Treaties — Interpretation of — “Cession of Territory” — When Effected by Renunciation of Rights — Treaties of St. Germain and Trianon.

Jurisdiction — Criminal Jurisdiction — Over Aliens Abroad — Act Committed by an Alien beyond the Territorial Jurisdiction but within Consular Jurisdiction — Act against the Interests of the State — Place where Act Takes Effect.

Prize Law — Procedure — Legal Presumption of Validity of Capture — Extent of.

Territory — Conquest — Non-recognition — Annexation of Lithuania to Soviet Union — Soviet Union introducing new laws and Constitution in Lithuania — Subsequent nationalization of property, banks and large-scale industry

State succession — Continuity of States — Re-emergence of State — Lithuania — End of annexation by Soviet Union — Lithuania regaining independence — Supreme Council of Lithuania adopting Act of 11 March 1990 on the Restoration of the Independent State of Lithuania — Territory of Lithuania integral and indivisible — Act of 11 March 1990 on the Reinstatement of 12 May 1938 Constitution — Annulment of all laws introduced by Soviet Union — No re-establishment of laws in effect prior to 15 June 1940 — Validity of Chapter 8 of 1938 Constitution “National Economy” remaining — Provisional Basic Law of the Republic of Lithuania — Restitution of right to private ownership — Whether private or State ownership of property — Whether property to be restored to former owners according to prescribed laws — Whether any public interest — Whether fair compensation appropriate

Human rights — Property rights — Right to private ownership of property — Right not to be arbitrarily deprived of property — Right enshrined in international legal instruments — Nationalization of property in Lithuania upon its annexation by Soviet Union in 1940 — Restoration of independence in Lithuania in 1990 — Right of private ownership reinstated — Whether property in Lithuania belonging to State or former landowners — Law of 18 June 1991 on the Procedure and Conditions of the Restoration of the Rights of Ownership to the Existing Real Property (the “Restoration Law”) — Amended on 15 July 1993 (“law in dispute”) — Whether provisions complying with Constitution of Lithuania — Whether parts of item 3 of law in dispute amending Parts 5 and 6 of the Restoration Law contradicting Constitution of Lithuania — Whether items 14, 15, 16, 17, 18 and 19 of law in dispute by which Article 12 of the Restoration Law has been appended by items 10, 11, 12, 13, 14 and 15 complying with Constitution of Lithuania — The law of the Republic of Lithuania

European Communities — Treaty amending certain budgetary provisions of the Treaties establishing the European Communities and of the Treaty establishing a single Council and a single Commission of the European Communities (22 April 1970) — Decision of Council of Ministers of European Communities on replacement of the financial contributions of Member States by the Communities' own resources (21 April 1970) — Whether containing clauses contrary to French Constitution — The law of France

Treaties — Conclusion and operation of — Constitutional limitations — French Constitution, Article 54 — International commitments containing clauses contrary to the Constitution — Ratification conditional on prior amendment of Constitution — European Communities — Treaty amending certain budgetary provisions of the Treaties establishing the European Communities and of the Treaty establishing a single Council and a single Commission of the European Communities (22 April 1970) — Decision of Council of Ministers of European Communities on replacement of the financial contributions of Member States by the Communities' own resources (21 April 1970) — Whether containing clauses contrary to French Constitution — The law of France

Jurisdiction — Exemptions from — State Immunities — Position of States of the Commonwealth of Australia.

Belligerent Occupation — Treatment of Civilian Inhabitants — Extermination, Murder and Ill-treatment of Civilian Inhabitants — Genocide — Combatants — Status of Irregular Combatants — Guerrilla Warfare in Occupied Territory — Reprisals — War Crimes as Reprisals — Killing of Hostages — Conduct of Warfare — Question of Legality of Aerial Bombardment of Towns and Cities — Crimes against Humanity — Rights of the Individual Independent of the Law of the State — Plea to the Jurisdiction of the Tribunal — Individual Responsibility for War Crimes — Principle of Nullum Crimea Sine Lege — Plea of Superior Orders

State Responsibility — Claims — Assessment of — Whether Compulsory Mortgages to be Taken into Account.

