Re Interpretation of Article 78, Paragraph 7, of the Peace Treaty with Italy, 1947 (Franco-Ethiopian Railway Company Claim).

Abstract

State Succession — Succession with Regard to Obligations — Succession to State Debts on Territorial Changes — Supremacy of Treaty Provisions Over Rules of International Law.

State Territory — Acquisition of Territorial Sovereignty—Cession — Nature of.

State Territory — Effects of Changes of Sovereignty — Cession — Effect on Debts Owing to Persons in Ceded and Ceding Territories Respectively.

Treaties — Parties to — Requirement of Full Sovereignty

Peace Treaties — Nature of — War of Aggression as Determining.

Peace Treaties — Compensation for War Damage Under — Effect of Discharge in Treaty.

Treaties — Interpretation of — Principles and Rules of — Interpretation by Reference to Other Parts of Same Treaty — By Reference to Treaty as a Whole — By Reference to Authoritative Writings — By Reference to Practice of International Courts — By Reference to Preparatory Work — Arguments a contrario and a fortiori — Meaning of Expression “ceded territory” — “Technical or proper meaning” of Expressions — Extent of Presumption that Words Used Consistently Throughout Instrument — Intention of the Parties — Interpretation in Good Faith — Principle of Effectiveness — Nature of Treaty of Peace — Parties to a Treaty — Requirement of Full Sovereignty.