Similar Treaties Research Articles

The ESM Reform and Its Missing Legitimacy in Non-Euro Area Member States

The goal of this article is to analyse whether the European Stability Mechanism (ESM) and its current reform have been subjected to sufficient legal and democratic approval in non-euro area Member States. It is argued that the establishment of the ESM and the consequential obligation to accede to it after entering the euro area is at least to a certain extent legally and democratically underpinned by Article 136(3) Treaty on the Functioning of the European Union (TFEU). The establishment of the prospective euro area entrants’ obligation to join the ESM after adopting the euro is a manifestation of the normative value of Article 136(3) TFEU. However, the 2021 ESM reform has not been accompanied by a similar Treaty amendment and thus lacks legal and democratic legitimacy in non-euro area countries. This may have legal and political consequences for the obligation to adopt the euro in the affected countries. ESM, European Stability Mechanism Reform, ESM Treaty, Economic and Monetary Union, euro adoption, euro area entry criteria, Article 136 TFEU, democratic legitimacy

Peace negotiations between Russia and Latvia in 1920: Premises, key issues, and outcomes

The conclusion of the Peace Treaty between Latvia and the RSFSR on August 11, 1920 marked an important stage both in the process of international recognition of Latvia and in the normalization of international relations in the region in general, and charted a new course of the foreign policy of the Soviet state. On the basis of a wide range of archival sources (transcripts of the plenary meetings of the RSFSR and Latvia delegations, the meetings minutes of the Soviet-Latvian boundary commission, etc.), as well as recent Russian and foreign historical researches, the paper examines a set of issues related to the conclusion of the Treaty. The key issues that predetermined the agenda of the Soviet-Latvian peace negotiations included border demarcation, the exchange of war prisoners, the return of property evacuated to Russia, the return of refugees and the establishment of procedures for citizenship option. The author notes that the issue of border delimitation and demarcation was one of the most controversial and painful during the negotiations. The ethnographic principle for future borders was inextricably linked with economic and military-strategic considerations. The author examines territorial concessions made by the RSFSR to Latvia and concludes that they served as a demonstration of the Soviet Russia readiness to take into account the territorial claims of the Baltic republics, which allowed it to achieve peace in the region and fix new borders, as well as to establish trade relations indispensable for the survival of a young Soviet state during the Civil War. At the same time, the Soviet representatives took a hard line on compensations for the damage caused during hostilities and the return of property evacuated from Latvia. The author concludes that the Soviet-Latvian treaty and similar treaties with other Baltic states not only enabled the establishment of a new balance of power in the East Baltic region for the interwar period and laid the foundation for the Soviet foreign policy towards the Baltic republics, but also served as a vivid example of realization of ‘the right of self-determination of peoples up to secession’. Finally, these treaties became one of the means to break the diplomatic isolation of Soviet Russia.

Trade treaties of Russian and British empires with Yattishar: historical and legal study

The relations of the Russia and Britain with the self-declared state of Yettishar was a striking example of different approaches of two empires to the states and peoples of the Central Asian regions within so called Great Game, i.e. Russo-English rivalry in the 19th c. The trade treaties of Yattishar with the Russian Empire of 1872 and with the British Empire in 1874 became a legal reflection of these approaches and are of great interest within the context of the historical experience of the legal status of unrecognized states and positions of the rival world powers towards such states. The purpose of the article is a historical-legal analysis of above-mentioned treaties and comparative-legal analysis of them with the similar treaties signed by Russia and England with other Central Asian states during the same period. Author attempts to clarify if treaties of 1872 and 1874 confirmed recognition by both empires of Yettishar as a subject of international relations and how these legal documents reflected confrontation of Russia and England in the region. The study is mainly based on the formal-legal, historical legal and comparative-legal methods. Also author used the methods of legal anthropology and general history. The results of the research to a certain extant correlate with modern approaches in the policy of Russian and western powers in Central Asia in terms of political situation in the region as well as political, legal and cultural traditions of Central Asian states and peoples.

