War and armed conflict — Enforcement of the laws of war — War crimes and crimes against humanity — London Charter of the International Military Tribunal, 1945, Article 6(b) and (c) — Distinction between war crimes and crimes against humanity — Whether crimes against humanity confined to crimes motivated by racial or religious factors — Whether torture and ill-treatment of members of French Resistance capable of constituting a crime against humanity, as well as a war crime — Time-limits under French law for prosecution of war crimes

War and armed conflict — Crimes against humanity — Definition — International criminal law — Effect in municipal legal order — Jurisdiction of municipal courts — Whether prosecution of crimes against humanity subject to statutory time-limits

Jurisdiction — Irregular return to State of trial — Defendant deported to State of which he was not a national — Receiving State wishing to charge him with crimes against humanity — No extradition treaty between returning and receiving States — Whether circumstances of defendant’s return a bar to prosecution

Jurisdiction — Universal — Crimes against international law — Crimes against humanity — Jurisdiction of municipal courts

Extradition — Conditions — Return of fugitive offender other than by extradition — Whether disguised extradition — Whether a bar to prosecution in receiving State

Human rights — Punishment of crimes against humanity — Whether any right to benefit of statutory limitation of prosecution — Whether guaranteed by Articles 7(2) and 60 of European Convention on Human Rights, 1950, or Article 15(2) of International Covenant on Civil and Political Rights, 1966

Relationship of municipal law and international law — Crimes against international law — Punishment of crimes against humanity by municipal courts — International criminal order — Abolition of frontiers — Inapplicability of statutory limitation of prosecution — Principles of law recognized by the community of nations — Integration into municipal legal system — Treaties — Interpretation by the executive — The law of France

Territory — Title — Native tide — Mabo v. Queensland (No 2) — Common law recognizing native title in relation to land — Native Tide Act 1993 (Commonwealth) — Section 223(1) of Act — Criteria for determination of native title — Section 6 of Act — Territorial application — Whether native tide existing over marine areas

Sea — Tide — Native tide rights and interests — Whether native tide existing offshore — Mabo v. Queensland (No 2) — Relevance of common law — Native Title Act 1993 (Commonwealth) — Section 223(1) of Act — Section 6 of Act — Interpretation of Act — Whether native tide rights and interests in relation to sea — Whether common law recognizing rights and interests over sea and seabed — Whether native title rights and interests enforceable under Australian legal system — Whether native title rights and interests in relation to sea conferring exclusive possession, occupation, use and enjoyment of sea and seabed in claimed area

Sea — Territorial sea — Sovereignty — Great Britain acquiring sovereignty over Northern Territory in 1824 — Seas and Submerged Lands Act 1973 — Seas and Submerged Lands Case 1975 — Subsequent legislation — Relevance of radical title to offshore native title rights and interests — Extent of Australia’s territorial sea — Whether common law recognizing native title rights over sea claimed by indigenous peoples

Relationship of international law and municipal law — International principles — New source of law to resolve ambiguous municipal law — International law influencing development of common law — Australia party to International Convention on the Elimination of All Forms of Racial Discrimination — Convention given effect by Federal Parliament

Human rights — Property rights — Legal rights of indigenous people to sea — Universal human rights — Elimination of racial discrimination — Australian indigenous peoples — Preservation of traditional society and culture — Need to protect indigenous land and resources — The law of Australia

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.

Nationality — Diplomatic protection — Whether national entitled to require State to exercise right of protection — Whether Government may be required by court to make specific diplomatic representations — Threatened violations of human rights

Diplomatic relations — Diplomatic protection — Nationals of State in territory of other State — Whether State of nationality required to make diplomatic representations on their behalf — Whether presumption that nationals likely to be ill-treated

Human rights — Death penalty — Whether death penalty as such contrary to international law — Fair trial — Arbitrary deprivation of liberty — Whether international law recognizing individual has a right to protection from State of nationality

Relationship of international law and municipal law — Constitution of South Africa — Relationship to customary international law — Whether Constitution applicable outside territory of South Africa — Whether Constitution requiring South African Government to exercise right of diplomatic protection in respect of nationals abroad — Degree of discretion enjoyed by Government — The law of South Africa

Boundaries — Effect of Long Continued Occupation of Disputed Area.

Prescription — Boundary Dispute — Long Continued Occupation of Disputed Area.

Sovereignty — Independence — State Loans — Effect of Municipal Legislation Regarding Gold Clauses upon Bonds of a State Loan — Application of the United States Joint Resolution of June 5, 1933, on the Bonds of a Swedish State Loan

State succession — Principles — Central bank — National Bank of Yugoslavia — Dissolution of Socialist Federal Republic of Yugoslavia — Whether National Bank of Yugoslavia still empowered to take decisions affecting property, rights and interests to be divided among successor States — National Bank one of the organs of the former Socialist Federal Republic — Succession to rights and obligations of the National Bank — Whether devolving upon central banks of successor States — Agreement between National Bank and international creditors of the Socialist Federal Republic of Yugoslavia

Territory — Annexation — Collective Naturalization after Annexation.

Nationality — Acquisition of — Naturalization — Collective Naturalization after Conquest — Republic of Hawaii — Annexation by the United States — Necessity of Supplementary Municipal Legislation.

