention of parties — Treaty of Peace with Italy, Article 78 (4) (a) and (c).

Treaties — In general — Forms of — Incorporation of provisions of municipal legislation in treaty — Treaty of Peace with Japan, 1951, Article 15 (a) — Incorporation of Draft Allied Powers Property Compensation Law of Japan.

United States — Japanese Property Commission — Functions and powers — Whether competent to act as amiable compositeur — Whether entitled to decide ex aequo et bono — Treaty of Peace with Japan, Article 22 — Agreement between Japan and Allied Powers for Settlement of Disputes Arising under Article 15 (a) of Treaty of Peace.

Treaties of peace — Performance of — Measure of compensation for property not returned to owners — Deprivation of bondholders’ option to receive payment in foreign currency — Relevance of agreement between debtor State and other bondholders increasing face amount due — Whether such agreement relevant on grounds of equity — Treaty of Peace with Japan, Article 15 (a) — Agreement between Japan and Allied Powers for Settlement of Disputes under Article 15 (a) of the Treaty of Peace.

Prisoners of war — Geneva Convention of 1929 on Treatment of — Modification by Detaining Power of pay of its own officers — Whether such modification applicable to prisoners of war — Duties of Detaining Power which is also Occupying Power of country of which prisoner of war is national — Separation of duties under Geneva Convention, 1929, from those under Hague Regulations, 1907.

Treaties of peace — Performance of — Analogous instruments — Convention on the Settlement of Matters Arising out of the War and Occupation, 1952–1954 — Restitution — Conditions of — Discriminatory treatment — Meaning of — Geneva Convention on the Treatment of Prisoners of War, 1929, Articles 23 and 24 — Hague Regulations, 1907, Articles 43 and 48.

Treaties of peace — Performance of — Analogous instruments — Convention on the Settlement of Matters Arising out of the War and Occupation, 1952–1954 — Claim in form of restitution claim but in fact a compensation claim — Exclusion of, under Convention.

Treaties of peace — Performance of — Compensation for loss or damage to property — Valuation of property and assessment of compensation — Principles applicable — Meaning of “similar condition and value” — Relevance of municipal law on valuation of one of the parties — Treaty of Peace with Japan, 1951, Article 15 (a) — Draft Allied Powers Property Compensation Law, Article 5.

Treaties of peace — Performance of — Claims for compensation in respect of loss or damage to property — Time-limits for filing claims — Nationality requirements — Change of nationality and resubmission of claim — Date from which time-limit runs for each beneficiary State — Treaty of Peace with Japan, Article 15 (a) — Draft Allied Powers Property Compensation Law, Articles 3 and 15.

Treaties of peace — Performance of — Analogous instruments Convention on the Settlement of Matters Arising out of the War and Occupation, 1952 — 1954, Chapter Five, Articles 3 and 4 — Restitution — Conditions for.

Arbitration — Procedure — Competence — Competence to review decisions of municipal or occupation organs — Conditions of — Under treaty establishing arbitral tribunal — Arbitral Commission on Property, Rights and Interests in Germany.

Mixed Commission to settle disputes arising from restoration and compensation provisions in Treaty of Peace with Japan — Reference to decision by Conciliation Commission set up under another treaty of peace in pari materiae — Anglo — Japanese Property Commission — Reference to decision of United States — Italian Conciliation Commission.

Anglo — Japanese Property Commission — J urisdiction — Compensation under Treaty of Peace already paid — Incidence of taxationon compensation monies — Possible breach of Treaty of Peace and of Compensation Law incorporated in Treaty — Treaty of Peace with Japan, 1951, Article 15 (a) — Draft Allied Powers Property Compensation Law, Article 21.

Treaties of peace — Performance of — Payment of compensation for loss or damage to property — Extent and meaning of tax exemption provision — Determination of moment when compensation transaction completed — Treaty of Peace with Japan, 1951, Article 15 (a) — Draft Allied Powers Property Compensation Law, Article 21.

