1938

PCIJ

Phosphates in Morocco Case Italy v France

In 1906 by the General Act of Algeciras the great powers (including Spain, France, US, Germany) guaranteed equality of economic rights for every nation in Morocco. In 1911 by Convention Germany recognised the French protectorate of Morocco, the convention regulated mining concessions to which Italy acceded. 1918 phosphate mining concessions were issued to French nationals who assigned them to an Italian. 1920 the Italian rights were refused recognition by France.

1931 France had accepted compulsory jurisdiction ‘over any dispute which may arise after the ratification of the present declaration with regard to situations or facts subsequent to such ratification’ Belgian formula [cf. Interhandel 1959] Court held it had no jurisdiction in the case because the dispute and the facts out of which it arose, clearly existed before 1931