Alien Enemies — Status of — Effect of Recognition of New State — Enemy Aliens Belonging to the Territory of the New States.

Jus postliminii — Alien Enemies — Citizenship of Newly Recognized States.

Recognition — Of States — Effect upon Status of Enemy Aliens — Enemy Aliens Intending to Reside within the Territory of the New State.

Recognition of Acts of Foreign Governments — Effects of Non-Recognition — Non — Recognition by the United States of America of the Government of the People’s Republic of China.

Recognition of Governments — Effects of Non-Recognition — Conflicting Claims to Assets in Foreign Country — Conclusive Nature of Decision of Executive as to Recognition — Preservation of Status Quo of Assets — Non-Recognition by the United States of the Government of the People’s Republic of China.

State responsibility — Kinds of — For taking of, or interference with, property — Restrictions and regulations imposed under Soviet nationalization decree — Whether amounting to a taking of bank deposits — Soviet Decree of 1917 nationalizing Russian-owned banks — Effect on foreign-owned branches in Russia — Confiscation of pledged securities — Claim based on deprivation of remedy to apply securities in satisfaction of original obligation.

International law in general — Relation to municipal law — Treaties — Interpretation and application of treaties in municipal courts — Warsaw Convention — The law of the United States

Treaties — In general — Form of international agreements — Montreal Agreement 1966 between airlines, members of LATA — Status in United States courts — The law of the United States

Treaties — Interpretation — Principles and rules of interpretation — Interpretation by municipal court — Warsaw Convention — Meaning of French text a triable issue of fact — The law of the United states

Recognition of Acts of Foreign States — Confiscatory Decrees — Effect upon Property Abroad — German Measures against Jews in Austria.

Jurisdiction — Exemption from — Foreign States — Action against Foreign Military Authorities to Recover Rent and Possession of Buildings — Foreign State as Real Party in Interest.

The Individual in International Law — Human Rights and Freedoms — European Convention for Protection of — European Commission of Human Rights — Individual Applications — No prima facie Violation of Convention — Right to Freedom of Expression (Article 10) — Freedom to Practise as a Lawyer Not Protected — Right to Legal Aid (Article 6) — Civil Action.

Relationship of international law and municipal law — Treaties — Treaty of Waitangi, 1840 — Status of Treaty of Waitangi in New Zealand municipal law — Responsibilities of New Zealand under Treaty of Waitangi — Incorporation of principles of Treaty of Waitangi in New Zealand law — Treaty of Waitangi Act 1975 — Treaty of Waitangi Amendment Act 1985 — State-Owned Enterprises Act 1986 (“SOEA”) — Transfer of Crown land to State enterprises — Section 23 empowering Government Ministers to transfer Crown land on behalf of Crown — Review of proposed exercise of statutory power — Interpretation of SOEA — Section 9 of SOEA — Applicability — Whether SOEA contrary to principles of Treaty of Waitangi — Section 27 of SOEA — Scope — Whether existing and prospective Maori land claims adequately protected — Relationship between Sections 9 and 27 of SOEA — Whether Section 9 of SOEA overriding provision — Whether Maori land claims within scope of Section 9 — Whether Section 27 of SOEA self-contained code — Whether principles of Treaty of Waitangi inhibiting transfer by Crown of Crown land

Human rights — Property rights — Indigenous peoples — Treaty of Waitangi, 1840 — Interpretation — Principles of Treaty of Waitangi — Breaches — Racial relationships in New Zealand — Maori people guaranteed possession and control of their lands and precious possessions — Special significance of land to Maoris — Crown obliged to protect Maori land interests — Maori land grievances — SOEA transferring Crown land to State enterprises — Whether SOEA contrary to principles of Treaty of Waitangi — Whether SOEA adequately protecting existing and prospective Maori land claims — Review of proposed exercise of statutory power

Treaties — Interpretation — Treaty of Waitangi, 1840 — Status — Contemporary application — Special features — Constitutional, political and social significance — Colonization of New Zealand — British Crown and indigenous Maori people treaty partners — Differences in English and Maori Treaty texts — Principles of Treaty of Waitangi — Identification — Changed circumstances — Reciprocal obligations of treaty partners — Whether requirement to act in good faith towards one another Territory — Sovereignty — Cession — Treaty of Waitangi, 1840 — Transfer of sovereignty over New Zealand from indigenous Maori people to British Crown — Colonization of New Zealand — The law of New Zealand

