Diplomatic Immunity — Immunity from Jurisdiction — Wife of Diplomatic Person — Whether included in the Term “Domestic” — Wife Driving Car of Diplomatic Person — Method of Claiming Immunity — General Appearance — Waiver.

State immunity — Attachment and execution — Criteria for determining which assets immune from execution — Assets designated for non-sovereign tasks — Civil aircraft owned by foreign State airline — Whether liable to attachment to secure payment of debt owed by State corporation — Principles of customary international law governing immunity of assets of foreign State from enforcement jurisdiction in State of forum — Assets used for exclusively commercial purposes — Requirement of ministerial authorization for execution — Italian Law No 1263 of 1926

Sources of international law — Judicial decisions — Decision of Federal German Constitutional Court as evidence of customary international law

State responsibility — For debts — State corporations — Whether endowed with independent legal personality — Whether such corporations may be held liable for each other’s debts — The law of Italy

Combatants — Parachutists — Rules of War Applicable to.

Prisoners of War — Employment of — Employment of Prisoners in Unloading Arms and Ammunition from Aeroplanes — Parachutists — Duties of — Hague Regulations in Relation to Parachutists.

War — Occupation of enemy territory — Requisitions and contributions — Construction by German builder of military installation for United States Army in West Germany — Whether arrangements between builder and army constitute contract or requisition from occupied territory — Whether builder has action against the United States — The law of the United States of America.

Extradition — Political Offences — Whether Prohibition of Extradition Applicable to Persons Charged with Common Crime — Relevance of Political Situation in Requesting State — Claim to Asylum in Requested State — Whether Claim to Asylum Overrides Duty of Requested State to Extradite — The Law of Germany.

Belligerent Occupation — Requisitions and Contributions — Article 52 of the Hague Regulations — Absence of Requisition Order.

State responsibility — Nature and kinds of — For breaches of treaty obligations — European Convention on Human Rights, 1950 — Violation established — Just satisfaction — Material loss — Causal link between claims and breach of Convention — Non-pecuniary damage — Whether finding of violation already furnishes sufficient just satisfaction — Legal costs and expenses — Whether reasonable and actually incurred

State responsibility — Damages (Measure of damages) — Grounds for awarding damages — European Convention on Human Rights, 1950 — Article 50 — Just satisfaction in respect of breach established — Material loss — Non-pecuniary damage — Legal costs and expenses

Disputes — Other international courts — European Court of Human Rights — Proceedings for just satisfaction under European Convention on Human Rights, 1950 — Request to defer judgment until national courts’ final decision on reparation — Whether suspension of proceedings would hinder proper administration of justice

The individual in international law — In general — Human rights and freedoms — European Convention on Human Rights, 1950 — Violation of right to a hearing within a reasonable time established — Article 50 — Just satisfaction — Request to defer judgment until national courts' final decision on reparation — Whether suspension of proceedings would hinder proper administration of justice Material loss — Causal link between claims and breach of Convention — Non-pecuniary damage — Whether finding of violation sufficient just satisfaction — Particular circumstances to be taken into account — Legal costs and expenses — Whether reasonable and actually incurred — Proceedings before national courts — Proceedings before Convention institutions

Sea — High seas — Jurisdiction — Over ship used for unauthorized broadcasting — Dutch national making unauthorized broadcasts to the Netherlands from foreign ship on high seas — Seizure of ship and radio equipment by Dutch authorities — Whether having jurisdiction — Whether jurisdiction of flag State exclusive — Whether Dutch court having competence to determine ship’s entitlement to fly flag of foreign State — Geneva Convention on the High Seas, 1958, Articles 5(1) and 6(1)

Sources of international law — Customary international law — State practice — Provisions in draft treaty concerning law of the sea — Significance of acceptance of provision by majority of maritime States

Jurisdiction — Personal — Nationals on the high seas — Unauthorized broadcasting from foreign ship — Whether flag State having exclusive jurisdiction — The law of the Netherlands

The individual in international law — In general — Human rights and freedoms — Detention without access to lawyer or family — Trial by military court — Trial not held in public — Judgment not made public — Habeas corpus not available — Allegations of torture — International Covenant on Civil and Political Rights — Optional Protocol — U.N. Human Rights Committee — Procedure — Right of individual petition — Evidence — Consideration of same case by another human rights tribunal

State immunity — Separate entities — Agency or instrumentality of government — Foreign States Immunities Act 1985 (Cth) — Whether Garuda Indonesia, Malaysian Airlines and Malaysian Airlines Cargo “separate entities” within meaning of Foreign States Immunities Act 1985 (Cth) — Jurisdictional immunity — Commercial acts — Alleged airline cartel — Whether proceedings for alleged breach of Trade Practices Act 1974 (Cth) within “commercial exception” in Foreign States Immunities Act 1985 (Cth) — The law of Australia

Treaties — Conclusion and operation — Constitutional limitations — Control of compatibility of treaty with Basic Law of Federal Republic of Germany — Role of Federal Constitutional Court — Treaty between Federal Republic of Germany and German Democratic Republic — Interpretation so as not to conflict with requirements of Basic Law of Federal Republic — Ratification and entry into force — Whether ratification may take place prior to completion of examination of treaty by Federal Constitutional Court

Treaties — Interpretation — Principles and rules — Avoidance of conflict with municipal constitutional law — Choice of interpretation which conforms with requirements of Basic Law of Federal Republic of Germany

