The Ditta Pomante v. Federal Republic of Germany

Abstract

International law in general — Relation to municipal law — Treaties — Treaty of Peace with Italy, 1947 (Article 77 (4)) — Waiver of claims of Italian nationals against Germany — Relation to Italian law on war damage — Materials supplied on contract to German occupying forces — Whether Italian national may claim in Italian courts against Federal Republic of Germany — The law of Italy.Treaties — Interpretation of — Principles and rules of — Literal and teleological (functional) principles — Application to Treaty of Peace with Italy, 1947, Article 77 (4) — Interpretation in the light of objects of Allied Powers — The law of Italy.War — In general — Effects of treaties of peace — Occupation of enemy territory — Claim for payment for materials supplied to occupying forces — German occupation of Italy — Effect of Article 77 (4) of Treaty of Peace with Italy on claim for payment — Nature and purpose of Article 77 (4).War — On land — Occupation of enemy territory — Requisitions and contributions — German occupation of Italy — Materials supplied to German forces under compulsion — Nature and purpose of contract — Hague Convention, 1907 (Article 52).War — On land — Occupation of enemy territory — Inhabitants — Services — German occupation of Italy — Materials supplied to German forces under compulsion — Hague Convention, 1907 (Article 52).Jurisdiction — Territorial — Exemptions from — Foreign States — Function of distinction between acts jure imperii and acts jure gestionis — Acts of military Occupant — German occupation of Italy — Materials supplied under contract to German military forces — Claim against Federal Republic of Germany in Italian court for payment — Whether exempt from jurisdiction — The law of Italy.