Will FinTech Cause a Reconsideration of the Administrative and International Law Governing Public Procurement?

Regulators should not just leave FinTech rulemaking up to financial regulators. Contracting authorities should not just develop or use their own selected FinTech applications willy-nilly. They should contribute to overall changes in a procurement law -which extend far beyond simple supervisory or regulatory technologies (RegTech/SupTech). Governments should get serious about the Agreement on Government Procurement and similar treaties - by creating a new authority to help develop the law needed to put FinTech-enabled procurement platforms in place. China’s own world-leading FinTech and cross-border public procurements do not always contribute to a global level playing field. Any FinTech applications facilitating public procurement should thus encourage compliance with the procurement law legal principles the international community has developed over decades.

Will FinTech Cause a Reconsideration of the Administrative and International Law Governing Public Procurement?

Regulators should not just leave FinTech rulemaking up to financial regulators. Contracting authorities should not just develop or use their own selected FinTech applications willy-nilly. They should contribute to overall changes in a procurement law -which extend far beyond simple supervisory or regulatory technologies (RegTech/SupTech). Governments should get serious about the Agreement on Government Procurement and similar treaties - by creating a new authority to help develop the law needed to put FinTech-enabled procurement platforms in place. China’s own world-leading FinTech and cross-border public procurements do not always contribute to a global level playing field. Any FinTech applications facilitating public procurement should thus encourage compliance with the procurement law legal principles the international community has developed over decades.

Hearing balance and communication jubilees exponents of the ‘twenties’: Théophile Bonet (1620–1689), the deaf author of ‘De Aurium Affectibus’

Purpose: To discover the widest collection of anatomo-pathological findings published in the XVII century, Theophile Bonet’s Sepulchretum sive Anatomia Practica (1679), the forerunner of Morgagni’s De Sedibus et Causis Morborum (1761). Particular attention has been paid to the paragraphs relating to otology and audiology.Method: Section 19 of Book I of the Sepulchretum (entitled De Aurium Affectibus) contains the description of all the ears pathologies found during autopsies performed at that time. Results: The annotations in this section provide an idea of the concepts and the knowledge that physicians had of otological and audiological syndromes in the XVII century. Conclusion: The Sepulchretum was fundamental in the development of modern medicine, as demonstrated by the similar treaties that followed Bonet’s work.

La política científica y tecnológica de China y la cooperación sino-argentina

Se presentan aspectos relevantes del sistema de ciencia y tecnología de la República Popular China, la estructura institucional y el planeamiento estratégico del sector y se caracterizan las principales reformas que permitieron el despegue económico y científico-tecnológico del país asiático. Por otra parte, se analiza la cooperación sino-argentina en CyT a partir de los tratados bilaterales y se compara con tratados similares establecidos con Estados Unidos. Se discute en particular la cooperación llevada a cabo en el campo de la biotecnología y el sector nuclear. El análisis del fenómeno del despegue tecnológico chino permite reflexionar sobre los desafíos, oportunidades y enseñanzas que brindan. Proporciona además ideas y alternativas para construir una estrategia de desarrollo nacional y regional centrada en la transformación productiva, el trabajo, la soberanía y la inclusión.

POLAND AND THE EASTERN PACT

The article features the activities of the Soviet and the Polish governments aimed at creating the so-called Eastern Pact in 1933 – the spring of 1935. The archives of Soviet intelligence declassified in the 2000s show that while the Soviet government fought for the pact, the governments of Poland, Germany and Japan were secretly preparing to conduct a policy of aggression against the USSR as early as in 1935; the secret sponsor and mastermind behind the plan was representatives of the British ruling circles. The major figures of the group were the head of the Bank of England M. Norman and the head of the House of Lords and the Minister of War, Lord Hailsham. By the spring of 1935, the Soviet political authorities already possessed all the information of strategic importance, which allowed them to take the necessary action. In March 1935, the Chinese Eastern Railway was sold, in April they publicized the secret Polish-German treaty signed on 25 February, 1934; on 2 May the Franco-Soviet treaty of mutual assistance was signed, and a similar treaty with Czechoslovakia was concluded on 16 May. Thus, the minor collective security system was established, which would put an end to the plans of Berlin, Tokyo and Warsaw to unleash their anti-Soviet intervention before the end of 1935.

