Benin v. Whimster

Abstract

International law in general — Relation to municipal law Legislation implementing treaty — Whether necessary for courts to construe treaty and legislation together and give them same meaning and effect — The law of England

Jurisdiction — In general — Territorial — Expropriation of alien property — Meaning of expropriation — The law of England

State responsibility — Claims — In general — Foreign Compensation Commission administering fund obtained form foreign government in respect of nationalizations — Proceedings — The law of England

Treaties — Conclusion and operation of treaties — Operation and enforcement — Necessity for municipal legislation — Legislation implementing treaty — Interpretation of legislation by municipal courts — Whether necessary for courts to construe treaty and legislation together and give them the same meaning and effect — The law of England

State responsibility — Nature and kinds of State responsibility — For taking of, or interference with, property — Sequestration of foreign — owned property followed by sale, allegedly at less than market value, to nationalized concern — Whether amounting to expropriation or nationalization — Anglo — Egyptian Agreement of 1971 for compensation in respect of Egyptian measures of nationalization — Sequestration carried out under Presidential Proclamation — Sale made under Executive Decision — Whether whole process carried out by or under “laws promulgated by the Government of the Arab Republic of Egypt in respect of expropriation or nationalization” — Whether courts should examine treaty when interpreting municipal legislation implementing it — Foreign Compensation Commission — Foreign Compensation (Egypt) Order 1971 — The law of England