Alig v. Trust Territory of The Pacific Islands

Abstract

States as international persons — Composite and dependent States and territories — Mandated and trust territories — Rights and duties of the administering authority — Whether administering authority responsible for wrongs of previous administration — Whether administering authority can be sued without its own consent — Whether administering authority can be sued in the courts of the trust territory — The law of the Trust Territory of the Pacific IslandsState succession — Succession with regard to obligations for delinquencies (torts) — Japanese mandated territory subsequently becoming United States tru~t territory — Extent of liability of trust territory government for wrongs of former administration — The law of the Trust Territory of the Pacific IslandsState territory — In general — Nature of territorial sovereignty — Trust territory — Nature of sovereignty within trust territory — The law of the Trust Territory of the Pacific IslandsJurisdiction — In general — Territorial jurisdiction — Exemptions from and restrictions upon territorial jurisdiction — Foreign States — Trust Territory of the Pacific Island — Whether entitled to sovereign or governmental immunity in the courts of the Trust Territory — Whether entitled to limited sovereign immunity — Whether the Trust Territory a separate entity or an organ of the United States — The law of the Trust Territory of the Pacific IslandsTreaties — Conclusion and operation — Operation and enforcement — Whether treaty confers rights upon individuals which may be enforced in municipal courts — Charter of the United Nations — Trusteeship Agreement for the former Japanese Mandated Islands — The law of the Trust Territory of the Pacific IslandsTreaties — Conclusion and operation — Effect on third parties — Effect on individuals — Whether treaty confers rights upon individuals enforceable by municipal courts — Charter of the United Nations — Trusteeship Agreement for the former Japanese Mandated Islands — The law of the Trust Territory of the Pacific IslandsInternational organization and administration — The United Nations — Legal nature of the United Nations — Charter of the United Nations — Whether conferring upon individuals rights enforceable in municipal courts — Trusteeship system — Legal nature of trusteeship — Sovereignty in trust territory — Whether trusteeship agreement confers rights upon individuals — The law of the Trust Territory of the Pacific IslandsStates as international persons — Composite and dependent States and territories — Mandated and trust territories — Sovereignty over and status of mandated and trust territories — Whether a trust territory a legal entity — Whether the government of a trust territory can be sued in the courts of the trust territory without its consent — Concept of qualified sovereignty entitling government to limited degree of sovereign immunity — Trusteeship agreement — 89Whether conferring upon individuals rights which can be asserted before the courts of the trust territory — State succession — Whether administering authority of trust territory liable for alleged wrong committed by previous administering power during mandate — Trusteeship Agreement for the Former Japanese Mandated Islands — The law of the Trust Territory of the Pacific Islands