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 — 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 erroneous application to Italian national of statute directed at enemy nationals constitutes treatment as enemy — Non — conformity with Italian legislation in force during war — Racial — discrimination legislation enacted after Armistice of 1943 — Ordinary meaning of words — Treaty of Peace with Italy, Article 78 (9) (a).

Treaties of peace — Performance of — Restitution and reparation provisions — Meaning of “treated as enemy” with relation to “the laws in force in Italy during the war” — Whether erroneous application to Italian national of statute directed at enemy nationals constitutes treatment as enemy — Non-conformity with Italian legislation in force during war — Racial-discrimination legislation enacted after Armistice of 1943 — Ordinary meaning of words — Principle of effectiveness — Connection with war.

State responsibility — Claims — Nationality of — Meaning of “treated as enemy” with relation to “the laws in force in Italy during the war” — Whether erroneous application to Italian national of statute directed at enemy nationals constitutes treatment as enemy-Non-conformity with Italian legislation in force during war-Racial — discrimination legislation enacted after Armistice of 1943 — Territorial scope of such legislation — Principle of effectiveness — Nature of discriminatory legislation — Connection with war — Treaty of Peace with Italy, Article 78 (9) (a).

Treaties of peace — Performance of — Claims for restoration of property to any free disposal by owner — Land and buildings — Use for other purposes after taken over by Custodian of Enemy Property — Whether owner entitled to restoration with vacant possession — Meaning of “disposal” in Article 15 (a) of Treaty of Peace with Japan — Liability of Japan to pay compensation for period after obligation to restore arises and prior to restoration.

Mixed Commission to settle disputes arising from restoration and compensation provisions in Treaty of Peace with Japan — Separate Commission for each Allied State and Japan — Whether one Commission bound by determination of another on similar question of law — Aim of consistent interpretation of Treaty — Anglo — Japanese Property Commission.

Treaties of peace — Performance of — Compensation for loss of or damage to property — Assessment of compensation — Principles applicable — Deduction for increase in value of additional property acquired after commencement of war — Calculation of acquisition cost — Calculation of depreciation of fixed assets — Treaty of Peace with Japan, 1951, Article 15 (a) — Draft Allied Powers Property Compensation Law, Article 12 (3).

International law — In general — Sources — Treaties — Priority of specific treaty over other treaties and general public international law.

Treaties — Interpretation of — Principles and rules of — Reliance on text — Natural and ordinary meaning — When insufficient — Literal and grammatical analysis of words of complicated provision — Teleological interpretation.

Relevance of prior general practice concerning subject-matter of treaty.

Multilingual treaty — Comparison of official texts.

Treaties — Interpretation of — Consideration of preparatory work — In relation to purpose of treaty — Meaning of a preparatory document — Distinction between preparatory and preliminary documents — Interpretation of multilateral treaty — Admissibility of preparatory work against acceding State which did not take part in negotiations leading to conclusion of treaty — Discretion of tribunal and circumstances of case as criteria for admissibility of preparatory work against such State.

Treaties — Special kinds of — Treaties of peace — Analogous instruments — Convention on the Settlement of Matters Arising out of the War and Occupation, 1952-1954 — Nature of Convention — Approximation to peace treaty — Whether negotiated or imposed settlement — Relationship between Convention and Treaty of Peace with Italy, 1947.

Arbitration — Evidence — Unfettered discretion of arbitration commission in admitting evidence.

Treaties of peace — Performance of — Analogous instruments — Convention on the Settlement of Matters Arising out of the War and Occupation, 1952–1954 — Restitution under Article 4, paragraph 1, of Chapter Five of Convention — Conditions for restitution or for compensation in lieu under that provision — Basis of right to restitution — Continuance of private property rights of residents of occupied countries — Restitution distinguished from reparation — Provisions of Treaty of Versailles, 1919, and Settlement Convention compared — Identification of restitutable property — Whether distinction to be drawn between formal and substantial identification — Whether identification possible of property no longer existing — Postponement of payment of compensation for unrestitutable property to future Treaty of Peace with Germany.

