Pater v. Pater

Abstract

International law in general — Relation to municipal law — International conventions — Whether provisions take precedence over municipal conflict of laws rules — The law of Switzerland

The individual in international law — Aliens — Positionof — Treatment by and responsibilities of the receiving State — Refugees — Geneva Convention Relating to the Status of Refugees, 1951 — Divorce jurisdiction of receiving State over refugees recognizedunder Convention — Whether restricted by operation of municipal conflict of laws rules — Primacy of Convention rules — Articles 12 (1) and 16 of Convention — The law of Switzerland

Treaties — Conclusion and operation of — Effect of municipal legislation — Geneva Convention Relating to the Status of Refugees, 1951 — Divorce jurisdiction of receiving State over refugees recognized under Convention — Whether restricted by operation of municipal conflict of laws rules — Primacy of Convention rules — The law of Switzerland

Treaties — Interpretation of — Agencies of interpretation — Practice followed by political and administrative authorities in Contracting States — Weight to be given to such practice by municipal courts — The law of Switzerland

The individual in international law — Miscellaneous — Refugees — Conditions for acquisition of status of — Geneva Convention Relating to the Status of Refugees, 1951, Article 1 — Qualifying date — Persons leaving their State of nationality “as a result of events occuring before 1 January 1951” — Whether persons leaving as a result of later events may also qualify for refugee status where those events are a sequel to earlier events — Protocol to the Convention, 1966 — Removal of qualifying date — Interpretation of Convention by reference to administrative practice of Contracting States — Weight to be given to such practice — Divorce jurisdiction of receiving State over refugees recognized under Convention — Whether restricted by operation of conflict of laws rules under municipal law — Primacy of Convention rules — Articles 12 (1) and 16 of Convention — The law of Switzerland