Jurisdiction — Territorial — Outer Continental Shelf — Extraterritorial effect of Louisiana statute upon collision between foreign vessels and drilling platform on Outer Continental Shelf — Geneva Convention on the Continental Shelf, 1958 — The law of the United States

Territory — National waters — Waters of straits and submerged lands — Proprietorship — Dispute over ownership of the bed of Juan de Fuca, Georgia, Johnstone and Queen Charlotte straits surrounding Vancouver Island — Whether waters of straits internal waters of the United Colony of British Columbia — Whether “territories” refers to dry lands only — Whether federal or provincial property — Territorial Waters Jurisdiction Act 1878 (UK) — An Act for the Union of the Colony of Vancouver Island with the Colony of British Columbia 1866 (UK)

Sea — Straits — Waters and submerged lands — Dispute over ownership of the bed of Juan de Fuca, Georgia, Johnstone and Queen Charlotte straits surrounding Vancouver Island — Whether waters of straits internal waters of the United Colony of British Columbia — Territorial Waters Jurisdiction Act 1878 (UK) — An Act for the Union of the Colony of Vancouver Island with the Colony of British Columbia 1866 (UK) — The law of Canada

Sovereign immunity — Foreign States and State-owned corporations and their property — Expropriation of assets by foreign State — Action brought by American company for recovery of assets from Chilean State copper corporation — Whether entitled to jurisdictional immunity — Acts iure imperii and iure gestionis — Attachment of funds payable to State corporation for sales of copper — Whether State corporation entitled to immunity from execution — Appointment of expert to determine use of funds — Whether expropriation by a foreign State without adequate compensation can be recognised in municipal courts — The law of France

British Dominions — Dominion Status — Canada — Legislative Competence of — Canadian Federal Parliament — Power to Abolish Prerogative Appeals and Appeals as of Right to His Majesty in Council — British North America Act, 1867 — Colonial Laws Validity Act, 1865 — Statute of Westminster.

Human rights — Crimes against humanity — Scope of concept of crimes against humanity — Widespread or systematic violations of human rights — Requirement of discriminatory intent — Persecution as a crime against humanity — Systematic denial of fundamental human rights — Concept of cruel treatment

International criminal law — Grave breaches of the Geneva Conventions — Concept of individual criminal responsibility in international law — Statute of the International Criminal Tribunal for the Former Yugoslavia, Article 2 — Requirements — Existence of international armed conflict — Requirement that victims be protected persons — Whether satisfied in case of victims of conflict in Bosnia and Herzegovina

International criminal law — War crimes — Definition — Essential elements — Statute of the International Criminal Tribunal for the Former Yugoslavia, Article 3

International criminal law — Crimes against humanity — Whether international law requires nexus between crimes against humanity and armed conflict — Nuremberg precedent — Mental element required for crime against humanity — Requirement that attack be directed against any civilian population — Whether isolated act can constitute crime against humanity — Statute of the International Criminal Tribunal for the Former Yugoslavia, Article 5

International criminal law — Individual criminal responsibility — Degree of participation required — Aiding and abetting — Whether presence at scene of crime sufficient — Statute of the International Criminal Tribunal for the Former Yugoslavia, Article 7(1)

International tribunals — International Criminal Tribunal for the Former Yugoslavia — Jurisdiction — Procedure — Evidential standards

War and armed conflict — Armed conflict — Definition — Characterization of conflict as internal or international — Geographical and temporal scope of armed conflict — Whether law of armed conflict applicable to treatment of detainees in part of country where no actual fighting taking place — Internal armed conflicts — Definition

War and armed conflict — Civilians — Fourth Geneva Convention, 1949 — Definition of protected person — Requirement that protected person must be in the hands of a party to the conflict or occupying power of which he is not a national — Interpretation — Civilian detainees — Standards of treatment

War and armed conflict — Internal armed conflicts — Common Article 3 to the Geneva Conventions, 1949 — Whether declaratory of customary international law — Persons not taking a direct part in hostilities — Definition — Whether applicable to captured members of armed forces

International Law — Relation to Municipal Law — Treaties as Part of the Law of the Land.

