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Volume 31 - 1966

E. Lauterpacht
Contents

Page 3 of 5

Case Report

  • Rogers, Attorney General v. Cheng Fu Sheng et al.

  • United States of A merica. 6 October 1959 10 June 1960
  • Published online by Cambridge University Press:
    01 January 2021, pp. 349-352

  • State territory — Miscellaneous — Definition of “country” for purposeof municipal law concerning deportation — Status of Formosa — The law of the United States of America.

    Aliens — Expulsion of — Procedure of expulsion — Country to which alien to be deported — Status of Formosa — Whether a “country” within meaning of deportation statute — The law of the United States of America.

  • Oudjit v. Belgian State (Minister of Justice).

  • Belgium. 10 July 1961
  • Published online by Cambridge University Press:
    01 January 2021, pp. 353-355

  • Aliens — Expulsion of — Procedure of expulsion — Whether alien entitled to see documents on official file — Whether alien entitled to state case to Council of Ministers — Whether reasons for expulsion required to be stated in decree — The law of Belgium.

  • Gallina v. Fraser, United States Marshal.

  • United States of America. 15 May 1959 5 May 1960
  • Published online by Cambridge University Press:
    01 January 2021, pp. 356-369

  • Extradition — Political crimes — Nature of — As distinguished from banditry — Conditions and procedure of extradition — Under Treaty suspended by existence of state of war — The law of the United States of America.

    War — Effects of outbreak of — On treaties — Abrogation or suspension of treaty — Treaty of extradition — Revival pursuant to Peace Treaty — View of Political Department of Government — Weight to be accorded to — Offences committed during suspension of Treaty — Application of revived Treaty to — Conditions and procedure of extradition — The law of the United States of America.

    Extradition — Conditions of — Individual convicted in absentia — Under Treaty providing for extradition of convicted persons-Extraditable crimes — Political offences — Procedure — Relevance of probable treatment of individual by demanding State — Respective roles of Court and Executive — Effect of war on Extradition Treaty — Suspension during war — Revival pursuant to Peace Treaty — Offences committed during suspension of Treaty — Application of revived Treaty — The law of the United States of America.

  • In re Mylonas.

  • United States of America. 1 September 1960
  • Published online by Cambridge University Press:
    01 January 2021, pp. 369-373

  • Extradition — Political crime — Under treaty — Alleged embezzlement by municipal official — Exemption from prosecution by lapse of time — Trial in absentia — The law of the United States of America.

    Extradition — Conditions of — Exemption from prosecution by lapse of time — Trial in absentia — Political crime — Under treaty — The law of the United States of America.

  • In re Mylonas.

  • Belgium,. 29 October 1962
  • Published online by Cambridge University Press:
    01 January 2021, p. 373

  • Extradition — Conditions of — Guarantees for offender — Language used in proceedings — European Convention on HUman Rights, Article 5(2) — The law of Begium.

  • In re Demangeat.

  • Belgium. 11 April 1960
  • Published online by Cambridge University Press:
    01 January 2021, pp. 384-385

  • Extradition — Procedure of — Matters required to be specified in warrant — Date of commission of offence for purpose of statute of limitations — Relevance of requirement of valid warrant by law of requested State — The law of Belgium.

  • Geldof v. Meulemeester and Steffen.

  • Belgium. 20 February 1961
  • Published online by Cambridge University Press:
    01 January 2021, p. 385

  • Extradition — Procedure of — Violation of procedural requirements laid down in extradition treaty — Whether can be invoked by extradited person before courts of requesting State — Extradition Treaty between Belgium and the Netherlands, 1889 — The law of Belgium.

  • In re Talbi.

  • Belgium. 29 May 1961
  • Published online by Cambridge University Press:
    01 January 2021, pp. 387-388

  • Extradition — Conditions of — Requirement of reciprocity — Relevance of Extradition Law of requesting State — Law applicable in absence of treaty — The law of Belgium.

    Extradition — Political offences — Definition of — Act committed in connection with insurrection — Requirement that act be directed against “enemy” — The law of Belgium.

  • United States v. Rosal et al.

