Economics, trade and finance — Trade concessions — Cooperation Agreement between the European Economic Community and its Member States and the Socialist Federal Republic of Yugoslavia — Suspension by the European Community in view of hostilities in Yugoslavia — Effect — Whether justifiable

International organizations — European Community — Status as subject of international law — Whether Community institutions bound by international law — Whether customary international law part of the Community legal order — Whether individual can challenge Community legislation as contrary to international law — United Nations — Security Council — Determination of threat to international peace and security — Resolution 713 (1991) concerning conflict in the Former Yugoslavia — Implications

International tribunals — Court of Justice of the European Communities — Judicial review of acts of Community institutions — Suspension of treaty by Council alleged to be contrary to rules of international law of treaties — Whether act reviewable — Standard of review — Review for manifest errors of assessment by Council

Relationship of international law and municipal law — Law of the European Community — Customary international law as part of Community legal order — Rules contained in the Vienna Convention on the Law of Treaties, 1969

Sources of international law — Treaties and customary international law — Vienna Convention on the Law of Treaties, 1969 — Whether stating rules of customary international law — Which provisions of Convention declaratory of custom

Treaties — Termination and suspension — Fundamental change of circumstances — Vienna Convention on the Law of Treaties, 1969, Articles 62 and 65 — Conditions — Exception to principle of pacta sunt servanda — Confined to exceptional circumstances — Suspension by European Community of Cooperation Agreement with the Socialist Federal Republic of Yugoslavia because of continued hostilities in Yugoslavia — Whether suspension justified by fundamental change of circumstances

War and armed conflict — Effects — Treaties — Fundamental change of circumstances — Whether armed conflict accompanying dissolution of State sufficient to justify suspension of trade and cooperation agreement — The law of the European Community

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

Air Law — Flying Boat — Whether Ship or Vessel — Marine Insurance — Merchant Shipping Act, 1894 — Air Navigation Acts, 1920 and 1936

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

Jurisdiction — Over Nationals Abroad — Consular Functions with Regard to Nationals Abroad — How Far Dependent upon Express Treaty Provisions.

Jurisdiction — In general — Territorial — Territorial limits of jurisdiction — Anti-trust and competition law — E.E.C. Treaty, Article 85 — Application to agreement — Where one party situated in a non-member State — Effects produced in member States — Relation of municipal competition law to Community Law — The law of the European Communities

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.

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

War — Effects of outbreak of war — On enemy subjects — Persona standi in judicio — Restoration of standing to sue — As to property subject to vesting — Trading with the enemy — Termination of war — By unilateral action of State — Effect of — The law of the United States of America.

War — Effects of outbreak of war — Trading with the enemy — Persona standi in judicio — Restoration of standing to sue — As to property subject to vesting — Termination of war — By unilateral action of State — The law of the United States of America.

War — Termination of — By unilateral action of State — Effect on enemy alien — Restoration of standing to sue — As to property subject to vesting — Trading with the enemy legislation — The law of the United States of America.

Jurisdiction — Territorial — Limits of — Extraterritorial Application of Anti-trust Laws — Combination of Foreign and Domestic Companies in Restraint of Trade — Acts Performed in Foreign Territory by Foreign Company — Presence of Foreign Company within State of Forum — Method of Establishment of — Subsidiary and Parent Companies — The Law of the United States of America.

Arbitration — Appointment and Withdrawal of Arbitrators — Attempted Removal of Umpire from Office — Relevance of the Attitude of the Parties — Adjudication upon Claims Pleaded before the Conflict between the Commission and the Government — Withdrawal of National Commissioner — Effect on the Work of the Commission — Refusal to Replace a Commissioner.

States as international persons — State succession — With regard to contractual obligations — Merger of States — Agreement with the former ruler granting exemptions from taxes — Whether successor bound — Continuity of the law — What is law — The constitution of India — The law of India

The individual in international law — Human rights and freedoms — Right to form and join trade union — Whether applicable to conduct of State as employer — State refusing to make collective agreements with small independent union — Policy of restricting the number of organizations with which collective agreements were to be concluded — Whether discriminatory — Whether municipal law providing an effective remedy — European Convention for the Protection of Human Rights and Fundamental Freedoms, Articles 11, 13 and 14

Treaties — Interpretation — Subsequent practice of parties — Court referring to European Social Charter, 1961, to confirm interpretation of European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950

Arbitration — Law Applied by Arbitral Tribunals — Arbitration between Government and Private Company — Meaning of Terms “Principles of Justice, Equity and Good Conscience” as Source of Arbitral Award — Agreement Concluded by Government of Islamic Country — Construction of Agreement — Availability of Settled Law in the Islamic Country Concerned — Legal Principles Applicable to Modern Commercial Contract.

Human rights — Freedom from torture — Nature of prohibition of torture — Whether a rule of jus cogens — Consequences — Remedies for torture — Whether State entitled to claim State immunity when sued for torture — Whether other States required to provide remedy for acts of torture committed outside their territory — Convention against Torture, 1984, Article 14(1) — International Covenant on Civil and Political Rights, 1966, Article 14 — Balance to be struck between prohibition of torture and State sovereignty

Relationship of international law and municipal law — Customary international law — Part of Canadian common law — Treaties — Effect in Canadian law of treaty not implemented by legislation — International law principles and values as aid to construction of legislation — Expert evidence on international law — Admissibility — Value

State immunity — Jurisdictional immunity — Exceptions to immunity — Penal proceedings — Commercial activity — Torts occasioning personal or bodily injury — Whether exception to immunity for non-commercial torts extends to torture committed by defendant State in its own territory — Whether there is an exception to immunity for violations of jus cogens — Canada State Immunity Act 1982

Treaties — Interpretation — Relevance of subsequent practice — Convention against Torture, 1984 — Practice of States Parties — Reports to Committee against Torture — Response to declaration by United States of America — The law of Canada

Sovereign immunity — Foreign States and State-owned enterprises — Action for breach of contract — Sovereign immunity — Waiver — Need to establish personal jurisdiction — Whether waiver of immunity amounts to implied submission to jurisdiction — Arbitration clause — Commercial activities provisions of the Foreign Sovereign Immunities Act 1976 — Relationship between substantive and procedural questions — The law of the United States

Consular relations — Vienna Convention on Consular Relations, 1963, Article 36 — Requirement that consulate be informed of detention of one of its nationals — Whether conferring rights upon individuals — Consequences of non-compliance — Whether evidence obtained during detention not notified to consulate must be suppressed — Extent to which complaint of non-compliance may be excluded because not raised at earlier point in proceedings — Relationship between Articles 36(1) and (2) — Remedies for non-compliance — Optional Protocol — Extent of jurisdiction

International Court of Justice — Jurisdiction — Optional Protocol to the Vienna Convention on Consular Relations, 1963 — Extent of jurisdiction conferred by Optional Protocol — Whether extending to claim for breach of provisional measures — Whether extending to claim based on customary law concept of diplomatic protection — Admissibility of claims

International Court of Justice — Provisional measures of protection — Statute of the International Court of Justice, Article 41 — Criteria for the indication of provisional measures

Treaties — Interpretation — Principles of interpretation — Vienna Convention on the Law of Treaties, 1969, Articles 31–3

Nationality — Proof of nationality — Dual nationality — Nationality of claims

Treaties — Operation and Enforcement of — Relation to Municipal Law — Primacy of Treaties — French Constitution of 1946.