British Empire — Dominions — Ratification of Treaties — Federal States — Operation of Treaties — International Labour Conventions — Canada.

Treaties — Conclusion of — Constitutional Limitations — Federal States.

Treaties — Ratification of — Effect of Ratification in Constitutions in British Empire — Part XIII of the Treaty of Versailles — International Labour Conventions — Special Meaning of Ratification.

Treaties — Operation of — Federal States — Canada — British Empire.

International Labour Conventions — Operation of — Federal States.

Federal States — Ratification of Treaties — Effect of Ratification in British Empire Constitutions — Part XIII of Treaty of Versailles — International Labour Convention — Special Meaning of Ratification — Performance of Treaty Obligation by Federal State — Whether Necessary Legislation within Dominion or Provincial Sphere — International Status of Canada — Canada as Separate International Person

Treaties — Effect in municipal law — EEC Treaty, 1957, Article 189 — Legislation enacted by EEC institutions — Status under municipal law — Regulations — Direct applicability

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Nature of legal order established by Treaty — Fundamental principles under national constitution — Reference to national Constitutional Court regarding constitutionality of municipal law giving effect to EEC provisions

Treaties — Conclusion and operation — Constitutional limitations — EEC Treaty, 1957 — Whether conclusion requiring special constitutional amendment — Acts of institutions established by EEC Treaty — Whether subject to constitutional review by municipal courts — Italian Constitution, Article 11 — Permissible limitations of sovereignty

International organizations — EEC — Legal status — Powers — Regulations enacted by EEC Council — Whether subject to constitutional review by municipal courts of Member States

Human rights — Procedure for enforcement — Fundamental rights under Constitution of Italy — EEC Treaty, 1957, and secondary legislation — Possible conflict with fundamental rights under Italian Constitution — Whether EEC provisions subject to constitutional review by municipal courts to establish compatibility with fundamental constitutional rights — The law of Italy

War and neutrality — War in general — Prisoners of war — Hague Regulations respecting the Laws and Customs of War on Land — Spies — Whether member of armed forces operating out of uniform a spy — Whether spies treated as prisoners of war — Whether member of the armed forces in disguise acting as saboteur spy — Whether such member of armed forces to be treated as a prisoner of war — Geneva Convention on Prisoners of War, 1949 — Whether such member a prisoner of war within the meaning of Article 4 of the Geneva Convention — The Law of Singapore

Jurisdiction — In Ports — Foreign Vessels — Seamen’s Claims to Wages — The Law of the United States

Belligerent Occupation — Legislative Acts of Occupant — Validity of — Currency Reform in Germany Following Unconditional Surrender — Conversion into New Type of Currency Not an Unlawful Confiscation under the Law of the United States of America.

Recognition of Foreign Legislative Acts — Foreign Revenue Laws — Recognition of — Foreign Seamen Serving on Vessel Flying Foreign Flag — Payment of Wages in Port of United States — Whether Foreign Tax to be Deducted from Wages.

Human rights — State responsibility — Whether alleged violations capable of falling within the jurisdiction of respondent Government even when occurring outside its national territory — Meaning of jurisdiction under Article 1 of the European Convention on Human Rights — Responsibility arising from effective control over an area as a consequence of lawful or unlawful military action — Northern Cyprus

Recognition — Government — Effect of recognition of government by international community — Granting of locus standi as government of a High Contracting Party to the European Convention on Human Rights

Treaties — Interpretation — Validity of territorial restrictions attached to declarations accepting competence of Commission and Court — Special character of European Convention on Human Rights — Interpretation in light of present-day conditions and so as to make safeguards effective — Ordinary meaning of optional clauses in their context and in light of their object and purpose — Expressly permitted restrictions — Subsequent practice of Contracting Parties — Fundamental differences in the roles and purposes of the International Court of Justice and the European Court of Human Rights

Treaties — Interpretation — Validity of remaining parts of declarations accepting competence of Commission and Court — Severability of invalid restrictions — Relevance of government’s statements subsequent to filing of declarations — Government’s awareness of consistent State practice

Jurisdiction — Territorial — In General — Exclusion of Jurisdiction by Agreement of the Parties — Public Policy — Resulting Conferment of Jurisdiction upon Courts in Countries under Enemy Control.

