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Permanent Court of International Justice

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Français

Rights of Nationals of the United States of America in Morocco (France v. United States of America)

Overview of the case

By a decree of 30 December 1948, the French authorities in the Moroccan Protectorate imposed a system of licence control in respect of imports not involving an official allocation of currency, and limited these imports to a number of products indispensable to the Moroccan economy. The United States maintained that this measure affected its rights under treaties with Morocco and contended that, in accordance with these treaties and with the General Act of Algeciras of 1906, no Moroccan law or regulation could be applied to its nationals in Morocco without its previous consent. In its Judgment of 27 August 1952, the Court held that the import controls were contrary to the Treaty between the United States and Morocco of 1836 and the General Act of Algeciras since they involved discrimination in favour of France against the United States. The Court then considered the extent of the consular jurisdiction of the United States in Morocco and held that the United States was entitled to exercise such jurisdiction in the French Zone in all disputes, civil or criminal, between United States citizens or persons protected by the United States. It was also entitled to exercise such jurisdiction to the extent required by the relevant provisions of the General Act of Algeciras. The Court rejected the contention of the United States that its consular jurisdiction included cases in which only the defendant was a citizen or protégé of the United States. It also rejected the claim by the United States that the application to United States citizens of laws and regulations in the French Zone of Morocco required the prior assent of the United States Government. Such assent was required only in so far as the intervention of the consular courts of the United States was necessary for the effective enforcement of such laws or regulations with respect to United States citizens. The Court rejected a counter-claim by the United States that its nationals in Morocco were entitled to immunity from taxation. It also dealt with the question of the valuation of imports by the Moroccan customs authorities.


This overview is provided for information only and in no way involves the responsibility of the Court.

Institution of proceedings

Written proceedings

Memorial submitted by the Government of the French Republic
(French version only)

1 March 1951
Procedure(s): Counter-claims
Available in:
French

Preliminary Objection filed by the Government of the United States of America

15 June 1951
Procedure(s): Preliminary objections
Available in:
English

Observations and Submissions submitted by the Government of the French Republic on the Preliminary Objection
(French version only)

28 July 1951
Procedure(s): Preliminary objections
Available in:
French

Counter-Memorial submitted by the Government of the United States of America

20 December 1951
Procedure(s): Counter-claims
Available in:
English

Reply submitted by the Government of the French Republic
(French version only)

13 February 1952
Procedure(s): Counter-claims
Available in:
French

Rejoinder submitted by the Government of the United States of America

18 April 1952
Procedure(s): Counter-claims
Available in:
English

Oral proceedings

Verbatim record 1952

Minutes of the Public Sittings held at the Peace Palace, The Hague, from July 15th to 26th, and on August 27th, 1952, the President, Sir Arnold McNair, presiding
Procedure(s): Counter-claims
Available in:
Original Language

Other documents

Orders

Order of 22 November 1950

Fixing of time-limits: Memorial and Counter-Memorial, Reply and Rejoinder
Available in:
English French Bilingual

Order of 25 June 1951

Fixing of time-limit: Written Statements of observations and submissions on Preliminary Objection
Available in:
English French Bilingual

Order of 31 October 1951

Withdrawal of Preliminary Objection, Fixing of time-limits: Counter-Memorial, Reply and Rejoinder
Procedure(s): Preliminary objections
Available in:
English French Bilingual

Order of 31 March 1952

Extension of time-limit: Rejoinder
Available in:
English French Bilingual

Judgments

Summaries of Judgments and Orders

Summary 1952/3

Summary of the Judgment of 27 August 1952
Available in:
English French

Press releases

Press release 1950/41

28 October 1950
Rights of Nationals of the United States of America in Morocco (France v. United States of America) - Filing by France of an Application instituting proceedings against the United States
Available in:
English French

Press release 1950/45

23 November 1950
Rights of Nationals of the United States of America in Morocco (France v. United States of America) - Order fixing the time-limits for the filing of written pleadings
Available in:
English French

Press release 1951/25

25 June 1951
Rights of Nationals of the United States of America in Morocco (France v. United States of America) - Filing of a Preliminary Objection by the United States
Available in:
English French

Press release 1952/15

8 July 1952
Rights of Nationals of the United States of America in Morocco (France v. United States of America) - Representatives of the two Governments at the hearings
Available in:
English French

Press release 1952/18

23 August 1952
Rights of Nationals of the United States of America in Morocco (France v. United States of America) - The reading of Court's Judgment will take place on 27th August, 1952, at 4 p.m.
Available in:
English French

Press release 1952/19

27 August 1952
Rights of Nationals of the United States of America in Morocco (France v. United States of America) - Judgment
Available in:
English French

Correspondence

Correspondence

28 October 1950
Correspondence
Available in:
English French