Jurisdiction in General — Territorial and Personal — Crimes Committed by Foreigners within the Realm — Crimes also taking Effect in Foreign Jurisdiction.

Arbitration — Challenge to award — Arbitration tribunal constituted under North American Free Trade Agreement (“NAFTA”), Chapter 11 — UNCITRAL Arbitration Rules — Arbitral awards in S. D. Myers Inc. v. Government of Canada — First Partial Award on Liability — Second Partial Award on Damages — Final Award on Costs — Canada liable for breach of NAFTA obligations — Respondent awarded damages and costs — Canada applying to set aside NAFTA Chapter 11 arbitration awards

Relationship of international law and municipal law — Application for judicial review of NAFTA Chapter 11 arbitration awards — Court’s jurisdiction for judicial review — Article 34 of Commercial Arbitration Code 1985 — Grounds for judicial review — Whether arbitral awards dealing with dispute not contemplated by NAFTA Chapter 11 — Whether arbitral awards exceeding scope of arbitration agreement in Part B of Chapter 11 — Whether arbitral awards contravening public policy of Canada — Principle of non-intervention in an arbitral award within jurisdiction of Tribunal

Treaties — Interpretation and application — NAFTA — Chapter 11 — Objectives of NAFTA — Purposive interpretation — Article 2.01 of NAFTA — Vienna Convention on the Law of Treaties, 1969, Article 31 — Principles of international law — Application of NAFTA — NAFTA Chapter 11 and Chapter 12 rights and obligations — Whether mutually exclusive — The law of Canada

Consuls — Privileges and Immunities of — Whether Required to Give Evidence in Court — Matters Within Scope of Official Duties — Determination of — Conclusiveness of Determination by Consul — Amenability to Subpoena — Effect of Consular Convention.

Aliens — Expulsion of — Procedure — Due Process of Law — Alien Seaman Lawfully Permanently Resident — Exclusion upon Return from Foreign Voyage — Necessity of a Hearing — Exclusion and Deportation on Basis of Confidential Information — The Law of the United States of America.

Extradition — Nature — Surrender of accused person to International Criminal Tribunal for the Former Yugoslavia — Whether process of extradition — Whether constrained by human rights obligations of State called upon to effect surrender — Applicability of human rights treaty to extradition

Human rights — Fair trial — European Convention on Human Rights, 1950, Article 6 — Whether applicable to extradition — Whether applicable to surrender of accused person to International Criminal Tribunal for the Former Yugoslavia — Prohibition on retrospective criminal penalties — Accused person facing higher sentence in International Criminal Tribunal for the Former Yugoslavia than in national court

International criminal law — War crimes — Grave breaches — Crimes against humanity — Surrender of accused person to International Criminal Tribunal for the Former Yugoslavia — Whether Tribunal subject to human rights obligations

Economics, trade and finance — Economic sanctions — Consequences — Responsibility for damage resulting from sanctions — European Community law — Imposition of sanctions upon Iraq — Iraqi counter-measures — Whether causing loss — Whether loss attributable to Community measures or to United Nations Security Council resolution requiring imposition of sanctions

International organizations — United Nations — Security Council — Enforcement action — Resolution 661 (1990) — Imposition of economic sanctions upon Iraq following Iraqi invasion of Kuwait — Purpose of sanctions — European Community — Legislation implementing United Nations sanctions upon Iraq — Whether serving justifiable general interest — Whether Community institutions liable to compensate company suffering loss through Iraqi non-payment of debts

War and armed conflict — Aggression — Consequences — Iraqi invasion of Kuwait — Economic warfare — Imposition of economic sanctions by United Nations Security Council — The law of the European Community

State territory — Parts of — Boundaries — Land boundaries — No established historical boundary line — Concept of a boundary belt — Recognition and acquiescence by territorial sovereign or suzerain state — Relinquishment of potential sovereign rights — Effect on successor states — Evidential value of maps — Acts in assertion of sovereignty — Exercise of jurisdiction in remote and uninhabited region — Relevance of acts of private individuals — Considerations of equity — Relevance of contiguity

Sovereign immunity — State-owned corporations — Foreign Sovereign Immunities Act 1976 — Personal jurisdiction — Commercial activity — Requirement of connection between commercial activity and United States — Contact between foreign State and foreign corporation — Whether fact that letter of credit is payable through New York bank a sufficient connection — Waiver of immunity — Whether agreement to submit dispute to arbitration in Paris a waiver of immunity before United States courts — Subject matter jurisdiction — Whether Federal courts have subject matter jurisdiction in case between foreigners — The law of the United States