States — In general — Continuity of States — Effect of revolution — Whether State affected as international entity — Abrogation of prior Constitution — Revolution itself a law-creating fact — Validity of new laws to be judged by reference to new and not annulled Constitution — The law of Pakistan.

International law in general — Relation to municipallaw — Jurisdiction — Relevance of international law principles regarding jurisdiction in interpreting legislation — The law of the United States

Jurisdiction — In general — Territorial — Territorial limits of jurisdiction — United States corporation induced to buy shares in English company on London stock exchange — Purchase induced by representations made in United Kingdom and United States and by transatlantic telephone call — Whether covered by United States Securities and Exchange Act — Jurisdiction of United States courts — The law of the United States

The individual in international law — Extradition — Conditions of extradition — Extraditable crimes — Condition of double criminality — Application — Whether necessary to examine law of the requesting State — Whether legal qualification, name or ingredients of the offence in the law of the requesting State relevant — Procedure of extradition — Form of the order — Necessity of specifying the offence — The law of Ireland

State responsibility — Claims — Nationality of claims — Effect of assignment — United States International Claims Settlement Act, 1949.

Jurisdiction — Territorial limits of — Scope of legislation — Statutory warranty on sale of certain goods — Applicability to imported goods — C.i.f. contracts — Locus of “sale” — Relevance of criminal penalties in statute — Relevance of difficulty of enforcement against sellers outside jurisdiction — The law of England.

International organizations — Personality — Concept of international legal personality — Whether international organization possessing legal personality in English law — Organization of which United Kingdom not a member — Arab Monetary Fund — Whether legal personality of Arab Monetary Fund under international law can be recognized by English courts — Whether Arab Monetary Fund has standing to sue in English courts — Arab Monetary Fund Agreement, 1976 — Incorporation of Agreement into law of United Arab Emirates — Whether conferring legal personality under United Arab Emirates law — Whether English courts may treat Arab Monetary Fund as a legal person deriving status from law of United Arab Emirates

Relationship of international law and municipal law — Act of State and justiciability — Doctrine of non-justiciability in English law — Scope and extent — Principle that English courts may not adjudicate upon or enforce treaties — Extent to which existence of treaty must be taken into account by English courts — Relevance of treaty creating Arab Monetary Fund in determining effect of legislation in United Arab Emirates conferring legal status upon Arab Monetary Fund

Treaties — Application by municipal courts — Principle that English courts may not adjudicate upon or enforce a treaty — Treaty establishing Arab Monetary Fund — Whether English courts may treat Arab Monetary Fund as possessing legal personality and standing to sue in English courts — Extent to which English courts may take treaty into account

Comity — Recognition of foreign laws — United Arab Emirates law giving effect to legal personality of Arab Monetary Fund — Whether English courts required or entitled to recognize personality of Arab Monetary Fund under that law — The law of England

Claims — Diplomatic protection — Whether United Kingdom under a duty to bring proceedings against foreign State for alleged human rights violation against United Kingdom national

Consular relations — Protection of nationals — Limitations — Whether United Kingdom consul under a duty to provide consular assistance to United Kingdom national awaiting trial in foreign State — Limits of what consul can be expected to do

Diplomatic relations — Protection of nationals — Limitations — Whether Foreign and Commonwealth Office under a duty to afford protection to United Kingdom national awaiting trial in foreign State — Whether enforceable — Scope of discretion in conduct of diplomatic relations — Whether requirement that Foreign and Commonwealth Office demand release of national rather than request clemency

Human rights — Due process — United Kingdom national convicted of criminal offence in foreign State — Whether Foreign and Commonwealth Office under a duty to ensure that trial fairly conducted — Diplomatic protection — Whether United Kingdom under a duty to bring proceedings against foreign State for alleged human rights violation against United Kingdom national — The law of England