How Can the Multilateral Tax Treaty Help Overcoming the Treaty Shopping Issue

One of the currently main challenges of International Tax Law is addressing the treaty abuse deployed by various multinationals. These, by taking advantage of their freedom of movement and establishment, have the chance to refine and enlighten their tax burdens by involving third countries and their tax relationship, therefore gaining arguable and controversial profits.This phenomenon has steadily grown, reaching nowadays the extent where many countries around the world are concerned given the fewer tax revenues. Amongst the most infamous business, newspapers reported Apple, Google, Ikea, Pepsi, Amazon and P&G, whose strategies proved being effective.What is now left to the countries is finding a strategy to curb abuses of law. At this regard, seen the inefficiency of Bilateral Tax Treaties, various legal devices were tested along the years but none of them led to a proper solution. Moreover, constraints arising from European Law may look like inflicting the coup de grace on the residual hope.Although it would look consequent that Tax Law cannot offer a proper antidote, the countermeasure planned by the OECD may finally help resolving these issues: a Multilateral Tax Treaty.With it, it would be possible to involve several countries in a single lawsuit, thus facilitating exchange of information and sharing of opinions.Yet, a Multilateral Treaty in this field, although wished for since almost two decades, still needs a proper tailoring to the current panorama with the right legal measures and this is why an International Conference was announced for 2015.Therefore, what is a Multilateral Tax Treaty and can it face this challenge? How should it be drafted and which provisions should it contain? Are there alternatives to it?With this thesis, I will try to provide an answer to these questions above and explaining how a possible failure could lead to an utterly grim scenario. Moreover, based on both current knowledge and personal prompts, I will try to hypothesise which provisions should this contain, by taking into account past successes and failures of similar treaties and legal principles of International law.

Repellent Forces: The CJEU and Investor-State Dispute Settlement

The European Union (EU) aspires to conclude and ratify comprehensive trade agreements with Canada, Singapore, the USA and other States containing investment chapters which also provide for investor-State dispute settlement (ISDS). Surprisingly, the conditions and limits stipulated by the Treaties upon which the European Union is founded, i.e. the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), have received only selective attention. When it comes to the establishment of dispute resolution bodies in international agreements concluded by the EU the concept of autonomy of EU law has proven to be the crucial touchstone. The role of this concept, mainly developed in a series of opinions of the Court of Justice of the European Union (CJEU), in limiting the Union’s leeway to subject itself to the current model of investor-State arbitration has so far not sufficiently been explored. This paper suggests that, in the light of recent decisions, it is not a purely theoretical possibility that the CJEU might take issue with the scope of ISDS currently contained in the CETA Text and similar draft treaties. The means available to sufficiently address the conditions stipulated by EU law might not just bring some modification to the current model of investor-State arbitration, but could completely alter its DNA.

The Arms Trade Treaty Regime in International Institutional Law

By the end of 2014, the Arms Trade Treaty (ATT) will enter into force, creating new treaty organs that will further develop international institutional law as it applies to these quasi-international organizations. The states parties to the ATT did not create a new international organization to support the treaty regime, but instead created treaty organs to do the same task, specifically the Conference of States Parties (CSP) and the Secretariat. While the creation of international organizations was once seen as the best solution, states are increasingly attracted to the creation of treaty organs instead. The emergence of yet more treaty organs into the already crowded field shows that this approach may now be the dominant method for giving effect to bureaucratic regimes, displacing the older preference for formal international organizations. In creating these organs, the states parties to the ATT are drawing on several decades’ worth of experience with these bodies and the initial steps taken already show that the ATT organs will continue and buttress crystallizing international practice on treaty organs. This article will review the text of the ATT pertinent to the treaty organs and place the new regime into a comparative study of similar treaty organs. It will also contribute to the scholarship on treaty organs by functionally applying international institutional law to these entities. This approach is not merely a wish; rather, it represents the current practice regarding these organs, as evidenced through the wide-ranging comparative study of the application of international institutional law.