International law in general — International comity — Whether bringing proceedings before International Court of Justice an unfriendly act

State territory — In general — Nature of territorial sovereignty — Rights over continental shelf — Whether territorial rights — Whether stemming from territorial sovereignty

State territory — Parts of State territory — Boundaries — Water boundaries — Delimitation of continental shelf boundaries

State territory — Parts of State territory — Continental shelf — Character of rights over the continental shelf — Whether territorial rights — Whether dispute about continental shelf rights a dispute relating to territorial status — Greek islands adjacent to Turkish coast — Whether possessing a continental shelf of their own Appropriate method of delimitation

State territory — Parts of State territory — Islands — Greek islands adjacent to the Turkish coast — Whether possessing a continental shelf of their own — Appropriate method of delimitation

Jurisdiction — In general — Territorial — Continental shelf — Whether dispute about continental shelf rights a dispute relating to territorial status — Greek islands adjacent to Turkish coast — Whether possessing a continental shelf of their own — Appropriate method of delimitation

Treaties — In general — Form of international agreements — Press communique issued by two Prime Ministers recording their decision that a dispute would be submitted to the International Court of Justice — Whether capable of amounting to a binding agreement

Treaties — Conclusion and operation of treaties — Reservations — Whether reservation follows evolution of law to take account of new areas of law — Interpretation of reservations — Object and purpose — Distinction between intention and motive — Reference to trauaux preparatoires — Reciprocity — Whether Respondent State entitled to take advantage of reciprocal application of reservation in dispute settlement treaty without appearing before the Court

Treaties — Conclusion and operation of treaties — Operation and enforcement — Settlement of disputes agreement — Whether following evolution of law to include disputes relating to new legal issues

Treaties — Termination of treaties — By operation of law — General Act for the Pacific Settlement of Disputes 1928 — Whether terminated on dissolution of the League of Nations — Change of circumstances — Desuetude — Whether a ground for termination of treaties — Whether leading to termination of General Act

Treaties — Interpretation — Principles and rules of interpretation — Interpretation of reservation — Grammatical construction of reservation ambiguous — Reference to object and purpose — Distinction between intention and motive — Reference to travaux preparatoires — Whether reservation intended to follow evolution of law to take account of new legal issues — Interpretation of informal press communique — Reference to negotiating history

Treaties — Interpretation — Multilingual treaties — Examination of English and French texts of Greek reservation to General Act for the Pacific Settlement of Disputes 1928 — Reference to travaux preparatoires of reservation — Relevance of Greek text of travaux preparatoires

Treaties — Interpretation — Consideration of preparatory work — Examination of preparatory work of reservation to treaty

International organization and administration — The United Nations — The Security Council — Dispute referred to Security Council and International Court of Justice simultaneously — Whether proper for Court to consider case

Disputes — International Court of Justice — Contentious jurisdiction — Procedure — Refusal of Respondent State to take part in proceedings — Examination of question of jurisdiction by Court — Extent to which Court may make use of written communications from Respondent — Principle of equality between parties — Indication of interim measures of protection — When necessary

Disputes — Negotiation — Dispute referred to International Court of Justice while negotiations still taking place — Whether a dispute — Whether proper for Court to hear case — Interaction between different methods for the peaceful settlement of disputes — Article 33 of the Charter of the United Nations

Disputes — International Court of Justice — Contentious jurisdiction — Competence — Respondent State declining to take part in proceedings — Duty of Court to satisfy itself that it has jurisdiction — Alternative bases for jurisdiction advanced by Applicant — General Act for the Pacific Settlement of Disputes 1928 — Whether in force — Applicant’s reservation to General Act — Whether Respondent entitled to take advantage of reservation without appearing before Court — Press communique stating that Prime Ministers of two States have agreed to submit case to the Court — Whether a basis for jurisdiction in respect of unilateral application by one State

Competence — Competence of the Court challenged on two grounds — Court entitled to base decision on whichever ground seems clearer

Procedure — Refusal of Respondent State to appear before Court — Consequences — Article 53 of the Statute of the Court — Extent to which Court can take account of written communications from the Respondent

