Flegenheimer Claim.

Abstract

International Law — Relation to municipal law — Municipal law enacted subsequent to treaty — Supremacy of international law — Provisions of Peace Treaty as lex fori for Conciliation Commission.

Nationality — Proof of — Examination by Conciliation Commission of certificate of nationality — Probative value of certificate in international law — Review of validity of naturalization of ancestor on which claim of nationality jus sanguinis based — Refusal to examine circumstances of naturalization and subsequent conduct of ancestor — Examination of relevant Laws of naturalizing State — Review of statement made to passport or other authorities — Theory of effective nationality — Allegation of “apparent nationality” — Invocation of nationality for sake of temporary material advantage — Principle of “estoppel” or “non concedit venire contra factum proprium” — Rejection of doctrine.

Nationality — Acquisition of — Jure sanguinis — Examination of circumstances of acquisition of nationality of ancestor — Relevance of animus redeundi.

Naturalization — Consequent loss of nationality of origin. — Recovery of nationality of origin — Consequent loss of nationality of naturalization. — Effect on wife and minor children of person naturalized. — Option by children of person naturalized upon attaining majority. — Child of naturalized person who acquired further nationality by naturalization — Recovery of parent's former nationality of naturalization.

For avoidance of military service — Prevention of — Bancroft Treaties between United States of America and German States.

Nationality — Expatriation — Effect of expatriation of ancestor — Relevance of animus redeundi — The law of the United States of America.

Nationality — Loss of — Loss of nationality of origin on naturalization abroad — Loss of nationality on re-naturalization — Effect on minor children.

Double nationality — Theory of effective nationality. — Doctrine of apparent nationality — Rejection of.

Treaties — Parties to — Composite States — Effect of unification — Treaties with German States — Effect of establishment of German Empire.

Treaties — Conclusion and operation of — Effect on third parties — Invocation by third State of treaty affecting nationality.

Treaties — Conclusion and operation of — Effect of subsequent legislation.

Treaties — Termination of — Outbreak of war.

Treaties — Interpretation of — Principles of interpretation — Interpretation by analogy with other treaties. — Clear meaning of text. — Intention of the Parties. — Lacuna in treaty — Filled by reference to municipal law of one Party. — Interpretation by reference to dictionary. — Interpretation by reference to purpose aimed at by the Parties. — Restrictive interpretation of treaty provision deviating from international law. — Interpretation by reference to relevant legislation of one Party. — Effect of subsequent “Memorandum of Understanding” between the Parties. — Interpretation by Reference to decision of municipal court on similar treaty. — Texts of multilingual treaties — Authenticated origlnals — Reconclliation of texts — Comparison of texts In different languages.

Peace treaties — Restitution and compensation provisions — Meaning of “treated as enemy” — Allegation of obstruction of sale by Governmental authorities — Rejection of argument that delay constitutes hostile treatment — Critical dates for application of restitution provisions — Necessity for claimant to be national of claiming State when damage sustained.

Conciliation — Conciliation Commissions—

—Evidence before — Examination of certificate of nationality — Probative value of certificate in international law — Need for caution in absence of previous doubts as to nationality invoked — Review of validity of naturalization of ancestor on which claim to nationality jus sanguinis based — Refusal to examine circumstances and subsequent conduct of ancestor — Relevance of fact that ancestor not a party to proceedings — Review of statements made by claimant to passport or other authorities — Principle of “estoppel” or “non concedit venire contra factum proprium” — Rejection of doctrine — Rejection of evidence conflicting with public documents.

—Law applied by — Question of legal system applicable — Provisions of Peace Treaty as lex fori — Ouster of national law — Nationality — Claims — Examination of laws of naturalizing State — Examination of treaties — Question of supremacy of municipal law subsequent to treaty — Duty of Commission to give priority to international law. — Right of investigation in questions of nationality.

State Responsibility — Claims — Nationality of claims — Examination by Conciliation Commission of certificate of nationality — Probative value of certificate in international law — Question of legal system applicable — Provisions of Peace Treaty as lex fori — Ouster of national law — Need for caution in absence of serious doubts as to nationality invoked — Review of validity of naturalization of ancestor on which claim to nationality jus sanguinis based — Refusal to examine circumstances of naturalization and subsequent conduct of ancestor — Relevance of fact that ancestor not a party to proceedings — Examination of relevant laws of naturalizing State — Review of statements made by claimant to passport authorities, etc. — Expatriation — Effect of ancestor's expatriation on nationality of claimant — Relevance of animus redeundi — The law of the United States of America — Bancroft Treaties between United States and German States, 1868 — Irrelevance of cancellation of treaties on outbreak of war between Parties to Treaty — Irrelevance of fact that party to dispute not Party to Treaty — Question of supremacy of municipal law subsequent to treaty — Duty of Commission to give priority to international law — Interpretation of Treaty concerning nationality — Relevance of decisions of municipal court in similar cases — Theory of effective nationality — Allegation of “apparent nationality” — Invocation of nationality for sake of temporary material advantage — Principle of “estoppel” or “non concedit venire contra factum proprium” — Rejection of doctrine — Question whether claimant “a United Nations National” or whether “treated as enemy” within Treaty of Peace with Italy, 1947, Article 78, paragraph 9 — Examination of texts of treaties — Reconciliation of conflicting meaning in various languages — Relevance of “purpose aimed at by the Parties” — Sale of claimant's shares in Italy at undervalue — Allegation of obstruction of sale by Italian authorities — Rejection of argument that delay constitutes hostile treatment — Critical dates for applicability of restitution provisions of Treaty of Peace of 1947 — Necessity for claimant to be national of claiming State on date when damage sustained.