Recognition — Of Annexation — Non-recognition of Estonian Soviet Socialist Republic — Effects of — Recognition of Confiscatory Legislation of Foreign State.

States — Recognition of Legislative Decrees of Foreign States — Confiscatory Legislation — Recognition — Non-Recognition of Estonian Soviet Socialist Republic — Effects of.

International law in general — Sources — State practice — United Nations General Assembly resolutions — Resolution on nationalization — Whether a source of international law — Whether evidence of dominant trend of international opinion

States as international persons — In general — Recognition of acts of foreign States and governments — Nationalization of concession held by foreign company — Act of State — Whether entitled to international recognition — Whether capable of being questioned in arbitration proceedings — Whether restitutio in integrum can be ordered by Tribunal to restore position prior to nationalization

State responsibility — Damages — Measure of damages — Award of damages in general — Damages for unlawful taking of property — Compensation for lawful nationalization — Principles of assessment — Equitable measure of compensation

State responsibility — Damages — Measure of damages — Indirect damages and damages for loss of profits — Whether damages for loss of profits required in case of unlawful taking of property — Whether compensation for lawful nationalization of concession should include loss of profits — Equitable measure of compensation

State responsibility — Interest — In general — Award of interest in case of termination of concession — Whether interest payable under proper law of concession — Whether interest usurious — Libyan law

State responsibility — Interest — Rate of interest — Termination of concession governed by Libyan law insofar as compatible with international law — Whether Libyan rate of interest payable

State responsibility — Interest — Diesa quo and dies ad quem — Date from which interest payable — Interest only due on liability to pay fixed amount of money — Interest payable from date of arbitration Award rather than date of termination of concession

International organization and administration — The United Nations — The General Assembly — Importance of General Assemblyre — solutions as source of international law — Evidence of dominant trend of international opinion — Resolutions on nationaliztion

Disputes — Arbitration — In general — The law applied by arbitral tribunals — Arbitration between State and foreign company — Lex arbitri — Whether governed by the law of the seat of arbitration Law applicable to concession contract — General principles of private international law for determining proper law of a contract

Disputes — Arbitration — In general — Appointment of arbitrators — Refusal of one party to appoint arbitrator — Appointment by President of the International Court of Justice

Disputes — Arbitration — Procedure — Procedure before the tribunal — Power of tribunal to determine own rules of procedure — Procedure in default of appearance by one party

Disputes — Arbitration — Procedure — Competence to determine jurisdiction — Arbitrability of dispute — Survival of arbitration clause

Disputes — Arbitration — Evidence — Duty of tribunal to decide on best evidence available — Effect of failure of one party to appear Evidence regarding methods of computing sums claimed

State responsibility — Nature and kinds of — For revocation of, or interference with, concessions or concessionary contracts — Nature of concessions — Whether administrative — Whether primarily contractual — Property rights — Conditions of amendment or termination by State — Proper law of concessions — Reference to international law and general principles of law — Nationalization — Extent of State’s right to nationalize — Requirement that nationalization be for a public purpose — Whether still a rule of international law Requirement that nationalization be non — discriminatory — Effect of United Nations General Assembly resolutions on nationalization — Whether premature termination of concession by nationalization a delict or a lawful act giving rise to duty to compensate

Restitutio in integrum — Availability in international law — Whether contrary to sovereignty of State — Whether amounting to cancellation of nationalization measures — Act of State — Declaratory award — Similarity to restitutio in integrum

Compensation — Measure of compensation — Damnum emergens — Lucrum cessans — Whether compensation for loss of profits required — Equitable measure of compensation — Interest — Whether interest usurious — Rate of interest — Date from which interest payable — Costs

Arbitration — Arbitration between State and foreign company Procedure — Lex arbitri — Whether arbitration subject to the law of the Tribunal — Award given in default of appearance — Appointment of Sole Arbitrator by the President of the International Court of Justice

Human rights — Scope of application — Requirement that individual be within the jurisdiction of the respondent State — European Convention on Human Rights, 1950, Article 1 — Application outside the territory of a Contracting State — Actions of State agents — Effective control of an area of territory — Belligerent occupation — Military operations — Iraq — Security Council Resolutions 1483 (2003)and 1511 (2003) — Whether actions of United Kingdom contingent in Multi-National Force attributable to United Kingdom or United Nations

