Cassirer and Geheeb v. Japan.

Abstract

International law — Relation to municipal law — Restitution Law in Germany — Overriding effect of international law.

Treaties — Special kinds of — Peace treaties — Peace Treaty with Japan, 1951, Articles 14 and 16 — Exemption of property used for diplomatic or consular purposes from seizure in respect of reparations or indemnity — Exemption of such property “ owned ” by Japan — Effect of restitution claim in respect of such property in Germany — Validity of ownership put in issue.

War — In general — Termination of war — Obligation of defeated State to terminate diplomatic relations with other States — Effect of intention to restore such relations — Immunity of diplomatic premises — Whether such intention effective to prevent termination of immunity — Japanese Surrender, 1945 — Termination of diplomatic relations with Germany.

Belligerent occupation — Legislative functions of Occupant — Legislation promulgated by Occupant — Special nature of — Extension of application by analogy — Allied Kommandatura Law No. 7 — Immunity from jurisdiction of German courts of persons accredited to Allied Control Council — Whether applicable by analogy to foreign States.

Permanent diplomatic envoys — Privileges and immunities of — Diplomatic premises — Requirement of actual use and possession of property for diplomatic purposes — Cessation of such use on obligatory termination of diplomatic relations after war — Effect of Intention to restore such relations — Termination of relations between Japan and Germany in 1945 — Legal basis of diplomatic immunity — Comity and reciprocity as origin of immunity — Rejection of theory of absolute exterritoriality — Theory of functional necessity — Relation to maxim ne impediatur legatio — Relation of immunity of premises to personal immunity of envoy — Relevance of distance of premises from capital — Property in Berlin — Relevance of intention to use property for diplomatic purposes before Berlin again the capital of Germany.