Diplomatic relations — Immunity — Nature of immunity — Whether based upon doctrine of functional necessity — Embassy premises — Lease — Eviction order — Whether embassy entitled to immunity from eviction — Principle of inviolability of mission premises — Scope — Whether limited to sudden or unexpected intrusions — Vienna Convention on Diplomatic Relations, 1961, Article 22

State immunity — Jurisdictional immunity — Foreign Sovereign Immunities Act — Relationship between international treaties providing for diplomatic privileges and immunities and the Foreign Sovereign Immunities Act — Whether international treaties taking precedence — Embassy premises — Lease — Eviction order — Whether embassy entitled to immunity from eviction — Principle of inviolability of mission premises — Scope — Whether limited to sudden or unexpected intrusions

Relationship of international law and municipal law — Treaties — Interpretation by municipal courts — Interpretation of treaty provisions by treaty signatories — Whether binding on national courts

Treaties — Interpretation — By municipal courts — Ordinary meaning of words — Travaux préparatoires — State practice — Interpretation of treaty provision by treaty signatories — Whether binding on national courts

Sources of international law — Treaties — Vienna Convention on Diplomatic Relations, 1961 — Whether declaratory of existing rules of customary international law — The law of the United States

Jurisdiction — Territorial — Exemptions from — Public ships and other property of foreign States — Cuban ship taken to United States port by crew seeking asylum in United States — Effect of previous waiver of immunity from enforcement of judgment upon later suit to enforce libel in rem — Effect of statements of Executive with respect thereto and with respect to ownership of property — The law of the United States of America.

War — Effects of Outbreak of — On Enemy Subjects with Regard to their Right to Sue — Statute of Limitations during Hostilities.

Extradition — Political Crimes — Treason — Conditions of Extradition — Crime Committed in Requested State — Effect of War on Extradition Treaty.

Aliens — Position of — Respect for property — Seizure of assets under trading with the enemy legislation — Enemy character of corporation organized in territory occupied by Germany during Second World War — Time at which enemy character determined — The law of the United States of America.

War — In general — Effects of outbreak of war — Trading with the enemy — Vesting of assets of enemy persons under municipal legislation — Enemy character of corporation organized in territory occupied by Germany during Second World War — Time at which enemy character determined — The law of the United States of America.

Jurisdiction — Territorial — Conspiracy — Agreement concluded outside territorial jurisdiction — Continuation of agreement within territory — Acts within territory in furtherance of conspiracy — Acts of parties to agreement — Conspiracy aimed at State asserting jurisdiction — Whether sufficient to confer jurisdiction even where no acts take place within the territory of that State — Presumption against extraterritorial effect of legislation — When rebutted

Extradition — Double criminality — Jurisdiction — Whether crime would have been within jurisdiction of requested State — The law of Hong Kong

Extradition — Inter-State Extradition in United States — Danger to Extradited person in Requesting State.

Court of Justice of the European Communities — Functions Whether it is part of Court's duty to ensure respect for municipal law of member States — Power of Court to interpret or apply constitutional law of member States.

Court of Justice of the European Communities — Costs — Apportionment of — Rules of Procedure, Article 69.

International organization — European Goal and Steel Community — Decisions of High Authority — Violation of substantial procedural requirement — Requirement of reasons for decisions of High Authority — Rationale of this requirement — Decision authorizing trading regulations on basis of criteria as to amount of coal bought and sold by wholesaler — Inadequate reasons for selecting and changing these criteria — Alleged violation of Treaty, Article 65 — Détournement de pouvoir — Use of powers for illegal purpose.

Treaties — Kinds of — Inter-Allied Declaration of 1943 against Acts of Dispossession in Territories under Enemy Occupation or Control — Whether Amounting to a Treaty.

Treaties — Interpretation of — Changed Conditions — Interpretation of Hague Regulations in Light of Changed Conditions of Warfare Since 1907

War — In General — Miscellaneous — War of Agression — Purported Title Acquired by Occupant in War of Agression

Belligerent Occupation — Requisition of Private Property — Article 53 of Hague Regulations, 1907 — Seizure of Oil Installations — Crude Oil — Whether Constituting “Munitions de Guerre” — Interpretation of Hague Regulations in Light of Changed Conditions of Warfare Since 1907 — Nature of Title Acquired by Occupant — Whether Occupant Can Acquire Title in Crude Oil by Specification — Acquisition of Title in a War of Aggression — Maxim Ex Injuria Jus Non Oritur — Inter-Allied Declaration of 1943 Concerning Spoliation by Enemy Powers — Whether Amounting to a Treaty

Recognition of Acts of Foreign States and Governments — Extra-Territorial Effect of — Confiscatory and Revenue Laws — Disguised Confiscatory Measures — The Law of Sweden.

