Agent Judiciaire Du Trésor v. Gaulet and Others

Abstract

International law in general — Relation to municipal law — Treaty — NATO Status of Forces Agreement, 1951 — Treaty requiring arbitration of dispute over whether serviceman acting in course of his duty — Receiving State declining to submit questions to arbitrator and relying on agreement with sending State — Whether municipal courts able to enforce requirement of arbitration — The law of France

Treaties — Special kinds of treaties — Treaties establishing special regimes — Whether special rules of interpretation applicable — European Convention on Human Rights

Treaties — Special kinds of treaties — NATO Status of Forces Agreement, 1951 — Article VIII(5) — Civil responsibility — Damage caused by U.S. serviceman belonging to NATO forces — Whether acting in the course of his duty — Recourse to arbitral procedure laid down by the Convention — Effect of treaty in municipal law — Whether enforceable by private individual — The law of France