Treaties of peace — Performance of — Claims for compensation in respect of loss or damage to property — Valuation of property and assessment of compensation — Factor applicable to raise value of goods compulsorily sold in war to price level for similar goods at time of payment of compensation — Treaty of Peace with Japan, Article 15 (a) — Draft Allied Powers Property Compensation Law, Article 5.

Treaties of peace — Performance of — Claims for compensation in respect of loss or damage to property — Responsibility of Government for acts of Trade Association subject to directives of Government Department — Whether basis of claims for compensation limited to measures “taken towards the enemy” — Treaty of Peace with Japan, Article 15 (a) — Draft Allied Powers Property Compensation Law, Articles 2 and 4.

Treaties of peace — Performance of — Claims for compensation for loss or damage to property — Responsibility of State for all acts of Custodian of Enemy Property — Application of Japanese Enemy Property Custody Law as “war-time special measure” within Draft Allied Powers Property Compensation Law — Loss of use of sum in convertible currency — Substitution of smaller amount in inconvertible Japanese currency — Quantum of compensation — Treaty of Peace with Japan, Article 15 (a) — Draft Allied Powers Property Compensation Law, Article 4.

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).

Arbitration — Procedure — Competence — Jurisdiction — Arbitral Commission on Property, Rights and Interests In Germany Extension of jurisdiction — Whether permissible — Request for declaratory judgment.

War — Effects of outbreak of — On enemy property — Placing of enemy property under custodianship — Whether admissible in international law.

Treaties of peace — Analogous instruments — Convention on the Settlement of Matters Arising out of the War and Occupation, 1952–1954 — Restitution provisions — Restoration of rights and interests — Chapter Ten of Convention — Restitution of shares — Conditions of — Discriminatory treatment as prerequisite of return and restoration — Meaning of “discriminatory treatment”.

Nationality — Proof of.

Nationality — Expatriation — Loss of nationality — Polish law

Prisoners of War — Geneva Convention of 1929 — Article 23 — Meaning and effect of — Modification by Detaining Power of pay of its own officers — Whether such modification applicable to prisoners of war — Family allowances — Whether covered by Article 23.

Treaties of peace — Analogous instruments — Convention on the Settlement of Matters Arising out of the War and Occupation, 1952–1954 — Restitution — restitution of rights and interests-Chapter Ten of Convention — Conditions of restitution — Nationality of claimant — Discriminatory treatment — Meaning of — Measures constituting prejudice, deprivation or impairment of right — Geneva Convention of 1929 on Treatment of Prisoners of War — Article 23.

Nationality — Acquisition of — United States of America — Naturalization — “First papers” — Whether conferring United States nationality.

Nationality — Denationalization — Nazi legislation — Non-recognition of validity of — Convention with Germany on the Settlement of Matters Arising out of the War and Occupation, 1952–1954 — Application by Arbitral Commission.

Treaties of peace — Analogous instruments — Convention with German Federal Republic on Settlement of Matters Arising out of the War and Occupation, 1952–1954 — Chapter Ten — Restitution — Restoration of rights and interests — Situs of such rights and interests — Conditions laid down in Convention for restoration — Nationality of claimant — Choice-of-law system of the Arbitral Commission.

Arbitration — Procedure — Procedure before tribunal — Arbitral Commission on Property, Rights and Interests in Germany Appeals to Commission — Admission of — In matters involving patents.

War — Effects of outbreak of — On enemy property — German measures of 1940 — Property of one's own subjects resident in enemy country — Treatment of such property by Germany — Discrimination against Jewish property.

Treaties of Peace — Analogous instruments — Convention on the Settlement of Matters Arising out of the War and Occupation, 1952–1954 — Restitution — Conditions of — Restitution under Law No. 8 of Allied High Commission in Germany — Impairment of property rights by war measures — Meaning of — Restitution of rights involving patents.