States as international persons — Composite and dependent States and territories — Unions of States — Federal States — Continental shelf — Natural resources of subsoil and sea bed — Oil fields — Boundariesbetween areas belonging to federal Government and component States — Territorial sea — Of States upon admission to federal union — State succession — Treaties — As evidence of seaward boundaries — Subsequent conduct of parties — Executive determinations — Conclusiveness of — Islands — Claim to, as evidence of breadth of territorial sea — Land and sea boundaries — Differences between — The law of the United States of America.

State succession — Succession to rights — Admission to federal union — Continental shelf — Territorial waters — Breadth and delimitation of — Natural resources of subsoil and sea bed — Oil fields — Federal State — Boundaries between areas belonging to federal Government and component States — Treaties — As evidence of seaward boundaries — Subsequent conduct of parties — Executive determinations — Conclusiveness of — Islands — Claim to, as evidence of breadth of territorial waters — Land and sea boundaries — Differences between — The law of the United States of America.

State territory — Parts of — Water boundaries — Territorial waters — Continental shelf — Natural resources of subsoil and sea bed — Oil fields — Federal State — Boundaries between areas belonging to federal Government and component States — State succession — States admitted to federal union — Treaties-As evidence of sea ward boundaries — Subsequent conduct of parties — Executive determinations — Conclusiveness of — Islands — Claim to, as evidence of breadth of territorial sea — Differences between land and sea boundaries — The law of the United States of America.

State territory — Parts of — Territorial waters — Breadth and delimitation of — Relationship to continental shelf — Natural resources of subsoil and sea bed — Oil fields — Federal State — Boundaries between areas belonging to federal Government and component States — Upon admission to federal union — State succession — Treaties — As evidence of seaward boundaries — Subsequent conduct of parties — Executive determinations Conclusiveness of — Islands — Claim to, as evidence of breadth of territorial waters — Land and sea boundaries — Differences between — The law of the United States of America.

State territory — Parts of — Continental shelf — Jurisdiction and control by federal State — Natural resources of continental shelf claimed by United States of America — Oil fields — Boundaries between areas belonging to federal Government and component States — Territorial sea — Of States upon admission to federal union — State succession — Treaties — As evidence of seaward boundaries — Subsequent conduct of parties-Executive determinations — Conclusiveness of — Islands — Claim to, as evidence of breadth of territorial sea — Land and sea boundaries — Differences between — The law of the United States of America.

Arbitration — Award — Partial annulment — Judicial review — Supplementary reasons for judgment — Whether appropriate case to correct Order flowing from reasons of judgment — Section 34(4) of International Commercial Arbitration Act — Adjournment of judicial review proceedings — Whether appropriate — Arbitral proceedings — Whether Tribunal to be given opportunity to consider breaches of Articles 1105 and 1110 of NAFTA based on concepts within the scope of submission to arbitration — Damages — Whether Metalclad entitled to interest prior to 20 September 1997

Expropriation — Articles 1105 and 1110 of NAFTA — Annulment of part of Award relating to breaches involving decisions beyond scope of submission to arbitration — Whether Tribunal to be given opportunity to consider breaches of Articles 1105 and 1110 of NAFTA based on concepts within the scope of submission to arbitration

Claims — Interest — Exclusion of interest in the Award — Whether breach of Articles 1105 or 1110 of NAFTA based on concepts within the scope of submission to arbitration — Whether Metalclad entitled to interest from 5 December 1995 to 20 September 1997

International Court of Justice — Jurisdiction of — Power to Determine Jurisdiction — Article 36 (6) of the Statute — Termination of Declaration of Acceptance of Compulsory Jurisdiction of the Court — Effect on Pending Cases.

