Case Concerning Rights of Nationals of the United States of America in Morocco

Abstract

International Law — Sources of — Custom — Requirements for Formation of Custom.

States — Protected States — Position in International Law.

States — Protected State — Obligation of Equality of Treatment — Whether Protecting State Entitled to Preferential Treatment.

Aliens — Equality of Treatment — Most-Favoured-Nation Clause — Protected and Protecting States — Method of Assessing Customs Duties.

Treaties — Interpretation of — Most-Favoured-Nation Clause.

Jurisdiction — Extra-territorial Consular Jurisdiction — Capitulatory Régime — Equality of Treatment — Capitulatory Régime in Protected States — Equality of Treatment in Relation to Protecting States — Status of Protectorate as a Subject of International Law — Most-favoured-nation Clause — Operation in Relation to Capitulatory Régime — Acquisition of Capitulatory Rights by Custom — Requirements of Custom as a Source of International Law — Right of Assent to Legislation in Capitulatory Régime — Capitulatory Régime and Immunity from Taxation — Equality of Treatment and Method of Assessment of Customs Duties.