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Martini Case.

Special Arbitral Tribunals.  03 May 1930 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International Law — Relation to Municipal Law — Disregard of International Awards by Municipal Tribunals.

Measure of Damages — Absence of Actual Loss — Reparation in the Form of Annulment of Consequences of an Illegal Act.

Individuals — Position of — Right of Aliens to Invoke a Treaty Providing for Equality of Treatment.

Treaties — Operation of — Right of Aliens to Invoke a Treaty Providing for Equality of Treatment.

International Arbitration — Awards — Annulment of Consequences of an Illegal Act.

International Arbitration — Awards — Legal Nature of — Analogy with International Treaties.

State Responsibility — Denial of Justice — Meaning of “Denial of Justice” and “Manifest Injustice” — Denial of Justice and Ill-Will of Judges towards Foreigners — Relevance of the Psychological Factor — Denial of Justice and Erroneous Judgments of Courts — Question of Denial of Justice in Judgments which are Unjust in part only — Judgments of Municipal Courts Contrary to International Awards — The Legal Nature of International Awards — Right of Aliens to Invoke a Treaty Providing for Equality of Treatment — Measure of Damages — Absence of Actual Loss — Reparation in the Form of Annulment of Consequences of an Illegal Act.

Type
Case Report
Copyright
© Cambridge University Press 1930

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