Masinimport v. Scottish Mechanical Light Industries Limited

Abstract

International law in general — Relation to municipal law — Multilateral treat — Incorporation into domestic law — Convention on Execution of Foreign Arbitral Awards, 1927 — Arbitration Act 1930 — Orders in Council — Continuance in force under Arbitration Act 1950 — The law of Scotland

States as international persons — In general — Continuity of States — Whether affected by replacement of monarchy with republican constitution — The law of Scotland

Treaties — Interpretation of — Principles and rules of interpretation — Peace Treaty with Romania, 1947 — Article 10 — Reference to bilateral treaties — Whether applicable to multilateral treaties — The law of Scotland

War and neutrality — War in general — Effects of outbreak of war — On treaties — Convention on the Execution of Foreign Arbitral Awards, 1927 — Continuity of treaty relations despite territorial and constitutional changes — Treaty of Peace with Romania, 1947 — The law of Scotland

Treaties — Termination of — By operation of law — Outbreak of war — Effect on pre-war treaties and Orders in Council — Convention on the Execution of Foreign Arbitral Awards, 1927 — Contractual dispute — Reference to foreign arbitration — Enforcement of award — Post-war requirement of notification to revive bilateral treaties — Whether applicable to multilateral treaties — Treaty of Peace with Romania, 1947 — Survival of multilateral treaties in the event of outbreak of war — Survival despite internal constitutional change — Cession of territory — Internal constitutional change — Effects on continuance in force of treaty obligations — Arbitration Act 1950 — The law of Scotland