  • United States of America. 2 December 1960
  • Published online by Cambridge University Press:
    01 January 2021, pp. 389-392

  • Diplomatic privileges and immunities — Permanent diplomatic envoys — Immunity from jurisdiction when in transit through third State — Whether envoy in fact in transit — Right of courts of third State to review evidence.

  • De Selys Longchamps v. The Belgian State.

  • Belgium. 7 November 1961
  • Published online by Cambridge University Press:
    01 January 2021, pp. 393-395

  • International organization — Officials — Privileges and immunities of — Exemption of official emoluments from taxation — Rate of taxation — Indirect taxation through aggregation with other income — The law of Belgium.

    Officials of international organizations — Exemption of official emoluments from taxation — Rate of taxation — Indirect taxation through aggregation of emoluments with other income — The law of Belgium.

  • In re Estate of King Faisal Ii.

  • United States of America. 19 February 1960
  • Published online by Cambridge University Press:
    01 January 2021, pp. 395-397

  • Consuls — Privileges and immunities of — In absence of treaty — Summons to appear as witness — Official matters as opposed to private affairs — Immunity of official records.

  • Waltier v. Thomson and the Dominion of Canada.

  • United States of America. 6 December 1960
  • Published online by Cambridge University Press:
    01 January 2021, pp. 397-399

  • Jurisdiction — Territorial — Exemptions from — Foreign States — Alleged false statement by consul in performance of official duties — Conclusiveness of statement of Executive — The law of the United States of America.

    Consuls — Privileges and immunities of — Act in performance of official duties — Conclusiveness of statement of Executive — Exemption from jurisdiction of receiving State — The law of the United States of America.

  • United States Ex Rel. Perez-varella v. Esperdy, District Director of the Immigration and Naturalization Service.

  • United States of America. 4 October 1960 22 December 1960
  • Published online by Cambridge University Press:
    01 January 2021, pp. 405-408

  • International law — Relation to municipal law — Operation of treaties — Subsequent statute interpreted to be consistent with treaty obligation — Procedure of return of deserter from foreign warship — The law of the United States of America.

    Jurisdiction — In general — Territorial — Exemptions from — Public ships — Exemption of warship and members of its crew — Summary return of deserters pursuant to treaty — Consistency of subsequent statute — The law of the United States of America.

    Jurisdiction — In general — Territorial — Exemptions from — Foreign armed forces — Summary return of deserter from warship pursuant to treaty — Consistency of subsequent statute — The law of the United States of America.

    Aliens — Position of — Treatment by receiving State — Summary return of deserter from foreign warship pursuant to treaty — Consistency of subsequent statute with treaty — The law of the United States of America.

    Treaties — Operation and enforcement of — Effect in municipal law — Construction of subsequent statute to be consistent with treaty — Summary return of crewmen deserting foreign warships — Immunity from territorial jurisdiction — The law of the United States of America.

  • Talbot et al. v. Atlantic Steel Company.

  • United States of A merica. 4 February 1960
  • Published online by Cambridge University Press:
    01 January 2021, pp. 410-416

  • International law — Relation to municipal law — Statutory implementation of commercial treaties — General Agreement on Tariffs and Trade — Procedure for application of escape clauses to concessions granted to imported products — The law of the United States of America.

    Treaties — Operation and enforcement of — Implementation in municipal law — General Agreement on Tariffs and Trade — Application of escape clauses to concessions granted to imported products — The law of the United States of America.

    Treaties — Special kinds of — Commercial treaties — General Agreement on Tariffs and Trade — Other trade agreements — Concessions granted under — Implementation in municipal law creating procedure for application of escape clause to concession — The law of the United States of America.

  • Aerolineas Peruanas, S.A., Foreign Permit Case.

  • United States of America. 13 June 1960
  • Published online by Cambridge University Press:
    01 January 2021, pp. 416-424

  • Nationality — Of corporations — Foreign air carrier — As determined by “substantial ownership and effective control” by nationals of other contracting party — Under air transport agreement — The law of the United States of America.

    Treaties — Special kinds of — Air transport agreements — Issuance or permit to foreign air carrier — Nationality of carrier — “Substantial ownership and effective control” by “nationals of the other contracting party” — The law of the United States of America.

Page 3 of 5