Grounds of Judgment: Extraterritoriality and Imperial Power in Nineteenth-Century China and Japan by Pär Kristoffer Cassel (review)

Reviewed by: Grounds of Judgment: Extraterritoriality and Imperial Power in Nineteenth-Century China and Japan by Pär Kristoffer Cassel Marie Seong-Hak Kim Grounds of Judgment: Extraterritoriality and Imperial Power in Nineteenth-Century China and Japan by Pär Kristoffer Cassel. Oxford: Oxford University Press, 2012. Pp. xi + 260. $39.95. Grounds of Judgment departs from previous scholarship in that it approaches extraterritoriality from the Chinese and the Japanese perspectives instead of those of foreign actors in the treaty ports. In Pär Cassel’s narrative, China and Japan emerge as the main players in the encounter with the West, not the hapless victims of unequal treaties. This well-researched work sets forth how the establishment and the execution of consular jurisdiction were shaped and influenced by the traditional Chinese and Japanese legal orders and by their subsequent changes over the nineteenth century. Extraterritoriality is a legal regime through which a state exercises [End Page 382] exclusive jurisdiction over its nationals in another state’s territory. After it suffered defeat in the Opium Wars in 1842 and 1860, Qing China was forced to conclude treaties with Western powers and to give up the right to try the citizens of those powers in the treaty ports. Trials of Chinese or foreigners without treaty rights in the concession areas were to be conducted by a mixed court of Chinese judges and foreign assessors. The signing of similar treaties in Tokugawa Japan, starting in 1858, precipitated the ignominy of extraterritoriality that continued until the Meiji government succeeded in abolishing it in 1899. For China it was not until 1943, in the midst of World War II, that the foreign powers relinquished their consular-jurisdiction privileges, which had aggrieved their wartime ally. The Western powers justified extraterritoriality on the grounds that East Asian law and legal systems were not advanced enough to guarantee impartiality in the treatment and trials of foreign nationals. Meiji leaders accepted early on that legal reforms were essential in order to abolish extraterritoriality and to achieve international parity with Western nations. Qing authorities, in contrast, remained largely oblivious to the need to revise the treaties. For most of the nineteenth century, states Cassel, there is little evidence that the Qing government made a concerted effort to abolish extraterritoriality. Whenever an “extraterritoriality incident” occurred, that is, whenever Westerners who committed crimes in the concession areas evaded Chinese courts due to extraterritoriality, Qing officials “shied away from mobilizing public opinion, and instead they did their utmost to secure the best possible outcome within the confines of the existing legal order” (p. 163). Why this debilitating indifference and costly complacency? After all, Cassel argues—this is one of the main arguments in the book— that “extraterritoriality was not necessarily incompatible with a Chinese legal sensibility” (p. 39). Cassel is keen to dismiss the standard narrative that the Chinese and Japanese vigorously but unsuccessfully opposed the Western demand for extraterritoriality. Far from the common belief that the Qing government resisted the imposition of extraterritoriality, Cassel finds that “some of the privileges that were later decried as imperialist impositions on China were actually offered to the Western powers by Qing officials voluntarily” (p. 47). He embraces John King Fairbank’s insight that the treaty system was “a Ch’ing device for accommodating [End Page 383] the West and giving it a place within the Chinese world.”1 Historians have shown that a distinct East Asian interstate system existed in the borderlands in the premodern period and that the multi-ethnic Manchu empire pursued a flexible legal policy toward the peoples in the outer regions, such as the Miao, Yao, Muslims, and Mongols. Cassel stresses that extraterritoriality was not a foreign concept suddenly thrust on China in the nineteenth century. He shows, in particular, how the Qing institution of judicial subprefects served as a precedent to extraterritoriality and the mixed courts in Shanghai. Judicial subprefects adjudicated “mixed cases,” such as disputes between Manchu bannermen and Chinese civilians, in a joint trial with local officials. When Qing officials agreed to set up mixed courts that included foreign consuls, they were drawing on their experience of managing interethnic disputes (p. 67). Continuing the traditional policy of not...