Recognition — Of Governments — Effect of United States recognition of Government of Soviet Union in 1933 upon prior nationalization measures affecting assets in United States — Retroactive effect of 1933 recognition — Litvinov Assignment — The law of the United States of America.

Jurisdiction — Territorial limits of — Foreign nationalization measures — Effect upon property situated outside nationalizing State — Effect of recognition of Government of Soviet Union by United States in 1933 upon prior nationalization measures affecting assets in United States — The law of the United States of America.

State responsibility — Claims — State control over private claims — Effect of Litvinov Assignment — Rights of United States claimants — Functions of United States International Claims Commission.

States as international persons — Recognition of acts of foreign States and Governments — Effect of Soviet nationalization decrees of 1917 upon assets within United States — As determined by United States recognition of Soviet Union and the Litvinov Assignment — The law of the United States of America.

State immunity — Officials — Criminal proceedings — Decision to bring criminal proceedings against Governor and Chief Executive of constituent State of the Federal Republic of Nigeria — State Immunity Act 1978 — State immunity in criminal proceedings in the United Kingdom — Entitlement to State immunity — Whether State within Federal Republic of Nigeria entitled to immunity — Whether Governor and Chief Executive of constituent State of Nigeria entitled to State immunity in the United Kingdom

State immunity — Entitlement to State immunity — Federal States — Whether immunity applicable to constituent State of Federal Republic of Nigeria — Powers of constituent State — Lack of capacity of constituent State to conduct international relations — Whether entitlement to State immunity dependent on ability to conduct international relations

State immunity — Entitlement to State immunity — State recognition — Recognition of constituent State by Executive — Certificate of Secretary of State issued under Section 21 of the State Immunities Act 1978 — Whether certificate significant in criminal proceedings — The law of England

Relationship of international law and municipal law — Conduct of foreign relations — Treaty-making power — Federal Republic of Germany — Constitutional review of exercise of treaty-making power — Treaty on European Union, 1992 (“Maastricht Treaty”) — Compatibility with Basic Law of the Federal Republic of Germany

Treaties — Conclusion and operation — Constitutional limitations — Accession of Federal Republic of Germany to Treaty on European Union — Extension of powers of European Community — Compatibility with Basic Law of the Federal Republic following enactment of Law amending Basic Law of 28 December 1992 — Article 23(1) of Basic Law — Whether providing satisfactory constitutional basis for accession of Federal Republic to Maastricht Treaty — Whether Federal Constitutional Court should obtain opinion of experts or Community institutions concerning interpretation of Treaty — Whether fundamental principle of democratic legitimacy in Federal Republic undermined by membership of European Union — Whether such membership violating Articles 20, 38 and 79(3) of Basic Law — Whether such membership irreversible — Scope of permissible transfer of sovereignty to Community institutions — Requirement that living democracy must be preserved in Member States during process of European integration — Condition that national parliaments should retain substantial level of authority — Whether acts of Community institutions are subject to national constitutional review to ensure that their powers are not exceeded

International organizations — European Community — Powers — Extension of powers by treaty — Treaty on European Union, 1992 — Legal basis for extension of powers — Whether European Community developing into political union without clearly restricted powers — Distinction between pooling of sovereignty in economic sphere and inter-governmental co-operation in other spheres — Article A of Treaty — Principle of limited specific attribution of powers to Community institutions — Article F(3) of Treaty — Whether granting Union competence to determine or extend its own powers — Effect of principle of subsidiarity — Establishment of common monetary and exchange rate policy — Whether automatically leading towards monetary union beyond control of Member States — Legal effect of target dates for achievement of monetary union — Requirement that extension of Community powers to be accompanied by enhancement of democratic foundations of Community institutions — Requirement that Union should respect national identities and existing democratic principles of Member States — Preamble and Article F(1) of Treaty

Human rights — Procedure for enforcement — Fundamental rights under Basic Law of Federal Republic of Germany — Treaty on European Union, 1992 and secondary legislation — Possible conflict with fundamental rights under Basic Law — Primary role of Court of Justice of European Community in ensuring respect for fundamental rights — Whether Federal Constitutional Court retaining ultimate right to secure compatibility of Community legislation with fundamental constitutional rights

International organizations — European Community — Institutions — Court of Justice — Power — Treaty on European Union, Article L — Exclusion of jurisdiction of Court over certain provisions of Treaty — Whether affecting general jurisdiction of Court to interpret provisions of Community treaties

