Restitution of Household Effects Belonging to Jews Deported from Hungary (Germany) Case.

Abstract

States as international persons — Sovereignty and independence — Occupation of territory of allied country without its consent in time of war — Effect of such occupation on independence of the State — Occupation of Hungary by German Army — The law of Germany.

State succession — Succession of Federal Republic of Germany to German Reich — Whether German Reich can be sued for wrongs committed by the Reich — The law of Germany.

State responsibility — Responsibility for measures carried out under foreign pressure — State occupied without its consent by forces of ally in war — Whether Hungary responsible for measures of persecution of Jews during German occupation — The law of Germany.

The individual in international law — Right of State to dispose of nationals’ private rights by treaty — Whether there is obligation to pay reparation to own nationals — Waiver clause in Hungarian Peace Treaty — The law of Germany.

Treaties — Interpretation of — Principles and rules of — Interpretation of treaty in original language — Logical interpretation — Interpretation of treaty as a whole — Interpretation in light of other treaties — Intention of Parties — Relevance of text of treaty — Peace Treaty with Hungary, 1947 — The law of Germany.

Treaties — Special kinds of — Treaties of peace — Treaty of Peace with Hungary, 1947 — Provision in favour of third State — Waiver of all claims against Germany by Hungary — Waiver on own behalf and on behalf of Hungarian nationals — Right of State to dispose of nationals' private rights — Whether any obligation to pay reparation to nationals for such waiver — Responsibility of Hungary for measures of persecution of Jews during German occupation — Effect of German occupation upon independence of Hungary — Succession of Federal Republic of Germany to German Reich — The law of Germany.