Weinmann v. Republic of Latvia.

Abstract

International law — Relation to municipal law — International law expressly part of municipal law by Constitution — Basic Law of Federal Republic of Germany, Article 25 — Applicability of Article 25 to West Berlin — Application of international law by West Berlin courts apart from Article 25.

States as international persons — Sovereignty and independence — Conclusiveness of statements of Executive — Recognition of Government as de jure Government of foreign State — Special court established by agreement between several States — Who is "Executive" for such a Court — Supreme Restitution Courts in GermanyRecognition of National Government of Republic of Latvia as de jure Government of State of Latvia by Governments of France, United Kingdom, United States of America and Federal Republic of Germany.

Jurisdiction — Territorial — Exemptions from — Property of foreign States — Real property — Whether subject to jurisdiction of local State — Distinction between imperium and dominium — Relevance of use of premises for diplomatic purposes — The law of Germany.

Diplomatic and consular intercourse — Miscellaneous — Diplomatic premises — Immunity of — Relevance of number and location of embassy buildings — Relevance of distance of premises from capital.

Warfare on land — Occupation of enemy territory — Legislative functions of Occupant — Applicability of international law to legislation promulgated by Occupant — Special nature of such legislation in relation to international law — Restitution Laws promulgated by Western Powers in West Germany.

Permanent diplomatic envoys — Privileges and immunities of — Diplomatic premises — Immunity from jurisdiction — Theory of imperium of local sovereign — Principle of exterritoriality — Extent of validity in contemporary international law — Extent to which immunity derived from person of envoy — Comity and reciprocity as origin of immunity — Present legal basis of immunity — Theory of functional necessity — Relevance of distance of diplomatic premises from capital — Property in West Berlin — Effect of termination of diplomatic use of premises — Relevance of involuntary nature of termination — Distinction between temporary cessation of use through suspension of diplomatic relations and termination of use.