International organizations — European Community — Institutions — European Parliament — Position within institutional structure of European Union — Role of ensuring democratic legitimacy for Union — Whether any need for enhancement of powers — Significance of method of election by citizens of Member State — The law of the Federal Republic of Germany

Human rights — Treaties — Reservations — International Covenant on Civil and Political Rights, 1966 — Criteria for determining validity of reservations entered under Covenant — Whether general international law rules governing validity of reservations inapplicable in certain circumstances because of special nature of human rights treaties

Treaties — Reservations — Human rights treaties — Vienna Convention on the Law of Treaties, 1969 — Object and purpose test — Validity of reservations entered under International Covenant on Civil and Political Rights, 1966 — Validity to be determined by reference to object and purpose of Covenant — Organ to determine the compatibility of reservations to treaty — Whether general rules of international law governing State's capacity to object to treaty reservation inapplicable in respect of human rights treaties — Whether United Nations Human Rights Committee alone having the capacity to determine compatibility of a reservation to Covenant

The individual in international law — Nationality — Proof of — The law of India.

The individual in international law — Nationality — Acquisition of — Proof of — Migration — Registration — Requirements for — The law of India.

The individual in international law — Nationality — Option — Whether option for residence in Pakistan constituted ‘migration’ barring acquisition of Indian citizenship at commencement of Constitution — Registration — Conditions for acquiring citizenship by — The law of India.

Expropriation — Compensation — For lawful nationalization — Property of nationals of expropriating State — Payment of just and adequate compensation — Valuation of expropriated property — Assets of companies — Valuation based on average price of shares during reference period — Discrimination — Measures directed against particular companies — Requirement of equality of treatment — Public interest — Requirement that taking of property be necessary in the public interest

Expropriation — Extraterritorial effect — Nationalization of companies with their seat within the territory of nationalizing State — Effect on assets situated abroad — Indirect nationalization of foreign subsidiary — Separation of rights of shareholders from assets of company

Jurisdiction — Extraterritorial — Expropriatory legislation — Expropriation of shares in company — Effect on subsidiary owned by company in another State

Relationship of international law and municipal law — Recognition and effect of foreign laws — Public laws — Legislation providing for expropriation of shares in company — Circumstances in which legislation would be recognized by courts of another State — The law of Belgium

States — Definition of State — Attributes of Statehood — Territory — Population — Government — Capacity to enter into foreign relations — Palestine Liberation Organization (“PLO”) — Whether possessing attributes of Statehood — Significance of declaration of Statehood by PLO — Significance of recognition by other States

State immunity — Jurisdictional immunity — Entitlement to immunity — PLO — Whether entitled to State immunity — Decision turning on whether PLO constituting State under international law — Foreign Sovereign Immunities Act 1976

Recognition — States — Effect of recognition — Effects in law of recognizing State — PLO — Non-recognition by the United States — Whether PLO immune from jurisdiction of United States courts due to non-recognition

Territory — State territory — Nature of territorial sovereignty — Headquarters of international organization situated within territory of State — Relationship between organization and territorial sovereign — United Nations Headquarters — Whether under sovereignty of United States — Agreement between United States and United Nations regarding the Headquarters of the United Nations, 1947

Relationship of international law and municipal law — Conduct of foreign relations — Justiciability of foreign relations questions — Political question doctrine — Criteria for determining application of — Terrorism — PLO — Action in tort brought by United States national alleging involvement of PLO in act of terrorism committed abroad — Whether justiciable

International organizations — Immunity — United Nations — Representatives accredited to international organization — Immunity from jurisdiction — Whether extending to Permanent Observers — United Nations-United States Headquarters Agreement, 1947 — Whether Headquarters Agreement conferring immunity from jurisdiction on PLO mission

Jurisdiction — Personal jurisdiction — Tort committed abroad by foreign entity — Jurisdictional requirement of forum State that foreign entity having sufficient presence within State — “Doing business” test — Action in tort brought against PLO with regard to commission of terrorist offences abroad — PLO Observer Mission at the United Nations — Whether activities undertaken by Observer Mission constituting basis for jurisdiction under “doing business” test — New York Long-Arm Statute — The law of the United States