War — Effects of outbreak of — Trading with the enemy — Agency — Principal an enemy national — Competence to ratify acts of agent — Trading with the Enemy Act, 1939, s. 1 — Exception of acts authorized by a Secretary of State — The law of England.

Air Law — International Air Law Conventions — Interpretation of Warsaw Convention of 1929 on International Carriage by Air.

Treaties — Interpretation of — Principles of — Interpretation by Reference to Object of Treaty — Interpretation of Conventions Providing for Unification of Rules of Private Law — Warsaw Convention of October 12, 1929, on International Carriage by Air — Limitation of Liability for Loss of Cargo

Effect of Outbreak of War on Private Contracts — Interest Recoverable on Pre-War Debt in respect of Period of the War.

Human rights — Minority rights — Economic activity — Self-determination — Rights of indigenous populations - Concept of “people” — State responsibility — International Covenant on Civil and Political Rights, 1966

International Tribunals — United Nations Human Rights Committee — Competence — Procedure — Optional Protocol to the International Covenant on Civil and Political Rights, 1966 — Communication alleging violations of Covenant — Exhaustion of domestic remedies — Standing — Concept of “victim”

International criminal law — Genocide — Intent — Evidence of intent — Whether intent to destroy group in whole or in part can be inferred from surrounding circumstances — Ethnic cleansing — Conflict in Bosnia-Herzegovina — Bosnian Serb leadership — Command responsibility — Crimes against humanity — Requirements — Relationship to war crimes

International criminal law — International trials — International Criminal Tribunal for the Former Yugoslavia — Rules of Procedure — Rule 61 — Hearing to confirm indictment — Standards to be applied by Trial Chamber — Failure of States to cooperate with International Tribunal — Issue of international arrest warrant

International organizations — United Nations — United Nations forces — Peacekeepers — Protection — Crimes against members of United Nations force — UNPROFOR in Bosnia-Herzegovina — Action of Bosnian Serbs in taking UNPROFOR personnel hostage and using them as “human shields” — Whether a war crime or grave breach of the Geneva Conventions

War and armed conflict — Armed conflict — Definition of armed conflict — Distinction between international and internal armed conflicts — Conflict in Bosnia-Herzegovina — Whether international — Involvement of other States — War crimes and crimes against humanity — Responsibility of military and political leaders

Human rights — Discrimination — Sex discrimination — Austrian pension law — Whether provisions discriminatory — Widower denied same pension rights as widow — Whether differentiation based upon reasonable and objective criteria — Whether Austria violating International Covenant on Civil and Political Rights, 1966, Article 26

Human rights — Access to court — Right to a hearing within a reasonable time in determination of civil rights — Proceedings still pending after more than ten years — Initiative and power of advancing proceedings resting on parties — Cause of delay — Failure to obtain expert reports in timely manner — Expert supervised by judge — Principal delay attributable to court’s failure adequately to supervise its process — Whether violation of right to determination of civil rights and obligations within reasonable time — European Convention on Human Rights, 1950, Article 6(1)

State responsibility — For acts of the judiciary — Responsibility of judges to prepare cases for trial expeditiously and fairly — Expert reports — Whether delay in determination of civil rights due to delay in obtaining expert opinion — Whether attributable to State — European Convention on Human Rights, 1950, Article 6(1)

Damages — Human rights violations — Unreasonable delay in civil proceedings — Increased costs and expenses in domestic forums — Unidentified financial losses — European Convention on Human Rights, 1950, Article 50

Laws of War — War Crimes — Spies — Lawful and Unlawful Combatants — Saboteurs as Spies — Absence of Actual Commission of Sabotage — United States Rules of Warfare and Hague Convention No. IV.

British Commonwealth of Nations — Subordinate Legislatures — India — Power to Enact Extra-territorial Legislation.

Jurisdiction — Extra-territorial Legislation — British Common-wealth of Nations — Taxing Legislation — Federal Legislature of India — Subordinate Legislatures — Competence of.

Aliens — Entry — Discretion of Minister of Immigration to grant entry permits — Scope of discretion — Whether a duty to have regard to State’s international obligations when exercising discretion — Visiting sports team from South Africa to New Zealand — International Convention on the Elimination of All Forms of Racial Discrimination, 1965 — Effect of Convention in municipal law — Whether reference to specific group required in Convention to render an action a violation of the Convention

Relationship of international law and municipal law — Treaties — Application by municipal courts — Incorporation into domestic law — Entry permits — Whether Minister of Immigration’s discretion to grant permits to be exercised with regard to State’s international obligations — Whether treaties require full incorporation into municipal law to impose duty on Minister to have regard to treaty when exercising discretion — International Convention on the Elimination of All Forms of Racial Discrimination, 1965 — Visiting sports team from South Africa

Treaties — Application — By municipal courts — Whether full incorporation into domestic law required to make treaty enforceable in municipal law — International Convention on the Elimination of All Forms of Racial Discrimination, 1965 — Whether Minister exercising a discretion bound to have regard to State’s international obligations — Whether duty imposed depends whether importance of issue such that Parliament must have intended that exercise of discretion performed in light of international obligations in absence of specific incorporation — The law of New Zealand

Recognition of acts of foreign States — Confiscatory legislation — When effective — For purpose of municipal law — The “Act of State” doctrine — The law of the United States of America.

Jurisdiction — Extraterritorial Operation of Decrees — Liquidation of Russian Insurance Companies — Legality of Acts of Liquidator Outside Russia.