Jurisdictional Immunity — Of Governments — In Respect of Actions Brought by the United Nations.

United Nations — Legal Position of — The Right to Sue — Claim for Damages Resulting from Breach of Contract — Contract Concluded between United Nations and a Member State — Capacity of United Nations to Institute Proceedings in Courts of a Member State — Proceedings against a Private Corporation — Proceedings against a Member State — Sovereign Immunity.

Jurisdiction — Exemptions from — Foreign Armed Forces — Violation of Criminal Law of Receiving State — Absence of Immunity from Jurisdiction of Receiving State.

Human rights — Property rights — Recognition of indigenous land rights — Legal rights of the Gitksan and Wet’suwet’en aboriginal peoples over territory in British Columbia — Whether aboriginal peoples possessing aboriginal title — Whether aboriginal peoples having right to self-government — Relationship between aboriginal rights and aboriginal title — Aboriginal rights encompassing aboriginal title — Nature and content of aboriginal title — Sui generis character of aboriginal title — Proof of aboriginal title — Relevance of oral history evidence of use and occupation of territory — Relevance of aboriginal perspectives — Common law aboriginal title — Effect of Section 35(1) of Constitution Act 1982 recognizing and affirming existing aboriginal rights — Nature and scope of constitutional protection afforded by Section 35(1) of Constitution Act 1982 — Whether any limitation to aboriginal rights — Whether aboriginal rights absolute — Whether infringement of aboriginal rights by government permissible — Test of justification

Territory — Title — Occupation of Canada by aboriginal peoples before assertion of British sovereignty — Source of aboriginal title — Relevance of Royal Proclamation of 1763 — Requirements for proof of aboriginal title — Relevance of physical fact of occupation — Common law principle that occupation proving possession of land in law — Whether claimants occupying land prior to British sovereignty — Whether continuity between present and pre-sovereignty occupation — Whether occupation was exclusive — Whether aboriginal title surviving colonization — Fiduciary obligation of Crown to aboriginal peoples — Reconciling aboriginal interests with sovereignty of the Crown — Section 91(24) of Constitution Act 1867 — Whether Federal Government having exclusive jurisdiction over aboriginal rights — British Columbia joining Confederation in 1871 — Whether British Columbia having power to extinguish aboriginal rights after 1871 — The law of Canada

Human rights — Crimes against humanity — Scope of concept of crimes against humanity — Widespread and systematic violations of human rights — Fair trial — Requirement that International Criminal Tribunal operate in accordance with requirements of law of human rights

International criminal law — War crimes — Grave breaches of the Geneva Conventions — Crimes against humanity — Whether international law requires nexus between crimes against humanity and armed conflict — Nuremberg precedent — Concept of individual criminal responsibility in international law — Statute of the International Criminal Tribunal for the Former Yugoslavia — Challenge to jurisdiction of Tribunal — Legality of establishment of Tribunal by Security Council — Whether Tribunal “established by law” — International Covenant on Civil and Political Rights, 1966, Article 14 — Primacy of Tribunal over national courts

International organizations — United Nations — Security Council — Powers under Chapter VII of United Nations Charter — Determination of threat to international peace and security — Whether subject to legal limitations — Whether judicially reviewable — Situation in the former Yugoslavia — Whether a threat to international peace and security — Article 41 of United Nations Charter — Whether power to take measures not involving the use of military force extends to creation of a tribunal with criminal jurisdiction — Status of International Tribunal as subsidiary organ of Security Council

International tribunals — International Criminal Tribunal for the Former Yugoslavia — Jurisdiction — Whether Tribunal empowered to hear challenge to the legality of its establishment as part of challenge to jurisdiction — Appeals from interlocutory decisions of trial chamber — Power of Appeals Chamber to order remand of case — Primacy of International Tribunal over national courts — Concept of fair trial — Procedure

Relationship between international law and municipal law — Criminal trials — International Criminal Tribunal for the Former Yugoslavia — Primacy over national courts

Sources of international law — Custom — Formation of customary international law — Requirements for formation of custom — State practice — Opinio juris — Development of customary international law applicable to internal armed conflicts