Interim measures of protection — Circumstances in which indication of interim measures is required — Whether risk of irreparable prejudice needed — Whether Court has inherent power to indicate interim measures to prevent aggravation of dispute and threat to peace

Dispute also taken before United Nations Security Council — Whether proper for Court to consider dispute of which Council is seised — Difference between political and legal disputes — Negotiations — Whether fact that negotiations are in progress deprives Court of jurisdiction — Whether fact negotiations are taking place means there is no dispute — Interaction of methods of peaceful settlement — Article 33 of the Charter of the United Nations

Treaties — Interpretation — Interpretation of reservation — Grammatical construction ambiguous — Interaction of the parties — Distinction between intention and motive — Reference to trauaux preparatoires of reservation — Reservation in respect of disputes relating to “territorial status” — Whether including disputes about continental shelf — Whether including delimitation dispute

Treaties — Change of circumstances — Evolution of international law — Development of doctrine of the continental shelf — Whether treaty providing for settlement of disputes follows evolution of law to cover disputes about new area of the law — Whether reservation also follows evolution of the law

Treaties — Termination — Desuetude — Whether a ground for termination — General Act for the Pacific Settlement of Disputes 1928 — Whether remaining in force while not used — Whether surviving dissolution of the League of Nations

Treaties — Form of international agreements — Press communique issued by two Prime Ministers — Whether capable of constituting a binding international agreement — Interpretation

Jurisdiction — Continental shelf — Character of rights over the continental shelf — Whether territorial rights — Whether dispute about continental shelf rights a dispute relating to territorial status

Jurisdiction — In general — Territorial — Territorial limits of jurisdiction — Anti-trust legislation — Whether applicable to agreements made abroad by foreign companies — Agreements having damaging effects within Australia — Shipping conference — Australian Industries Preservation Act 1906-1950 — The law of Australia.

International organizations — Immunity from suit — World Health Organization — Headquarters Agreement between the Philippines and the World Health Organization, 1951 — Whether non-ratification by Senate as required under Constitution deprives Organization of immunity under the Headquarters Agreement — Whether Philippines ratification of Convention on the Privileges and Immunities of the Specialized Agencies of the United Nations, 1947, confers immunity independently from Headquarters Agreement — Whether immunity waived by appearance to contest jurisdiction of court — The law of the Philippines

International criminal law — Crimes against humanity — Definition — Requirement that crime be directed against the civilian population — Whether combatants can be victims of crimes against humanity — Whether persons who at a particular time offer resistance constitute combatants for these purposes — Requirement that act be part of a widespread or systematic attack upon the civilian population

International criminal law — International trials — International Criminal Tribunal for the Former Yugoslavia — Rules of Procedure — Rule 61 — Hearing to confirm indictment in absence of the accused — Standards to be applied by Trial Chamber

War and armed conflict — Armed conflict — Definition — Characterization of conflict as internal or international — Conflict in Croatia in November 1991 — Capture of Vukovar — War crimes — Grave breaches of the Geneva Conventions — Massacre of patients, staff and other prisoners captured at Vukovar hospital — Protected persons under the Geneva Conventions — Crimes against humanity

Enemy Territory — Definition of.

Alien Enemies — Procedural Status of — Suspension of Statute of Limitations.

Character of Vessels — Transfer of Belligerent-owned Vessel to Neutral Flag — Declaration of London of 1909 — Definition of Enemy Territory — Termination of War — Alien Enemy — Status of — Suspension of Statute of Limitations.

Human rights — Scope of protection within the European Community — Whether respect for human rights constituting a condition for the lawfulness of Community acts — Significance of the European Convention on Human Rights within the Community legal order

International tribunals — Court of Justice of the European Communities — Jurisdiction — EC Treaty, Articles 164 and 177 — Competence of Court to give preliminary rulings — Scope of competence — Jurisdiction of Court to ensure observance of fundamental rights by national courts — Whether limited to national legislation falling within the field of application of Community law — The law of the European Community

Treaties — Operation and Enforcement of Treaties — United States — Treaties Overriding Subsequent Conflicting Local Ordinances and State Legislation.