Human rights — Right to life — European Convention on Human Rights, Article 2 — Procedural element — Duty to conduct investigation into death allegedly caused by armed forces of State — Requirement that investigation be independent and effective — Hostile conditions in area where death occurred — Requirement that investigation nevertheless take place — Relevance of conditions to form and conduct of investigation

War and armed conflict — Belligerent occupation — Iraq — Hague Regulations, 1907, Article 42 — Duty of occupying power to maintain order — Relationship between law of armed conflict and human rights law

Human rights — Right to life — Prohibition of torture and inhuman or degrading treatment — European Convention on Human Rights, 1950, Articles 2 and 3 — Treatment contrary to Article 3 must reach a minimum level of severity in all circumstances — Confinement of aliens permissible only to prevent unlawful migration while still complying with international law — Conditions of detention to be compatible with human dignity — Whether Article 3 obliging States to provide accommodation to all persons within their jurisdiction or to provide all refugees with financial assistance to maintain certain standard of living — Whether States under positive obligation to provide decent material conditions and accommodation to impoverished and vulnerable asylum seekers — Principle of non-refoulement — Prohibition of direct and indirect refoulement — Article 13 — Right to an effective remedy — Remedy to be effective in law and practice — Effective remedy to Article 3 claim must involve close and rigorous scrutiny and include potential for execution of impugned measure — Article 41 — Just satisfaction — Non-pecuniary damages — Costs — Article 46 — Binding force and execution of judgments — Rules of Court — Rule 39 — Interim measures — KRS v. United Kingdom

Recognition — of Governments — De facto Governments — Kinds of — Local de facto Government.

Occupation of Enemy Territory — Effects of Occupation — Treatment of Private Property — Whether Occupied State Responsible for Taking of Property by Occupant.

State Succession — With regard to Obligations for Delinquencies — Compensation for Taking of Property — Succession of Governments — Liability for Acts of Local de facto Government — Liability of Occupied State for Acts of Occupant — Whether Yugoslavia Liable for Acts of Independent State of Croatia.

State immunity — Jurisdictional immunity — Alleged violations of jus cogens — Torture — Claims for damages for torture committed outside forum State — Whether defendant State immune — General provision for immunity — Whether exception for jus cogens violation — State Immunity Act 1978, Sections 1(1) and 5 — Whether Section 1(1) of the Act should be read subject to implied exception for claims which alleged torture — Whether English courts having jurisdiction

State immunity — Jurisdictional immunity — Officials — Definition of State — Whether including officials — Whether officials acting in official capacity entitled to same immunity as State — Whether torture official act attracting immunity ratione materiae — Whether exception applying — State Immunity Act 1978 — Whether English courts having jurisdiction

State immunity — Human rights — Relationship between law of State immunity and human rights — State Immunity Act 1978 — Whether Act disproportionate — Whether Act inconsistent with a peremptory norm of international law prohibiting torture — Whether application of Act infringing claimants' right of access to a court under Article 6 of European Convention on Human Rights, 1950 — Whether English courts having jurisdiction to entertain claims — Whether States recognizing or giving effect to international law obligation to exercise jurisdiction over claims arising from alleged breaches of peremptory norms of international law — Sources of international law — Treaties — Judicial decisions — Reputed publicists — Whether recognizing exception to State immunity for torture cases in civil proceedings — Whether ancillary procedural rule entitling or requiring States to assume civil jurisdiction over other States in alleged torture cases

Human rights — Freedom from torture — Torture Convention, 1984 — Claimants alleging systematic torture by State officials while in custody of foreign State — Article 14 of Torture Convention, 1984 — Interpretation — Whether other States required to provide remedy for acts of torture committed outside their territory — Jus cogens prohibition of torture — Whether taking precedence over other rules of international law — Nature of State immunity international law rules — Whether States recognizing or giving effect to international law obligation to exercise jurisdiction over claims arising from alleged breaches of peremptory norms of international law — Whether entitlement to immunity when sued for torture

Human rights — Right of access to court — Kingdom of Saudi Arabia claiming immunity for itself and its officials — Whether immunity incompatible with claimants' right of access to court — European Convention on Human Rights, 1950, Article 6

