Hostname: page-component-77c89778f8-n9wrp Total loading time: 0 Render date: 2024-07-18T11:36:08.165Z Has data issue: false hasContentIssue false

Flegenheimer Claim.

Italian-United States Conciliation Commission.  20 September 1958 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

International Law — Relation to municipal law — Municipal law enacted subsequent to treaty — Supremacy of international law — Provisions of Peace Treaty as lex fori for Conciliation Commission.

Nationality — Proof of — Examination by Conciliation Commission of certificate of nationality — Probative value of certificate in international law — Review of validity of naturalization of ancestor on which claim of nationality jus sanguinis based — Refusal to examine circumstances of naturalization and subsequent conduct of ancestor — Examination of relevant Laws of naturalizing State — Review of statement made to passport or other authorities — Theory of effective nationality — Allegation of “apparent nationality” — Invocation of nationality for sake of temporary material advantage — Principle of “estoppel” or “non concedit venire contra factum proprium” — Rejection of doctrine.

Nationality — Acquisition of — Jure sanguinis — Examination of circumstances of acquisition of nationality of ancestor — Relevance of animus redeundi.

Naturalization — Consequent loss of nationality of origin. — Recovery of nationality of origin — Consequent loss of nationality of naturalization. — Effect on wife and minor children of person naturalized. — Option by children of person naturalized upon attaining majority. — Child of naturalized person who acquired further nationality by naturalization — Recovery of parent's former nationality of naturalization.

For avoidance of military service — Prevention of — Bancroft Treaties between United States of America and German States.

Nationality — Expatriation — Effect of expatriation of ancestor — Relevance of animus redeundi — The law of the United States of America.

Nationality — Loss of — Loss of nationality of origin on naturalization abroad — Loss of nationality on re-naturalization — Effect on minor children.

Double nationality — Theory of effective nationality. — Doctrine of apparent nationality — Rejection of.

Treaties — Parties to — Composite States — Effect of unification — Treaties with German States — Effect of establishment of German Empire.

Treaties — Conclusion and operation of — Effect on third parties — Invocation by third State of treaty affecting nationality.

Treaties — Conclusion and operation of — Effect of subsequent legislation.

Treaties — Termination of — Outbreak of war.

Treaties — Interpretation of — Principles of interpretation — Interpretation by analogy with other treaties. — Clear meaning of text. — Intention of the Parties. — Lacuna in treaty — Filled by reference to municipal law of one Party. — Interpretation by reference to dictionary. — Interpretation by reference to purpose aimed at by the Parties. — Restrictive interpretation of treaty provision deviating from international law. — Interpretation by reference to relevant legislation of one Party. — Effect of subsequent “Memorandum of Understanding” between the Parties. — Interpretation by Reference to decision of municipal court on similar treaty. — Texts of multilingual treaties — Authenticated origlnals — Reconclliation of texts — Comparison of texts In different languages.

Peace treaties — Restitution and compensation provisions — Meaning of “treated as enemy” — Allegation of obstruction of sale by Governmental authorities — Rejection of argument that delay constitutes hostile treatment — Critical dates for application of restitution provisions — Necessity for claimant to be national of claiming State when damage sustained.

Conciliation — Conciliation Commissions—

—Evidence before — Examination of certificate of nationality — Probative value of certificate in international law — Need for caution in absence of previous doubts as to nationality invoked — Review of validity of naturalization of ancestor on which claim to nationality jus sanguinis based — Refusal to examine circumstances and subsequent conduct of ancestor — Relevance of fact that ancestor not a party to proceedings — Review of statements made by claimant to passport or other authorities — Principle of “estoppel” or “non concedit venire contra factum proprium” — Rejection of doctrine — Rejection of evidence conflicting with public documents.

—Law applied by — Question of legal system applicable — Provisions of Peace Treaty as lex fori — Ouster of national law — Nationality — Claims — Examination of laws of naturalizing State — Examination of treaties — Question of supremacy of municipal law subsequent to treaty — Duty of Commission to give priority to international law. — Right of investigation in questions of nationality.

State Responsibility — Claims — Nationality of claims — Examination by Conciliation Commission of certificate of nationality — Probative value of certificate in international law — Question of legal system applicable — Provisions of Peace Treaty as lex fori — Ouster of national law — Need for caution in absence of serious doubts as to nationality invoked — Review of validity of naturalization of ancestor on which claim to nationality jus sanguinis based — Refusal to examine circumstances of naturalization and subsequent conduct of ancestor — Relevance of fact that ancestor not a party to proceedings — Examination of relevant laws of naturalizing State — Review of statements made by claimant to passport authorities, etc. — Expatriation — Effect of ancestor's expatriation on nationality of claimant — Relevance of animus redeundi — The law of the United States of America — Bancroft Treaties between United States and German States, 1868 — Irrelevance of cancellation of treaties on outbreak of war between Parties to Treaty — Irrelevance of fact that party to dispute not Party to Treaty — Question of supremacy of municipal law subsequent to treaty — Duty of Commission to give priority to international law — Interpretation of Treaty concerning nationality — Relevance of decisions of municipal court in similar cases — Theory of effective nationality — Allegation of “apparent nationality” — Invocation of nationality for sake of temporary material advantage — Principle of “estoppel” or “non concedit venire contra factum proprium” — Rejection of doctrine — Question whether claimant “a United Nations National” or whether “treated as enemy” within Treaty of Peace with Italy, 1947, Article 78, paragraph 9 — Examination of texts of treaties — Reconciliation of conflicting meaning in various languages — Relevance of “purpose aimed at by the Parties” — Sale of claimant's shares in Italy at undervalue — Allegation of obstruction of sale by Italian authorities — Rejection of argument that delay constitutes hostile treatment — Critical dates for applicability of restitution provisions of Treaty of Peace of 1947 — Necessity for claimant to be national of claiming State on date when damage sustained.

Type
Case Report
Copyright
© Cambridge University Press 1963

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)