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Volume 44 - 1972

E. Lauterpacht
Contents

Page 4 of 4

Case Report

  • Decision No. 18.

  • North Atlantic Treaty Organization Appeals Board. 3 June 1970
  • Published online by Cambridge University Press:
    01 January 2021, pp. 423-425

  • International organization — Officials — Termination of appointment — Withdrawal of security clearance — Incompetence of NATO Appeals Board to review decisions by authorities of member States.

  • Decision No. 15 (c).

  • North Atlantic Treaty Organization Appeals Board. 3 June 1970
  • Published online by Cambridge University Press:
    01 January 2021, pp. 425-429

  • International organization — Officials — NATO Appeals Board — Rectification of judgments — Revision of judgments.

  • Starways Limited v. United Nations.

  • North Atlantic Treaty Organization Appeals Board. 24 September 1969
  • Published online by Cambridge University Press:
    01 January 2021, pp. 433-437

  • International organization — The United Nations — Waiver of immunity — Submission to arbitration.

    Disputes — Arbitration — Procedure — Claim by limited company against United Nations — Waiver of immunity — Application to amend claim on ground of change of name of claimant — Objection to locus standi of claimant — Dismissal of claim.

  • Yugoslav Prisoner of War Case.

  • Germany. 24 November 1965
  • Published online by Cambridge University Press:
    01 January 2021, pp. 441-445

  • War — In general — Prisoners of war — Whether status of prisoner of war affected by virtue of delay in release — Delay due to refusal to accept nationality — Whether repatriation a requirement of release — Extent of freedom of movement necessary for true release — The law of Germany.

  • Re Berrais.

  • France. 2 February 1961
  • Published online by Cambridge University Press:
    01 January 2021, pp. 446-447

  • Treaties — Interpretation of — Agencies of interpretation — Official interpretation by Government — Geneva Prisoners of War Convention — Application to Algerian War — Whether bar to prosecution — Whether official interpretation should be requested — The law of France.

    War — In general — Prisoners of war — Application of Geneva Convention of 1949 — Algerian rebels — Whether P.O.W. Convention a bar to prosecution — The law of France.

  • Case Concerning Gold Looted from the Netherlands.

  • Italy-Netherlands Conciliation Commission. 17 August 1963
  • Published online by Cambridge University Press:
    01 January 2021, pp. 448-485

  • War — Treaties of peace — Performance of — Restitution provisions — Treaty of Peace with Italy, 1947 (Article 75) — Provision for restitution of monetary gold (Article 75 (8)) — Comparison with obligation to restore other identifiable property (Article 75 (2)) — Meaning and scope of Paris Agreement on Reparations, 1946 (Part III and Article 75 (8)) — Whether applicable to same factual situations — Whether Italy obliged to restore monetary gold wrongfully removed to it by German authorities from German-occupied territory — Possibility of double recovery by claimant States under Paris Agreement and Peace Treaty — Whether Italy obliged to abstain from normal transactions in gold during war — Relevant standard of care imposed on Italy and Italian authorities — Duty to be vigilant concerning lawful origin of gold.

  • Administration Des Domaines v. Widmann.

  • France. 5 November 1962
  • Published online by Cambridge University Press:
    01 January 2021, pp. 487-488

  • Warfare on land — Appropriation, utilization and destruction of enemy property — Paris Agreement, 1946 — Property of German nationals in France — Marriage between German and French nationals — Acquisition of private property of German national by French State — Whether affecting matrimonial property regime — The law of France.

  • Re Hussmann.

  • France. 6 February 1963
  • Published online by Cambridge University Press:
    01 January 2021, pp. 489-490

  • Warfare on Land — Appropriation, utilization and destruction of enemy property — Paris Agreement, 1946 — Property of German nationals in France — Whether automatically transferred to French State — The law of France.

  • Société Toho v. Société Les Films D'art and Others.

  • France. 9 April 1963
  • Published online by Cambridge University Press:
    01 January 2021, pp. 490-494

  • Warfare on land — Appropriation, utilization and destruction of enemy property — Peace Treaty with Japan, 1951 (Article 14) — Provision for appropriation by Allied Powers of Japanese property rights and interests under their control — Seizure of Japanese film by United States authorities — Subsequent production of American film containing scenes from Japanese film — Action for breach of copyright by owners of copyright in Japanese film against distribitors of American film in France — Whether rights acquired by United States under Japanese Peace Treaty confined to United States territory — Whether rights of Japanese owner of copyright deemed to have been renounced — Whether protection under French copyright law and Berne Convention subsisting — The law of France.

  • The Isonzo.

  • France. 17 June 1963
  • Published online by Cambridge University Press:
    01 January 2021, pp. 495-498

  • War and neutrality — Contraband — Absolute contraband — Manganese ore in transit for neutral State under enemy occupation — Seizure and subsequent sale — Compensation — Whether sale price or, in circumstances of sale, additional indemnity payable — The law of France.

Page 4 of 4