011- Rights of USA Nationals in Morocco (France vs USA)

On October 28th, 1950, France filed an application instituting proceedings against the United States before the International Court of Justice (ICJ) concerning the rights of American nationals in Morocco. By decree of December 30th, 1948, the French authorities of the protectorate of Morocco had taken measures to subject to a system of licences imports which did not include an official allocation of foreign exchange and to limit these imports to a certain number of products essential to the Moroccan economy. The United States asserted that these measures infringed its alleged rights under treaties binding it to Morocco and claimed that, under those treaties and the Algeciras General Act of 1906, no Moroccan law or regulation could be applied to its nationals in Morocco without its prior consent.

In its judgment of August 27th, 1952, the Court found that the licensing system was contrary to the treaty concluded between the United States and Morocco in 1836 and to the General Act of Algeciras, since it discriminated in favour of France against the United States. The Court then considered the question of the extent of U.S. consular jurisdiction in Morocco and declared that the United States had jurisdiction in the French zone for all matters, civil or criminal, between its citizens or protégés. The United States also had jurisdiction to the extent necessary to give effect to the relevant provisions of the General Act of Algeciras.

Order of 31-10-1951.pdf

This summary is provided for informational purposes only, does not involve the responsibility of Dome and should in no way be used as a substitute for a careful reading of the judgment and order of the case.