Editorial Note

On August 27, 1952, the International Court of Justice at The Hague issued a ruling in the case of the Rights of Nationals of the United States of America in Morocco. The United States claimed that French import regulations of December 30, 1948 in Morocco should not have applied to its nationals. According to the United States argument before the Court, French legislation contravened economic rights of United States nationals based on its treaty of September 16, 1936 and the Act of Algeciras of April 7, 1906. The Court ruled in favor of the United States on that position, although denying the United States claim that its previous consent was required before Moroccan law could be applied to its nationals.

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There is a summary of the case and the ruling of the Court in the Department of State Bulletin, October 20, 1952, pages 620–623, by Joseph M. Sweeney. Sweeney was in the office of the Assistant Legal Adviser for European Affairs and served as counsel during these proceedings to Adrian Fisher, Legal Adviser of the Department, who argued the United States case before the Court. Documentation on this topic is in Department of State files 353, 771.00, and 771A.00.

USUN telegram 125, August 8, 1952, reported that Awni Khalidy, the Acting Representative of Iraq, had written to the Secretary-General of the United Nations requesting the inclusion of the question of Morocco on the provisional agenda of the Seventh United Nations General Assembly session. (771.00/8–852)

On September 3, the 13 Asian-African Representatives of Afghanistan, Burma, Egypt, India, Indonesia, Iran, Iraq, Lebanon, Pakistan, the Philippines, Saudi Arabia, Syria, and Yemen sent a virtually identical letter to the Secretary-General. Since Iraq subscribed to the collective request, the Representative of Iraq withdrew his individual request in a letter to the Secretary-General, dated September 8. (IO files, lot 71 D 440, Morocco Background Book)