Jurisdiction — Universal — Genocide — Genocide Convention, 1948, Articles I and VI — Whether permitting exercise of jurisdiction by national courts over crimes committed outside territory of forum State — Interpretation of Convention by reference to purpose of universal jurisdiction — Effect of Rome Statute of the International Criminal Court, 1998

International criminal law — Genocide — Prohibition of genocide under customary international law and treaty law — Whether having status of jus cogens — Whether having erga omnes effect — Definition of genocide — Intent to destroy a group — Whether requiring intent to achieve physical destruction — Whether destruction of group as a social unit sufficient — Whether focus on group according to geographical boundaries included — Whether systematic expulsion amounting to intent to destroy a group — Whether such interpretation compatible with prohibition on retroactivity of criminal law contrary to International Covenant on Civil and Political Rights, 1966, Article 15 — The law of the Federal Republic of Germany

Jurisdiction — Extraterritoriality — United States domestic law — Alien Tort Statute 1789 — The law of nations — Causes of action — Application to violations of specific, universal and obligatory international norms only — Violation of safe conduct, infringements of rights of ambassadors, and piracy — Presumption against extraterritorial application of statutes — Rebuttal of presumption against extraterritorial application — Clear congressional intent for extraterritorial application required to rebut presumption — Whether generic terms such as “any” and “every” sufficient to connote intended extraterritorial application — Whether use of term “tort” and transitory tort doctrine rebutting presumption — Comity — Sosa v. Alvarez-Machain — Universal jurisdiction — Whether claims touching and concerning United States with sufficient force to displace presumption — Whether corporate presence alone sufficient — Circumstances for finding of jurisdiction

Relationship of international law and municipal law — Jurisdiction — Claims in courts of one State for alleged violations of international law in the territory of another State — Alien Tort Statute 1789 — The law of the United States

Aliens — Refugees — Rights of settled refugees — Convention relating to the Status of Refugees, 1951 — Article 16 — Access of refugee to courts — Whether requiring courts of one State to take jurisdiction over claims relating to torture allegedly committed in another State

Human rights — Due process — Access to court for civil claim — European Convention on Human Rights, 1950, Article 6 — Proceedings in Swiss courts in respect of torture allegedly committed in another State — Whether judgment that Swiss courts lack jurisdiction a breach of Article 6(1) — Whether international law requires universal jurisdiction in respect of claims of torture

Human rights — Torture — Nature of prohibition of torture — Jus cogens status of prohibition — United Nations Convention against Torture, 1984 — Article 14(1) — Requirement that States provide remedies for victims of torture — Whether requiring universal jurisdiction in civil claims — Whether Convention imposing different requirements for civil and criminal jurisdiction — General Assembly resolution 60/147

Jurisdiction — Universal jurisdiction — Torture — United Nations Convention against Torture, 1984 — Article 14(1) — Requirement that States provide remedies for victims of torture — Whether requiring universal jurisdiction in civil claims — Absence of alternative forum

Jurisdiction — Territorial — Exemptions from — Foreign States Action against foreign State concerning land occupied for purposes of diplomatic mission — Foreign State registered as owner in land register — Former owner's claim for rectification of register Whether claim subject to jurisdiction of courts of receiving State The law of Germany.

Diplomatic premises — Immunity from jurisdiction — Foreign State registered in land register as owner of premises — Former owner's action for rectification of register — Whether courts of receiving State entitled to exercise jurisdiction over claim for rectification — The law of Germany.

Arbitration — Jurisdiction — North American Free Trade Agreement, Chapter 11 — ICSID arbitration — Additional Facility Rules — NAFTA Article 1121 — Requirement that claimant waive right to initiate or continue proceedings in other courts or tribunals — Scope — Relationship between claims under NAFTA and claims under domestic law — Distinction between jurisdiction and admissibility

Economics, trade and finance — Investment protection — North American Free Trade Agreement — Enforcement

Relationship of international law and municipal law — Treaties — Treaty obligations as part of municipal law — Relationship between violation of treaty and violation of domestic law — North American Free Trade Agreement