States — Conditions of Statehood — Territory — Population — Government — Artificial island constructed by State outside its territorial waters and subsequently abandoned — Whether capable of constituting a State — Whether residents a people

Territory — Definition — Whether territory of a State must be part of the surface of the earth — Artificial island — Self-determination — Definition of a people

Sea — Islands — Artificial island — Whether capable of constituting sole territory of a State

Nationality — Individuals — Loss of nationality — Loss of nationality of birth by voluntary acquisition of new nationality — The law of the Federal Republic of Germany

International law — Relation to municipal law — Jus gentium — Doctrine of State necessity — Whether part of law of Rhodesia — De jure and de facto Government — Use of international law definition by municipal court — Whether same test to be applied.

States as international persons — Sovereignty and independence In foreign relations — In matters of domestic jurisdiction — Rhodesia — Independent statehood of — Evidence of — Internal autonomy — Colonial status — Power to legislate extra — territorially incompatible there with — Power to confer citizenship — Power to make treaties — Membership of international organizations — Whether sovereignty divisible — Possession of internal sovereignty by one State while another State exercises powers of external sovereignty — Semi — independent States — Whether domestic court has jurisdiction to adjudicate on status of revolutionary Government.

Recognition — Of Governments — De facto, de jure, effective Government, and Government “for the time being” — Meaning of terms — Establishment of new Government by revolution — Relevance of international recognition — Whether recognition a political act or an objective legal appreciation of facts — Whether internal sovereignty depends on external recognition — Whether success of revolution depends on acquiescence or recognition — Whether a question of fact — Requirements of effectiveness and continuity — Evidence — Certificate from Secretary of State for Common wealth Relations — Whether conclusive on courts of territory in which revolutionary Government is operating — Whether court can take judicial notice of what is going on around it — Non — recognition Effect of — Whether a vacuum in the law — Whether court can recognize legislation and administrative acts of unrecognized Government — Doctrine of State necessity — Validity of acts of unrecognized or unlawful Government — Tests — Burden of proof.

International organizations — Membership of — As evidence of independent statehood — United Nations Security Council — Resolutions of — Rhodesia — Effect of Resolutions — Whether constituting international recognition — Whether implying statehood.

States as international persons — In general — Beginning of State existence — Colonies — Rhodesia — Revolution — Acquisition of sovereignty by — Whether a legal order ceases to have validity when it loses efficacy — Whether new legal order acquires de jure validity retrospectively by replacing old order — Whether this doctrine applies to colonies — Constitutional status of Rhodesia — Whether unilateral declaration of independence a “fundamental change of circumstances” — International status of Rhodesia — Whether a State — Acquiescence and recognition — Relevance of — International organizations — Membership of — Relevance of — United Nations Security Council — Resolutions of — Relevance of — Internal and external sovereignty — Whether internal sovereignty depends on international recognition — Whether a question of fact — Duty of judges — Authority of court — Whether derived from 1961 Constitution or 1965 Constitution or from de facto Government.

Sovereign immunity — Public vessels — Restrictive theory of immunity — Whether part of English law — Distinction between acta iure imperii and acta iure gestionis — Whether depending upon nature or purpose of act — Whether decision to break commercial contract and convert goods in commercial context attracts immunity — Need to examine whole transaction in context — International law in general — Sources — Relevance of legislation and treaties — Relationship of international law and municipal law — The law of England

Air — Air services agreements — Structure and purpose — Airport landing rights — User charges imposed at airports — Nature of State's duty where user charges imposed by private body — Requirement to use best efforts — Principle of non-discrimination — Requirement that charges should be reasonable — Settlement of disputes regarding air services agreement — United Kingdom-United States Air Services Agreement 1977 (“Bermuda 2”)

Arbitration — Award — Request for clarification of award — Whether within powers of tribunal — Procedure — Rules of procedure — Ad hoc arbitration between States — Power of tribunal to establish rules of procedure

Claims — Local remedies rule — Applicability of rule — Distinction between claims of diplomatic protection and claims concerning wrongs committed against the State — Obligations of contract and obligations of result

Economics, trade and finance — Air services — Airport user charges — Requirement that charges must be reasonable — Criteria for determining whether charges reasonable — Economic evidence — Distinction between structure and level of charges

International tribunals — Arbitral tribunals — Inter-State arbitration — Ad hoc tribunal — Jurisdiction — Procedure

State responsibility — For breach of treaty — Nature of State's obligations under treaty — Obligations of conduct and obligations of result — Distinction — Requirement that State use best efforts — Airport user charges — Obligations of State in respect of charges determined by private airport authority

Treaties — Application — Interpretation — United Kingdom-United States Air Services Agreement, 1977 (“Bermuda 2”) Settlement of disputes