Relationship of international law and municipal law — State Immunity Act 1978 — Interpretation — Human Rights Act 1998, Section 3 — Whether Section 1(1) of State Immunity Act 1978 could be read in way compatible with Convention rights — European Convention on Human Rights, 1950, Article 6 — Whether State Immunity Act 1978 could be interpreted in manner permitting immunity to be refused to Kingdom of Saudi Arabia and its officials in respect of torture claims — The law of England

Jurisdiction — Extraterritorial — Régime of Capitulations — Marriage between Italian citizens in Tangier in 1922 — Celebration of marriage in Roman Catholic Church — Whether marriage valid in Italy — The law of Italy.

Jurisdiction — Territorial — Limits of — Extraterritorial Application of Anti-Trust Laws — Combination of Foreign and Domestic Companies in Restraint of Trade — Agreements Concerning Territories of Sale — Exchange of Patents and Technical Information — The Law of the United States of America.

State territory — Territorial waters — Jurisdiction over — Inter-oceanic waterway — Navigable channel — Beagle Channel between Argentina and Chile — Islands at mouth of channel.

Jurisdiction — Territorial — Over national waters — Maritime jurisdiction — Uti possidetis juris doctrine

Treaties — In general — Title — Significance of — Preamble — Relevance of

Treaties — Interpretation — Principles and rules of interpretation — Interpretation by principles of Vienna Convention of 1969 on the law of treaties — Bases of negotiation

Treaties — Interpretation of — Bilingual treaties — Varying versions — Maps and charts as evidence of contents — Confirmatory or corroborative incidents and material — Relevance of speech by Minister of Foreign Affairs

Treaties — Special kinds of — Arbitration treaties — Denunciation of general treaty not affecting pending arbitration proceedings

Disputes — Arbitration — Law applied by arbitral tribunals — Decision in accordance with international law — Other matters to be taken into account

Disputes — Arbitration — Acceptance of arbitration

Disputes — Arbitration — Arbitration treaty — Denunciation of general treaty not affecting pending arbitration proceedings

Disputes — Arbitration — Appointment 'of members of Court of Arbitration — Death of a member

Disputes — Arbitration — Procedure — Visit to locus — Expenses — Language

Disputes — Arbitration — Evidence — Boundary dispute — Relevance of cartography — The "time frame" — Maps and Admiralty charts — Memorandum by Admiralty hydrographer — Acts of jurisdiction as confirming or corroborative evidence

Disputes — Arbitration — The award — Declaration that decision constitutes the award — dispositif.

State territory — Parts of — Water boundaries — Definition of boundary by arbitration — Tracing of boundary — Straight base lines — The Beagle Channel between Argentina and Chile — Islands at mouth of channel

Human rights — Property rights — Recognition of indigenous land rights — Whether indigenous Nama people of Richtersveld entitled to restitution of land — Section 2(1) of Restitution of Land Rights Act 1994 — Interpretation — Act applying retroactively — Legal rights of indigenous inhabitants to strip of land in Richtersveld — Whether rights including ownership of minerals and precious stones — Determination of nature and content of land rights — Determination of law governing land rights — Indigenous law — Character of indigenous title to land — Nature and content of rights in land prior to annexation of territory in 1847 — Legal consequences of annexation — Whether land rights surviving annexation — Nature of land rights before and after 19 June 1913 — Whether dispossession of land by State — Precious Stones Act 1927 — Scope and effect of Act — Racial discrimination — Whether dispossession result of racially discriminatory laws or practices

Territory — Title — Effects of change of sovereignty — Annexation — Annexation of Richtersveld by British Crown on 23 December 1847 — Acquisition of sovereignty by British Crown upon annexation — Legal consequences of annexation — Effect of annexation on land rights of indigenous people — Whether extinguishing indigenous land rights — The law of South Africa

War — Outbreak of — Effect on Contracts — The Law of the United States.