War and armed conflict — Armed conflict — Definition — Characterization of conflict as internal or international — Geographical and temporal scope of armed conflict — Whether law of armed conflict applicable to treatment of detainees in part of country where no actual fighting taking place

War and armed conflict — Internal armed conflicts — Law applicable to internal armed conflicts — Whether grave breaches provisions of Geneva Conventions applicable to internal armed conflicts — Customary international law applicable to internal armed conflicts — Law on weaponry and targeting

War and armed conflict — War crimes — Grave breaches of the Geneva Conventions — Scope of application — Whether applicable to internal conflicts — Relationship between war crimes and grave breaches — Crimes against humanity

Arbitration — The law to be applied — Systems of law prescribed in Arbitration Agreement — Exclusion of law of country of seat of tribunal — Residuary application of international law — Application of law of State Party subject to rules of private international law — Concession Agreement as fundamental law of Parties — Rejection by Tribunal of specific foreign legal systems.

Arbitration — The arbitration treaty — Failure of parties to agree on question to be submitted to arbitration — Provision for each party to submit own question to Tribunal.

Arbitration — Death of arbitrator — Procedure on.

Arbitration — Procedure — Competence to determine jurisdiction — Limitation of — Absence of power to act as friendly mediator Limitation of competence to decide questions indicated by parties — Absence of power to suggest measures of reconciliation between conflicting contractual agreements — Extension of competence by agreement between parties — Competence to pass judgment on exercise of sovereign rights.

Arbitration — Procedure — Rules of — Translation of proceedings.

Arbitration — The award — Declaratory nature of — Agreement as to.

Arbitration — The award — Declaratory award — Nature of.

Arbitration — The award — Revision by courts of country where arbitration held.

Arbitration — Arbitral tribunals — Exemption from interference by Government of country where sitting, when a State is a Party.

International Court of Justice — Advisory jurisdiction — Competence to examine question in abstract form.

Permanent Court of International Justice — Contentious jurisdiction — Declaratory Judgments.

State responsibility — For interference with concessionary contracts — Respect for acquired rights — Subsequent contract with another concessionaire containing conflicting provision — “ Right of priority ” for transport of oil as to which first concession gave exclusive right — Supremacy of provisions of first concession — Right of transport as acquired right — Whether capable of being affected by agreement between Government and third party — Whether concessionary contract exempts grantee from regulatory powers of granting Government — Nature of concessions — Oil concession — Right of supervision or intervention of grantor State — Concession agreement and acquired rights — Right of ownership of oil extracted by concessionaire — Absence of express provision — International effects of concession — Principles of interpretation of concession agreement — “ Plain, ordinary and usual sense ” of terms — Reference to dictionary definitions — Principles of restrictive interpretation — Relevance of a State being party to contract — Contra proferentem rule — Distinction between public service concessions and concessions for exploitation of raw materials — Ascertainment of intention of parties by reference to their conduct — Whether concession contract can constitute State legislative enactment.

Jurisdiction — On the high seas — Conception of high seas — Accident occurring on waters in channel more than one marine league from mainland or closest channel island within provisions of federal Death on the High Seas Act — The law of the United States of America.

State territory — Parts of — Straits — Waters in channel more than one marine league from mainland or closest channel island as high seas or state territorial waters — Within boundary claimed by a state of United States of America — Applicability of federal or state law — Federal Death on the High Seas Act — International law as understood by courts of United States of America.

States as international persons — Recognition of acts of foreign States and Governments — Nationalization decrees affecting assets of foreign bank held within forum State — Effect of such decrees with respect to ownership of such assets — Policy of state of United States as affected by position of Federal Government with respect to such decrees and by pending negotiations for lump sum settlement with foreign Government — The law of the United States of America.

Jurisdiction — Territorial — Exemptions from and restrictions upon — Property of foreign States — Immunity from attachment and execution — Immunity with respect to assets in forum State of foreign bank nationalized by its Government — Disputed ownership as to such assets — Effect of suggestion of immunity of State Department upon questions of ownership — Effect of policy of a state of the United States against recognizing nationalization decrees affecting property within state — The law of the United States of America.