Air — Civil air transport — Liability of international air carriers — Loss of cargo — Warsaw Convention, 1929, Articles 22 and 23 — Liability limit linked to value of gold — Liability limit expressed by air carrier in United States dollars — Method of conversion — Validity

Relationship of international law and municipal law — Status of treaties in United States law — Self-executing treaties — Whether provisions of self-executing treaty can be abrogated by enactment of conflicting domestic legislation — Presumption that Congress did not intend to legislate in a manner contrary to treaty obligations — Statement by Executive that treaty obligation extant — Whether conclusive

Treaties — Effect in municipal law — Whether conferring rights upon individuals — Warsaw Convention, 1929 — Allegation by plaintiff that treaty provisions rendered inoperative by doctrine of rebus sic stantibus — Assertion by treaty parties that treaty extant — Whether plaintiff precluded from asserting doctrine

Economics, trade and finance — Gold — “Official” price of gold in the United States — Warsaw Convention, 1929, Article 22 — Liability limit of air carriers linked to value of gold — Abolition of “official” price of gold in the United States — Effect on enforceability of Convention in the United States

Treaties — Interpretation — Principles of interpretation — Application by municipal courts — Object and purpose — Reference to travaux préparatoires — Subsequent practice of the parties — Warsaw Convention, 1929, Article 22 — The law of the United States

States in their Sovereign or other Capacity — Exemption from Jurisdiction — Claim Based on Private Law Title — Counterclaim for Acts Performed in Sovereign Capacity.

Jurisdiction — Immunity of States from Suit — Claims and Counter-Claims — States in their Sovereign and other Capacities — Belgium as Defendant in Counter-Claim — Counter-Claim in respect of Acts Performed in Sovereign Capacity.

International Law — Sources — General principles of law — Meaning and content — Distinguished from equity — Application as law governing concession agreement between State corporation and foreign company — Respect for acquired rights as general principle of law — Pacta sunt servanda — Compensation for breach of concession — Damnum emergens and lucrum cessans.

State responsibility — Damages — Measure of — Indirect damages and damages for loss of profits — Breach of concession agreement — Claim for expenses incurred in concluding agreement — Claim for expenses in performing agreement — Compensation for loss of chance to discover oil in concession area — Valuation of right to unworked and unexplored areas — Applicable method of valuation — Expert evidence — Assessment of compensation ex aequo et bono.

State responsibility — Interest — Rate of interest — Direct and indirect damages for breaches of concession agreement — " Usual rate " of interest — Dies a quo.

Arbitration — The law applied by arbitral tribunals — Arbitration under concession agreement between State corporation and foreign company — Procedural law — Right of parties to choose this law — Effect of giving arbitrator power to determine seat of arbitration Competence of arbitrator to select procedural law — Substantive law — Application of general principles of law — Agreement with no express choice of law — Whether private international law of seat of arbitration governs — Relevance of common intention of parties — Applicability of lex loci contractus and lex loci executionis — Special nature of long-term concession agreement with foreign company — Significance of arbitration clause — Whether intention to reject exclusive application of local law implied.

Arbitration — In general — Appointment and withdrawal of arbitrators — Constitution of arbitral tribunal — Initial failure of one party to appoint arbitrator — Request to third party to appoint sole arbitrator — Claim that appointment null — Non-appearance of party making this claim — Validity of appointment of sole arbitrator — Whether this issue res judicata in subsequent arbitration.

Arbitration — Procedure — Procedure before the tribunal — Effect of default and refusal to appear by one party — Whether arbitrator may proceed to determine merits.

State responsibility — For revocation of, or interference with, concessions — Concession agreement between State corporation and foreign company — Undertaking by Government and State corporation not to cancel or amend concession or hinder its performance — Disputes clause — Provision for reference to arbitration — Application of principle pacta sunt servanda — Responsibility of State corporation for fundamental breach of concession — Measure of damages — Direct and indirect damages — Damages for loss of profits.

Consuls — Functions and Powers — Representative of National in Partition Suit — Absence of Treaty — Lack of Specific Authorization.

