Swiss Confederation v. German Federal Republic (No. 1).

Abstract

International law — Sources of — General principles of law — Principles of private international law — Use of comparative law — Absence of uniformity of laws — Effect ofTreaties — Interpretation of — Agencies of interpretation — Arbitral Tribunal — Interpretation by.Treaties — Interpretation of — Principles of Interpretation — Effectiveness — Interpretation of arbitral undertakings — Possibility of conflicts between international tribunals — Whether to be avoided.Reference to purposes — Intention of Parties — Liberal interpretation — Reasonableness — Use of preamble — Methods which can be simply and fruitfully applied — Reference to — Natural meaning — Surrounding circumstances.Interpretation by Parties subsequent to conclusion — Weight to be attached — Permissibility of reference to evidence of interpretation if not referred to in argument.Use of treaties of municipal law terms — Reference to municipal law for purposes of interpretation — Permissibility of — Multilingual treaties.Preparatory work — Consideration of — Confirmatory character of — Absence of published record — Assertions of Parties as to content of — Whether of evidential value — History of origin of Agreement.Treaties — Special kinds of — Peace Treaties — Analogous instrumenta — Agreement on German External Debts, 1953 — Annex VII — Private law contracts — Regulation by Agreement — Claims with speclftc foreign character — Criteria for determining such character — Place of payment situated abroad — Meaning of — Whether to be ascertained in accordance with municipal law — Application of rule relating to interpretation of treaties — Natural meaning of term “place of payment” in contradistinction to other meanings — Corroborated by history of Agreement — Gold clause — Debts with — Conversion of such debts — Under Agreement on German External Debts — Foreign creditors.Arbitration — In general — Conception and function of arbitration — Decision on interpretation and application of international Agreement — In contradistinction to decision on claim.Arbitration — In general — Law applied by arbitral tribunals — Private international law — Problem of lex fori — Choice of law in contract cases.Arbitration — Procedure — Competence — Jurisdiction — Of Arbitral Tribunal for Agreement on German External Debts — Exclusive jurisdiction regarding interpretation or application of Agreement — Attempt to settle dispute by negotiation prior to submission to Arbitral Tribunal — Competence of other arbitral body yet not establlshed — Litispendence — Principle of perpetuatio fori — Dispute between Governments distinguished from dispute between private individuals — Request for decision distinguished from request for advisory opinion.State responsibility — For wrongs unconnected with contractual obligationsActs and omissions of State organs — Exhaustion of local remedies — Rule of — Applicability in arbitration proceedings — Absence of special provision for application — Case not involving claim on behalf of individual — Request for interpretation of Agreement as between States — Effect of — Exhaustion of local remedies under Agreement on German External Debts, 1953.Acts of judicial organs of State — Denial of justice — Error of law — Error in application of Treaty — Whether State responsible.