Hostname: page-component-84b7d79bbc-rnpqb Total loading time: 0 Render date: 2024-07-27T09:28:27.980Z Has data issue: false hasContentIssue false

Falco Claim.

Italian-United States Conciliation Commission.  12 December 1959 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Recognition of acts of foreign Governments — Whether consideration of legislation of revolutionary Government constitutes recognition of that Government — Italian Social Republic.

Recognition of acts of foreign Governments — Legislation of revolutionary Government — Whether legislation of Italian Social Republic constitutes “laws in force” for purposes of Treaty of Peace with Italy — Principle of effectiveness.

Recognition — Of States — Status of revolutionary Government — Whether legislation of Italian Social Republic constitutes “laws in force” for purposes of Treaty of Peace with Italy — Principle of effectiveness.

Recognition — Of Governments — Whether consideration of legislation of revolutionary Government constitutes recognition of that Government — Italian Social Republic.

Jurisdiction — Territorial — Territorial limits of — Authority in State divided between lawful Government and rebel Government — Scope of legislation of rival Governments — Principle of effectiveness — Position in Italy after Armistice, 1943 — Scope of laws of Government of Italian Social Republic.

State responsibility — Nature and kinds of — Acts of revolutionary Governments — Responsibility of Italy for acts of revolutionary Government of Italy during Second World War.

Treaties — Interpretation of — Miscellaneous — Treaties of peace — Restitution and reparation provisions — Meaning of “treated as enemy” with relation to “the laws in force in Italy during the war” — Whether erroneous application to Italian national of statute directed at enemy nationals constitutes treatment as enemy — Non — conformity with Italian legislation in force during war — Racial — discrimination legislation enacted after Armistice of 1943 — Ordinary meaning of words — Treaty of Peace with Italy, Article 78 (9) (a).

Treaties of peace — Performance of — Restitution and reparation provisions — Meaning of “treated as enemy” with relation to “the laws in force in Italy during the war” — Whether erroneous application to Italian national of statute directed at enemy nationals constitutes treatment as enemy — Non-conformity with Italian legislation in force during war — Racial-discrimination legislation enacted after Armistice of 1943 — Ordinary meaning of words — Principle of effectiveness — Connection with war.

State responsibility — Claims — Nationality of — Meaning of “treated as enemy” with relation to “the laws in force in Italy during the war” — Whether erroneous application to Italian national of statute directed at enemy nationals constitutes treatment as enemy-Non-conformity with Italian legislation in force during war-Racial — discrimination legislation enacted after Armistice of 1943 — Territorial scope of such legislation — Principle of effectiveness — Nature of discriminatory legislation — Connection with war — Treaty of Peace with Italy, Article 78 (9) (a).

Type
Case Report
Copyright
© Cambridge University Press 1966

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.)