The beginnings of modern education in Korea, 1883–1910

Korea opened up to foreign intercourse in 1876, when the country concluded its first international treaty with Japan. Similar treaties with European and American nations followed during the 1880s. The period until 1910, when Korea was annexed to the Japanese Empire, saw manifold attempts to reform as well as resistance to these reforms. Against the background of research on the world institutionalisation of education, this contribution analyses the changes that the opening of Korea entailed in the field of education, especially focusing on newly established forms of education. First, modern education was characterised by newly created institutions and curricula. These institutions can be classified according to the actors engaged in their creation, private Korean citizens, foreign missionary actors and the Korean government. Second, new educational discourses and practices characterised modern education in Korea. These new discourses played a central role in negotiating Korean nationalism and in culturally positioning Korea between China and the “West”. Bodily practices were radically changed through uniforms, new hairstyles and military drills. A new system of classroom interaction was introduced to Korea.

The regime of international investments within the EC-Chile Association Agreement: towards a possible renegotiation?

This paper aims at analyzing the Association Agreement concluded between the European Community, today European Union, and Chile, as it is believed that it can be, given its articulated regulatory and institutional framework, a good example of how similar treaties, in the field of international investments, can combine the protection of the foreign company’s rights with the promotion and respect of the host-State’s public interests. Besides, in the light of the amendments to the content and scope of the EU Common Commercial Policy made by Treaty of Lisbon, through which the European Union acquires an exclusive competence in the field of FDI, it seems likely that in the future the issue of FDI may fully fall within the scope of the said Association Agreement, excluding, in the relations between Chile and the single EU Member States, the application of the BIT in force. This might encourage the parties to introduce a chapter on the setting up of a dispute settlement mechanism also operating in the relationships between investors and host-States. Such progress, in fact, would be fully in line with the recent practice of Free Trade Agreements concluded by Chile with third countries, which entrust the resolution of conflicts between the foreign company and the host-State to international arbitration bodies.

Onboard Electronic Fraud: Piracy in the Twenty-First Century?

Internet access is available on some international flights; this will become more commonplace in the future. Internet frauds abound. Already, most personal banking is performed using the Internet; it is easy to transfer funds from one account to another, including from a personal or trust account to that of a fraudster. For example, if a trustee who is both an Australian citizen and a Hong Kong permanent resident, on board an aircraft (Cathay Pacific, Virgin Atlantic, or Qantas) in international airspace flying from Hong Kong to Australia, uses a personal computer to access an Australia-based trust account and (while unauthorized) transfers money to a personal account, has the trustee committed any crime for which he/she may be arraigned in any jurisdiction? It will be argued that the answer may be 'no'. What if the trustee is flying Cathay Pacific? This is partly because the law of Hong Kong insists that Hong Kong has jurisdiction over acts committed by persons aboard Hong Kong-registered aircraft yet does not recognize Internet activity of the type indicated above as a crime if the perpetrator is in international airspace. Similarly, if the trustee is on Virgin Atlantic, the United Kingdom claims jurisdiction and holds that no crime has been committed unless a trust fund based in the home country has been plundered. However, the (Australian) Criminal Code 1995 (Cth) (hereinafter 'the Code') appears to forbid the type of fund transfer mentioned (whether the trustee is on Cathay Pacific, Virgin Atlantic, or Qantas); it thus seems at first blush that the trustee has committed a crime in Australia. The problem is that a Commonwealth prosecutor cannot (it is submitted) access the Code, because the Crimes (Aviation) Act 1991 (Cth) (promulgated earlier in time than the Code) effectively states that no non-violent act in which a person engages on an Australia-bound aircraft (Qantas or otherwise) in international airspace after takeoff from a foreign country is a crime. On such a flight, the Code is inapplicable. The maxim generalia specialibus non derogant is relevant. One solution is that concerned States should draft and sign a treaty that puts national law to one side to ensure that modern-day pirates (such as the errant trustee) are nowhere safe. Similar treaties are already in force to deal with high-seas pirates and aircraft hijackers; the meaning of piracy requires expansion in the twenty-first century.

