Association Professionnelle des Dentistes v Nordlund [Tangier, International Mixed Court, Appeal Section.]

• Date: 01 January 1948
• Docket Number: 113
• Court: Mixed Tribunal (Morocco)

Tangier, International Mixed Court, Appeal Section.

Case No. 113

Association Professionnelle des Dentistes

and

Nordlund.

Aliens — Treatment of — Most-Favoured-Nation Treatment — The Law of Tangier.

Treaties — Operation of — Relation to Subsequent Statute — International Law — Relation to Municipal Law — Aliens — Most-Favoured-Nation Treatment — The Law of Tangier.

The Facts.—The plaintiffs asked the Court to restrain the defendant, a Danish national, from exercising the profession of dentist in Tangier. They relied on a law of April 1, 1939, enacted by the Legislative Assembly of Tangier, Article 1 of which provided that the right to practise as a doctor or dentist was restricted to nationals of States signatories to the Act of Algeciras of 1906. Denmark was not a party to that Convention. It was contended on behalf of the defendant that article 1 of the Law of April 1, 1939, was contrary to the Act of Algeciras and other international treaties which provided for the enjoyment of civil rights by aliens in the international zone.

Held: that the Court could not grant the injunction sought by the plaintiffs. Respect for treaties was constitutionally guaranteed in the Zone of Tangier. The Court said:

“The Appeal Section of the Court is empowered to examine and review the constitutionality of laws voted in pursuance of the Paris Convention of 1923, which created the Tangier Zone, and the subsequent Dahir of February 14, 1924, which gave effect to it. A Dahir of May 15, 1925, giving effect to that Treaty, authorised aliens, without restriction of nationality, to engage in the medical and related professions, provided that they possessed the qualifications necessary for the practice of medicine in their own country. The legislative...