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    Sambiaggo Case

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    Michelle Montenegro - Araujo
    1) The case involves an Italian claimant, Salvatore Sambiaggio, seeking compensation from Venezuela for damages inflicted by revolutionary troops during a rebellion. 2) The commission must determine if Venezuela is legally responsible for damages caused by revolutionary groups that were not under governmental control. 3) The document outlines rules of interpretation for the commission to consider, including interpreting conditions in the least onerous sense for the obligated party and not giving treaties retroactive effect without express language.

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    Sambiaggo Case

    Uploaded by

    Michelle Montenegro - Araujo
    114 views1 page
    1) The case involves an Italian claimant, Salvatore Sambiaggio, seeking compensation from Venezuela for damages inflicted by revolutionary troops during a rebellion. 2) The commission must determine if Venezuela is legally responsible for damages caused by revolutionary groups that were not under governmental control. 3) The document outlines rules of interpretation for the commission to consider, including interpreting conditions in the least onerous sense for the obligated party and not giving treaties retroactive effect without express language.

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    29. Sambiaggo Case

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    1) The case involves an Italian claimant, Salvatore Sambiaggio, seeking compensation from Venezuela for damages inflicted by revolutionary troops during a rebellion. 2) The commission must determine if Venezuela is legally responsible for damages caused by revolutionary groups that were not under governmental control. 3) The document outlines rules of interpretation for the commission to consider, including interpreting conditions in the least onerous sense for the obligated party and not giving treaties retroactive effect without express language.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    114 views1 page

    Sambiaggo Case

    Uploaded by

    Michelle Montenegro - Araujo
    1) The case involves an Italian claimant, Salvatore Sambiaggio, seeking compensation from Venezuela for damages inflicted by revolutionary troops during a rebellion. 2) The commission must determine if Venezuela is legally responsible for damages caused by revolutionary groups that were not under governmental control. 3) The document outlines rules of interpretation for the commission to consider, including interpreting conditions in the least onerous sense for the obligated party and not giving treaties retroactive effect without express language.

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    © All Rights Reserved
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    of 1

    Sambiaggo Case, (Italy v Venezuela) Venezuela Arbitration of 1903 p 666 PDF

    - Salvatore Sambiaggio, resident of the parish of San Joaquin, who claims 5,135.50 bolivars on account of requisitions and forced loans exacted of him
    by revolutionary troops. Commission has before it the question as to whether the Venezuelan Government is materially responsible to the claimant,
    Sambiaggio, and other Italians established in Venezuela, on account of damages inflicted upon them by revolutionary authorities or troops
    - Revolutionists are not the agents of government and a natural responsibility does not exist. Their acts are committed to destroy government and no
    one should be held responsible for the acts of an enemy attempting his life. The revolutionists (in this case) were beyond governmental control and
    the government cannot be held responsible for injuries committed by those who have escaped its restraint. The word " injury " occurring in the
    protocol imports legal injury; that is, wrong inflicted on the sufferer and wrongdoing by the party to be charged.
    - Rules of interpretation
    o If two meanings are admissible, that is to be preferred which is least for the advantage of the party for whose benefit a clause is inserted;
    o the sense which the acceptor of conditions attaches to them ought rather to be followed than that of the offerer;
    o two meanings being admissible, preference is given to that which the party proposing the clause knew at the time was held by the party accepting it;
    o doubtful stipulations should be interpreted in the least onerous sense for the party obligated;
    o conditions not expressed cannot be invoked by the party who should have clearly expressed them.
    o Treaties are to be interpreted generally mutatis mutandis as statutes and, in the absence of express language, are not given a retroactive effect.
    o The " most-favored-nation " clause contained in the Italian treaty does not oblige this Commission to follow, in favor of Italian subjects, the
    interpretation made by other Commissions of their protocols.

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