Mexicos MBA Programs: Seven Years Into NAFTA

In its first seven years the North American Free Trade Agreement, NAFTA, has generated growth and stability for the Mexican economy. As a result of this success, the demand for academically trained managers increased and enrollment in MBA programs almost quadrupled. Despite this remarkable growth in enrollment, the total student population in MBA programs is relatively small and their academic standards are rather low. It is expected, however, that as NAFTA and other similar treaties continue modernizing Mexicos economy, the academic standards will rise and enrollment will be in proportion to the size of the economy.

The End of Barbary Terror: America's 1815 War Against the Pirates of North Africa (review)

Reviewed by: The End of Barbary Terror: America's 1815 War Against the Pirates of North Africa Lotfi Ben Rejeb Leiner, Frederick C. —The End of Barbary Terror: America's 1815 War Against the Pirates of North Africa. Oxford and New York: Oxford University Press, 2006. Pp. 239. When Henry G. Barnby published The Prisoners of Algiers in 1966, he referred to the first American-Algerian conflict of 1785–1797 as a "forgotten war." There is today a striking regain of interest for the drawn-out conflict (1776–1815) commonly known as the Barbary Wars, between the young American republic and the Ottoman regencies of Algiers, Tunis, and Tripoli. Prompted by the emergence of political Islam in Middle Eastern and international politics and by the terrorist attacks of 9/11 particularly, a spate of new books about the old conflict has appeared recently, many of them showing a presentist inclination to draw links between America's first contact with the Islamic world two centuries ago and her "War on Terror" today. Frederick C. Leiner's book, which focuses on the concluding phase of the Barbary Wars, is one example of this literature. As in 1776, Britain emboldened Algiers to attack American ships again during the War of 1812, resulting in the capture of the brig Edwin with a crew of eleven. President Madison instructed Consul Mordecai Noah to redeem the captives, but, since the Dey of Algiers proved inflexible about the ransom, Madison declared war and dispatched a naval squadron to the Mediterranean under the command of Stephen Decatur, hero of the US-Tripolitan War of 1801–1805. A splendid little war it was for the United States. The showdown with Algiers, the strongest Barbary power, was practically a no-show, at best a military promenade. The Algiers navy was, in the words of one American sailor, "a mere burlesque" (p. 113). Quickly smothered by the American squadron, Algiers's unique battleship Meshuda surrendered in 25 minutes. The high-sounding Barbary War of 1815 claimed only one American loss to enemy fire, while a couple more sailors died from the bursting of their cannon; in his log, Decatur "spent more ink on the bursting of the cannon than he did on the battle itself" (p. 101). Decatur inaugurated "American gunboat diplomacy" (p. 129) by dictating the terms of peace with Algiers and proceeding (in what Leiner calls "unfinished business") to wrest similar treaties with Tunis and Tripoli, although no state of war existed between the latter regencies and the United States. Leiner builds a vivid narrative of those events, complete with the classic Barbary literature opening that dramatizes a chase and capture on the high seas. No account of the actual capture of the Edwin exists, but Leiner imagines it on the basis of analogy with similar events. Leiner then presents "the four Barbary regencies . . . nominally subject to the rule of the Ottoman sultan at [End Page 629] Constantinople" (Morocco, however, was never a part of the Ottoman Empire), the previous war against Tripoli, and the failure of Noah's mission. Chapters 2 and 3 give short biographies of the main characters of the drama (including Secretary of the Navy Benjamin W. Crowninshield, Commodore Decatur, and several other officers) and describe the naval squadron and its arsenal in great detail. Chapters 4 and 5 narrate step by step the squadron's victory against the Meshuda and the completion of "unfinished business" with Tunis and Tripoli. Chapter 6 offers a glimpse of the triumphal return of Decatur's squadron. The last chapter chronicles the decisive follow-up by Britain in 1816, with Lord Exmouth's bombardment of Algiers, his show of force before Tunis and Tripoli, and the definitive termination of Christian slavery in the three regencies, while African slavery in America (which involved Muslim slaves) remained a "far more intractable problem" (p. 175). This book has two interpretive dimensions. First, it fits the traditional historiography of the Barbary Wars and argues the traditional interpretation that the United States played a glorious role in initiating the suppression of the regencies' corsairs, tribute system, and white slavery. Leiner's tone and prose are also typically celebratory, occasionally lapsing into hyperbole (as when...

