Italian Republic v. Federal Republic of Germany

In: International law reports, Band 29, S. 442-492

Abstract

International law — In general — Sources — Treaties — Priority of specific treaty over other treaties and general public international law.Treaties — Interpretation of — Principles and rules of — Reliance on text — Natural and ordinary meaning — When insufficient — Literal and grammatical analysis of words of complicated provision — Teleological interpretation.Relevance of prior general practice concerning subject-matter of treaty.Multilingual treaty — Comparison of official texts.Treaties — Interpretation of — Consideration of preparatory work — In relation to purpose of treaty — Meaning of a preparatory document — Distinction between preparatory and preliminary documents — Interpretation of multilateral treaty — Admissibility of preparatory work against acceding State which did not take part in negotiations leading to conclusion of treaty — Discretion of tribunal and circumstances of case as criteria for admissibility of preparatory work against such State.Treaties — Special kinds of — Treaties of peace — Analogous instruments — Convention on the Settlement of Matters Arising out of the War and Occupation, 1952-1954 — Nature of Convention — Approximation to peace treaty — Whether negotiated or imposed settlement — Relationship between Convention and Treaty of Peace with Italy, 1947.Arbitration — Evidence — Unfettered discretion of arbitration commission in admitting evidence.442Treaties of peace — Performance of — Analogous instruments — Convention on the Settlement of Matters Arising out of the War and Occupation, 1952–1954 — Restitution under Article 4, paragraph 1, of Chapter Five of Convention — Conditions for restitution or for compensation in lieu under that provision — Basis of right to restitution — Continuance of private property rights of residents of occupied countries — Restitution distinguished from reparation — Provisions of Treaty of Versailles, 1919, and Settlement Convention compared — Identification of restitutable property — Whether distinction to be drawn between formal and substantial identification — Whether identification possible of property no longer existing — Postponement of payment of compensation for unrestitutable property to future Treaty of Peace with Germany.