International law in general — Relation to municipal law — Principles of — Inclusion in municipal law — Principles as to restitutio in integrum — Application by arbitral tribunal

States as international persons — In general — Sovereignty and independence — In matters of domestic jurisdiction — International commitments with private party — Concessionary contracts — Right to nationalize — Whether a mandatory rule of general international law (jus cogens)

State responsibility — Nature and kinds of — For revocation of contracts — State bound by acts of its organs — Act of Minister — Conclusion by Minister of Deeds of Concession — State bound thereby

International organizations — United Nations — General Assembly — Resolutions of — As reflecting or affecting customary international law — Nature of resolution — Character of voting thereon — Permanent Sovereignty over Natural Resources — Charter of Economic Rights and Duties

Disputes — Arbitration — In general — Conception and function of — Contractual nature of — Effect of nationalization measures on arbitration provisions in Deeds of Concession — Autonomy or independence of arbitration clause — Need for compliance by parties with pre-requisites — Attempts to bring about friendly settlement

Disputes — Arbitration — Conception and function of arbitration — Restriction to matters of principle to exclusion of question of enforcement

Disputes — Arbitration — In general — Law applied by Arbitral Tribunals — Absence of agreement as to choice of law — Determination by Arbitral Tribunal as to law or systems of law applicable — Choice between municipal law and international law — Relevance of intention of parties — Relevance of provision that arbitrator be appointed by President of International Court of Justice — Relevance of exclusion of municipal law in provisions in Deeds of Concession as to Rules of Procedure

Disputes — Arbitration — Arbitration Treaty — Appointment of Arbitrator — Failure of one party to appoint arbitrator — Appointment by President of International Court of Justice

Disputes — Arbitration — In general — Appointment of arbitrator — Failure to appoint arbitrator — Rejection of request for arbitration — Appointment of arbitrator by President of International Court of Justice — Failure of defendant to take part in proceedings — Effect on rights of plaintiff

Disputes — Arbitration — Procedure — Waiver of oral argument — Arbitration governed by Rules of Procedure to exclusion of local law — Rules of 1962 prepared by Bureau of Permanent Court of Arbitration — Draft Convention on Arbitral Procedure adopted 1955 by U.N. International Law Commission

Disputes — Arbitration — Procedure — Waiver of oral arguments — Possibility of withdrawing dispute — Non — appearance of one party — Question as to identity of defendant — Attempt to distinguish between State and Minister by whom Deeds of Concession concluded

Disputes — Arbitration — Procedure — Competence to determine jurisdiction — Division of proceedings into two parts — Part devoted to question of jurisdiction — Arbitrator as judge of his own jurisdiction

Disputes — Arbitration — Procedure — Competence to determine jurisdiction — Question as to existence of dispute or difference — Divergence of interest and opposition of legal views constituting basis for litigation

Disputes — Arbitration — Procedure — Competence — Loss by plaintiffs of status as concession holders after nationalization — Whether affecting operation of arbitration clause

Disputes — Arbitration — The Award — Scope and binding force — Judgment by default — Plaintiff’s request for ruling by tribunal — Decision as to restitutio in integrum — Time limit therefor

State responsibility — Nature and kinds of — For revocation of, or interference with, concessionary contracts — Whether Deeds of Concession are contracts — Nature of concessions — Oil concession — Applicable law — Right of parties to choose law — Application of choice of law clause in contract — Binding nature of contracts derived from international law — “Internationalization” of contract between State and alien private person — Meaning and scope of nationalization of concessions — Whether or not nationalization measures breach obligations under contracts — Whether Deeds of Concession are “administrative contracts” — Whether nationalization terminates legal status of concession holders — Obligation to give full effect to Deeds of Concession after nationalization — Restitutio in integrum — Application of municipal law — Relevance of Muslim law

Belligerent Occupation — Effects of — Laws Issued by Invaded State Prior to Occupation — Continued Validity Abroad.

Recognition — Of Governments — Effects of Non-Recognition — Decrees of Unrecognized Government.

International law in general — Sources — Customary international law — Development of — Use of analogy — General principles of law — Relationship to international morality.

International law in general — Relation to municipal law — Jurisdiction of national courts — When custody of prisoner secured by breach of international law — Whether court entitled to exercise universal jurisdiction — Relationship of statute and customary international law — Presumption that there is no conflict — Primacy of statute — The law of Israel.

Recognition of acts of foreign States — Whether Act of State a defence to charges of war crimes, genocide and crimes against humanity.

Jurisdiction — In general — Territorial — Over foreigners — In respect of offences committed abroad — Application of Israel legislation regarding crimes against Jews — Principles of universality, passive personality and protection.

Jurisdiction — In general — Territorial — Irregular apprehension — Seizure of accused in Argentina by agents of Israel Government — Whether affecting jurisdiction of Israel courts — Effect of waiver of breach of international law by Government concerned — Retroactivity of law.

State responsibility — Nature and kinds of — For wrongs unconnected with contractual obligations — Acts of State officials — Abduction — Reparation — Nature of

The individual in international law — Extradition — In general — Abduction — Whether principle of specialty applies.