War and Neutrality — War in general — Effects of the outbreak of war — Trading with the enemy — State of national emergency short of war — Blocking of assets in which hostile State or its nationals claim an interest — Corporate assets — Whether shareholders may withdraw proportionate share of blocked assets — Purposes of blocking assets in peacetime — Cuban Assets Control Regulations — Section 5(b) Trading with the Enemy Act — The powers of the President — The law of the United States

Diplomatic relations — Immunity — Diplomatic agent — Immunity of diplomatic agent after termination of diplomatic status — Vienna Convention on Diplomatic Relations, 1961, Article 39(2) — Acts performed in the exercise of diplomat's functions as member of the mission — Scope of functions — Police liaison officer — Officer performing police functions — Whether functions as a diplomatic agent separate from functions as a police officer — Waiver — Authority to waive immunity — Undertaking given by diplomatic agent to court — Whether sufficient to constitute waiver

State immunity — Jurisdictional immunity — Entitlement to immunity — Departments of government — Whether police a part of the government for purposes of immunity — Whether State immunity also protects individual official from suit — Relationship between State and diplomatic immunity — The law of England

State immunity — Jurisdictional immunity — Tort — Breach of contract — Commercial activity — Territorial connection — Agency — United States Foreign Sovereign Immunities Act 1976 — Definition of “commercial activity” — Austrian State railway — United States national injured while passenger — Ticket sold by agency in the United States — Whether sufficient territorial connection with the United States — The law of the United States of America

International law — International comity — Subpoena of United States grand jury requiring production of documents located in another country — Where production would violate laws of the other country — Respect for laws of other countries — The law of the United States of America.

Jurisdiction — Territorial limits of — Grand jury subpoena requiring production by domestic bank of documents in foreign country — Violation of laws of foreign State — Effect of — The law of the United States of America.

Jurisdiction — Territorial — Over ports and national waters — Statute providing right of action to seaman suffering personal injury — Interpretation of statute consistently with international law — Action by foreign seaman against foreign shipowner for Injury sustained in territorial waters of State of forum — The law of the United States of America.

War — Enemy Character — Of Individuals — Trading with the Enemy — National of Belligerent State Voluntarily Resident in Enemy Territory — The Law of the United States of America.

Sovereign immunity — Foreign State-owned corporation — Foreign Sovereign Immunities Act 1976 — Policy — Judicial determination of claims of sovereign immunity — Procedure — Respective roles of Federal courts not possessing exclusive jurisdiction — Requirement that provision for removal of cases to Federal courts be strictly construed — The law of the United States

Treaties — Effect in municipal law — EEC Treaty, 1957 — Legislation enacted by EEC institutions — Status under municipal law — Directives — Direct effect — Conditions — Failure of Member State to implement provisions of directive by specified time — Whether directive may be relied upon by individuals before municipal courts

International organizations — EEC — Powers — Legislation — Directives enacted by Council — Direct effect — Directive conferring margin of discretion on Member States — Individual provisions imposing precise obligation and capable of having direct effect — Whether severable from other provisions of directive

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Article 189 — Directives — Whether capable of conferring rights on individuals

Economics, trade and finance — Taxation — Value added tax (“VAT”) — Harmonization — Sixth EEC Council Directive 77/388 — Exemptions conferred by directive — Implementation in Member States — Failure of Member State to comply with obligations — Whether individuals may invoke exemptions under directive in case of non-implementation — The law of the European Economic Community

International Court of Justice — Jurisdiction — Finality of judgments — Revision — Statute of the International Court of Justice, Article 61 — Requirement of newly discovered facts — Whether facts must have existed at the time of the judgment in respect of which revision sought — Subsequent facts — Federal Republic of Yugoslavia (“FRY”) — 1996 Judgment upholding jurisdiction under the Convention on the Prevention and Punishment of the Crime of Genocide, 1948 — Subsequent admission of FRY as Member State of the United Nations — Whether implying FRY was not party to Statute or Genocide Convention at time of 1996 Judgment — Whether new facts within the meaning of Article 61

State succession — Succession and continuity of States — Socialist Federal Republic of Yugoslavia — Whether FRY the continuation of the former Yugoslavia — Membership of the United Nations — Participation in treaties — Convention on the Prevention and Punishment of the Crime of Genocide, 1948

International Organizations — United Nations — Membership — Yugoslavia — Status of Yugoslavia between 1992 and 2000 — Whether Member of the United Nations — Whether party to the Statute of the International Court of Justice — Whether bound by Convention on the Prevention and Punishment of the Crime of Genocide, 1948