Mansur Ali v. Arodhendu Shekhar Chattarjee and Others

In: International law reports, Band 71, S. 707-712

Abstract

Conclusiveness of Statements of the Executive States as international persons — In general — Sovereignty and independence — Conclusiveness of statements of the executive — Existence of a state of war — Matter for the executive and not for the courts — Conflict between India and Pakistan — The law of PakistanWar and neutrality — War in general — Termination of war Declaration of the commencement of war and existence of a state of war — Cessation of hostilities — Declaration of ceasefire in the Security Council of the United Nations — Joint declaration of warring parties acknowledging end of belligerency — Original declaration of war not revoked — Whether war terminated — Whether courts competent to decide the question — Authority competent to do so — Proper procedure when question arises — Enemy subject residing in foreign territory — Whether entitled to institute legal proceedings — The law of Pakistan