War — In general — Enforcement of Jaws of war — Punishment of war crimes and crimes against humanity — Defence of superior orders — Genocide as a crime under international law — Principle of nullum crimen sine lege.

The individual in international law — In general — Position of — Responsibility for war crimes, genocide, and crimes against humanity — Effect upon individual of irregular apprehension — Whether individual direct beneficiary of international law — Right of State in which apprehension occurred and of national State to waive claim arising therefrom — Relevance of extradition procedure — Human rights and freedoms — European Convention for Protection of — Right to freedom and personal security — Application of Convention by courts of State not a party.

Arbitration — Costs — 2010 United Nations Commission on International Trade Law Rules on Arbitration, Article 42(1) — Presumption that “unsuccessful party” bears costs and expenses of arbitration — Whether a party prevailing on some issues but whose claims are declared inadmissible is an “unsuccessful party”

Arbitration — Costs — Whether a party should bear the cost to defend against a claim declared to be an abuse of right

Arbitration — Costs — 2010 United Nations Commission on International Trade Law Rules on Arbitration, Article 42(1) — Whether apportioning costs between the parties is reasonable when each party prevails on some issues in a dispute

Arbitration — Costs — 2010 United Nations Commission on International Trade Law Rules on Arbitration, Article 40(2) — Whether costs incurred by outside counsel and government lawyers are reasonable under the circumstances of a dispute

International law in general — Sources — General principles of law — Reference thereto in a concession — Whether distinguishable from public international law

State responsibility — Damages — In general — Whether exclusive remedy for breach of concession

Treaties — Termination of — By act of party — Whether one party may unilaterally terminate — Remedies of innocent party — Suspension of performance — Acceptance of repudiation — Whether extending to specific performance — Vienna Convention on the Law of Treaties 1969, Articles 26, 42, 60 and 65 — Comparison with concessions

Disputes — Arbitration — In general — Law applied by arbitral tribunals — Procedural law — Applicability of municipal law — Dependence upon seat of tribunal

Arbitration — In general — Law applied by arbitral tribunals — Choice of substantive proper law — “Principles of law of Libya common to the principles of international law” — “General principles of law” — Effect of conflict between principles of Libyan law and of international law — Whether public international law directly applicable

Arbitration — In general — Law applied by arbitral tribunals — Choice of conflict of laws rules — Relevance of law of seat of tribunal — Lex arbitri — Reference to law specified in contract in issue

Arbitration — Procedure — Before the tribunal — Effect of absence of respondent party

Disputes — Arbitration — Procedure — Appeals — Request for reopening or continuation of proceedings — Arbitration between State and non — State entity — Whether governed by law of seat of arbitration — The law of Denmark

Disputes — Arbitration — The Award — Appeal and revrsron — e — Grounds of — Allegations of fundamental errors of law and grave defects in procedure — Whether arbitrator competent to re — open and continue hearing — Arbitration between State and non — State entity — Relevance of law of seat of arbitration — The law of Denmark

State responsibility — Nature and kinds of — For revocation of, or interference with, concessionary contracts — Nature of concession — Whether administrative contracts — Conditions of amendment or revocation by the State — Effect of Nationalization Law — Whether a fundamental breach — Whether a breach of public international law — Relevance of extraneous political reasons, arbitrariness and discrimination — Whether provision for compensation without determination and offer of compensation is confiscation — Effect of breach — Remedies — Whether specific performance and restitutio in integrum are available — Whether distinguishable from a declaration that concession remains in force — Relevance of fact that a State is party to concession — Damages as exclusive remedy — General principles of law

Sea — Maritime boundaries — Delimitation — Single maritime boundary for all purposes — Islands belonging to one State off coast of other State — Identification of relevant coastlines in delimitation area — Ratio of coastlines — Whether coastlines opposite or adjacent — Identification of relevant principles and criteria to be utilized — Capacity of all coasts to generate offshore zone — Whether qualified by competing coasts — Whether qualified by application of principle of proportionality or by political status of island — Relevance of ancient treaties ceding territory — Enclave and frontal projection theories — Relevance of equidistance and contiguous zone rules — Combination of different methods with reference to different segments of delimitation line — Whether demarcation of broad continental shelf beyond 200-mile limit appropriate — Relevance of fisheries and mineral resources — Equity of result — Whether areas allocated disproportionate

Jurisdiction — On the high seas — Injury to alien — Aboard foreign vessel — Maritime tort — Litigation in municipal court — Discretionary nature of jurisdiction — The law of the United States of America.