The Free Trade Epidemic of the 1860s and Other Outbreaks of Economic Discrimination

Why was there an abrupt increase in economic openness in Europe in the 1860s? This increase may have been the result of a contagion process, in which the Cobden-Chevalier treaty between Britain and France threatened to displace third-party exports to France with British exports. As a result, most European states signed similar treaties with France, which had further ripple effects.This article outlines a formal model of this process, based on the assumption that an agreement between two states increases the desirability of similar treaties to third parties. Propositions regarding the rate and pattern of spread of treaties are derived from this model. This article then discusses the insights these propositions may offer into the rise and fall of the most-favorednation network of treaties between 1860 and 1929.At a theoretical level the model aims to link the microlevel processes underlying state preferences to system-level phenomena. At a substantive level this analysis offers insight into the current explosion of regionalism.

Raibl Claim

International law — Sources — “General principles of law recognized by civilized nations” — Treaty of Peace with Italy, 1947 — Definition of “property” in sense of Article 78 (9) (c) — Whether a mining concession is “property”.International law — Relation to municipal law — Treaty of Peace with Italy, 1947 (Article 78 (9) (c)) — Whether term "property" refers to "property" as defined by municipal judicial system to which it relates or as defined by international law.State responsibility — Nature and kinds of — For revocation of, or interference with, concessions or concessionary contracts — Mining concession — War-time sequestration — Pillage by occupying forces — Treaty of Peace with Italy, 1947 (Article 78 (4) (a) and (d)) — Whether it confers right to compensation for pillage and for costs of bringing claim.State responsibility — Nature and kinds of — For acts or omissions of revolutionary or de facto Governments — Pillage by occupying military forces — Treaty of Peace with Italy, 1947 (Article 78 (4) (a) and (d)).State responsibility — Damages — Measure of — Award of damages in general — Grounds for awarding damages — Treaty of Peace with Italy, 1947 (Article 78 (4) (a) and (d) and (9) (c)) — Whether grantee of mining concession entitled to compensation for damage to mine — Whether entitled to compensation for costs of putting mine and equipment into former condition after pillage.State responsibility — Damages — Indirect damages and damages for loss of profits — Treaty of Peace with Italy, 1947 (Article 78 (4) (a) and (d)) — Definition of “loss of profit” — Mining concession — Whether claim to compensation for costs of putting mines into former condition is a claim for compensation for “loss of profit”.Aliens — Position of — Respect for property of — Expropriation — Sequestration in time of war — Pillage — Treaty of Peace with Italy, 1947 (Article 78 (4) (a) and (d) and (9) (c)) — Mining concession — Whether concessionary entitled to compensation for pillage of mine.Disputes — Conciliation — Treaty of Peace with Italy, 1947 — Anglo-Italian Conciliation Commission — The law applied by — International law — General principles of law recognized by civilized nations.War — On land — Appropriation, utilization and destruction of enemy property — Sequestration — Pillage — Mining concession — Treaty of Peace with Italy, 1947 (Article 78 (4) (a) and (d)).Treaties — Special kinds of — Peace treaties — Treaty of Peace with Italy (Article 78 (4) (a) and (d) and (9) (c) — Interpretation — Meaning of “property” — Meaning of “loss of profit” — Multilingual text — Interpretation by reference to preparatory work — Analogous provisions in similar treaties — Decisions of tribunals established to interpret and apply analogous provisions — General principles of law recognized by civilized nations.

Flegenheimer Claim.

Flegenheimer Claim.