OBSERVATIONS ON DRAFT PEACE TREATIES



ing that enemy nationals preserve their ability to stand in judgment
as plaintiffs or defendants, adds that when an enemy national is sum-
moned to court and the Court judges that he is unable to defend his
case satisfactorily, it appoints a person to represent him in judgment.
Moreover, enemy nationals benefited on a par with Italian nationals
from the general measures enacted in Italy to extend the terms of
procedure.
  The case of a United Nations' national unable during the war to
defend himself adequately in an Italian trial can only have arisen
exceptionally and even then solely as a consequence of de facto difficul-
ties due to the state of war. It would hardly seem justified therefore
to lay the responsibility in such a field on the Italian Government.
  However, a procedure for the revision of judgments rendered by
Italian Courts during the war against a United Nations' national
could be set up in cases in which he can prove that he was unable to
present his defence adequately, but at the same time it would be only
fair that such a privilege were limited to the nationals of those United
Nations where a reciprocity in favour of Italian nationals exists in this
matter.
  The British Delegation has also proposed that "judgments given by
the Courts of a member of the United Nations in all cases which, under
the present Treaty, they are competent to decide, shall be recognised in
Italy as final, and shall be enforced without it being necessary to have
them declared executory".
  There seems to be no justification for such a departure from the
normal rules concerning the execution of foreign judgments.


OBSERVATIONS ON THE DRAFT PEACE TREATY WITH RUMANIA BY
                 THE RUMANIAN GOVERNMENT
CFM Files
Observations on the Draft Peace Treaty With Rumania Submitted by
                    the Rumanian Delegation

C. P. (Gen) Doc. 3                         PARIS, August 26, 1946.
                              TABLE
                 I. POLITICAL AND TERRITORIAL CLAUSES
                      Preamble
                      Part II
                      Part VIII
                II. NAVAL, MILITARY AND AIR CLAUSES
                      Part III
               III. ECONOMIC CLAUSES
                      Part V
                      Part VI
                      Annex 6
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