The Netherlands in re s.s. Op Ten Noort v. Japan (Merits).

Abstract

War — In general — Treaties of Peace — Performance of — Treaty of Peace with Japan, 1951 — Obligation of Japan to return or compensate for Allied property “in Japan” — Interpretation of Article 15 of Treaty containing this obligation — Literal interpretation — Ordinary meaning of words — Application to captured Netherlands ship sunk outside territorial waters of Japan after cessation of hostilities — Whether Japan under obligation to raise wreck — Whether Japan stultified provisions of Article 15 by its own illegal acts.