Raibl Claim

Abstract

International law — Sources — “General principles of law recognized by civilized nations” — Treaty of Peace with Italy, 1947 — Definition of “property” in sense of Article 78 (9) (c) — Whether a mining concession is “property”.

International law — Relation to municipal law — Treaty of Peace with Italy, 1947 (Article 78 (9) (c)) — Whether term "property" refers to "property" as defined by municipal judicial system to which it relates or as defined by international law.

State responsibility — Nature and kinds of — For revocation of, or interference with, concessions or concessionary contracts — Mining concession — War-time sequestration — Pillage by occupying forces — Treaty of Peace with Italy, 1947 (Article 78 (4) (a) and (d)) — Whether it confers right to compensation for pillage and for costs of bringing claim.

State responsibility — Nature and kinds of — For acts or omissions of revolutionary or de facto Governments — Pillage by occupying military forces — Treaty of Peace with Italy, 1947 (Article 78 (4) (a) and (d)).

State responsibility — Damages — Measure of — Award of damages in general — Grounds for awarding damages — Treaty of Peace with Italy, 1947 (Article 78 (4) (a) and (d) and (9) (c)) — Whether grantee of mining concession entitled to compensation for damage to mine — Whether entitled to compensation for costs of putting mine and equipment into former condition after pillage.

State responsibility — Damages — Indirect damages and damages for loss of profits — Treaty of Peace with Italy, 1947 (Article 78 (4) (a) and (d)) — Definition of “loss of profit” — Mining concession — Whether claim to compensation for costs of putting mines into former condition is a claim for compensation for “loss of profit”.

Aliens — Position of — Respect for property of — Expropriation — Sequestration in time of war — Pillage — Treaty of Peace with Italy, 1947 (Article 78 (4) (a) and (d) and (9) (c)) — Mining concession — Whether concessionary entitled to compensation for pillage of mine.

Disputes — Conciliation — Treaty of Peace with Italy, 1947 — Anglo-Italian Conciliation Commission — The law applied by — International law — General principles of law recognized by civilized nations.

War — On land — Appropriation, utilization and destruction of enemy property — Sequestration — Pillage — Mining concession — Treaty of Peace with Italy, 1947 (Article 78 (4) (a) and (d)).

Treaties — Special kinds of — Peace treaties — Treaty of Peace with Italy (Article 78 (4) (a) and (d) and (9) (c) — Interpretation — Meaning of “property” — Meaning of “loss of profit” — Multilingual text — Interpretation by reference to preparatory work — Analogous provisions in similar treaties — Decisions of tribunals established to interpret and apply analogous provisions — General principles of law recognized by civilized nations.