Treaties — Special kinds of treaties — Treaty on the Basis of Relations between the Federal Republic of Germany and the German Democratic Republic, 1972 — Special character — Treaty governing relations between the two German States inter se — Applicability of rules of international law

States — Continuity of States — Status of Germany after 1945 — Status of Berlin — Whether Federal Republic of Germany is legal successor to German Reich — Continued existence of German Reich under international law — Effect of Treaty on the Basis of Relations between the Federal Republic of Germany and the German Democratic Republic, 1972

States — Recognition — German Democratic Republic as State and subject of international law — Attitude of Federal Republic of Germany — De facto recognition

Nationality — Effects of change of sovereignty — Division of Germany after 1945 — Single German nationality — Preservation — Basic Law of Federal Republic of Germany, Article16

Territory — Effects of changes of sovereignty — Legal status of Germany after 1945 — Legal status of Berlin — Consequences of Treaty on the Basis of Relations between the Federal Republic of Germany and the German Democratic Republic, 1972

Territory — Occupation of foreign territory in time of peace — Status of Berlin — Effect of Treaty on the Basis of Relations between the Federal Republic of Germany and the German Democratic Republic, 1972

Relationship of international law and municipal law — Treaties — Treaty on the Basis of Relations between the Federal Republic of Germany and the German Democratic Republic, 1972 — Compatibility with Basic Law of the Federal Republic — The law of the Federal Republic of Germany

International Court of Justice — Advisory jurisdiction — Requests by specialized agencies of the United Nations — Jurisdictional requirements — Requirement that agency be duly authorized — Requirement that question posed be a legal question — Definition of legal question — Political aspects do not necessarily preclude characterization of question as legal in nature — Political motives and implications irrelevant — Requirement that question arise within the scope of activities of the requesting agency — Role of the Court in considering request for an advisory opinion — Interpretation of question — Article 65 of the Statute of the International Court of Justice — Article 96(2) of the United Nations Charter — Agreement between United Nations and the World Health Organization (“WHO”) — WHO Constitution

International organizations — Specialized agencies of the United Nations — WHO — Competence to request advisory opinion regarding legality of using nuclear weapons — Whether question arising within the scope of the activities of WHO — Constitution of WHO — Interpretation — Approach to interpretation of constituent treaties — Nature of specialized agency — United Nations and specialized agencies as a coherent system — Position of WHO within the United Nations system — Principle of speciality

Treaties — Interpretation — Constitution of international organization — Approach to interpretation — Emphasis upon object and purpose of treaty — Subsequent practice

War and armed conflict — Nuclear weapons — Whether use of nuclear weapons prohibited by international humanitarian law — Protection of health and the environment in war and armed conflict

International criminal law — Crimes against humanity — Nature and definition — Gravity — Treatment by national and international tribunals — Sentence

International criminal law — Sentence — Relevant considerations — International Criminal Tribunal for the Former Yugoslavia — Recourse to practice of the courts of the Former Yugoslavia — Nullum poena sine lege — Mitigating circumstances — Superior orders — Duress — Plea of guilty — Cooperation with the Tribunal — Place of sentence — State in which sentence to be served acting as agent of Tribunal

International criminal law — Defences — Duress — Extreme necessity — Superior orders — Whether superior orders ever a complete defence

War and armed conflict — War crimes and crimes against humanity — Massacre of large number of prisoners — Criminal responsibility of individuals involved — Member of firing squad pleading guilty to crime against humanity — Appropriate sentence

Belligerent Occupation — Legislative and Administrative Functions of the Occupant — State-Owned Railways Operating under Orders of Occupant — Civil Responsibility — Whether Attributable to Occupant — Effect of Armistice — The Law of Italy.

State immunity — Jurisdictional immunity — Action against foreign State — Procedure — Service of writ — Whether practicable to transmit writ through Ministry of Foreign Affairs — Conditions for service of writ by publication — Identity of defendant — Whether ambassador of foreign State a proper defendant — Action against the Union of Soviet Socialist Republics regarding Chernobyl accident

Diplomatic relations — Immunity — Diplomat — Ambassador — Action against foreign State — Whether ambassador a proper defendant

Jurisdiction — Territorial — Tort committed outside jurisdiction — Effects within jurisdiction — Burden of proof

Environment — Action against State regarding environmental damage — Chernobyl nuclear accident — The law of the Federal Republic of Germany

Belligerent Occupation — Administrative Functions of Occupant — Forced Sale of Private Property by Occupant — Sale to Municipality Created by Occupant — Whether Municipality as Originally Constituted Liable to Return Property after Departure of Occupant — The Law of France.

International Law — Relation to Municipal Law — Treaties — Applicability of Treaties Prior to Incorporation into Municipal Law — Retroactive Effect of Municipal Laws — Brussels Convention on Salvage of December 23, 1910

Prize Law — Indemnities and Damages — Contraband of War — Claims by Neutral Owners — Freight — Expenses — Agents’ Fees.

Jurisdiction — Extraterritorial Effect of Legislation — Bankruptcy — Service of Petition on Foreigner Abroad — Interpretation of Statutes — Whether to be Interpreted Differently in relation to Foreigners.

Sovereign immunity — Agencies or instrumentalities of foreign States — Waiver of immunity under the Foreign Sovereign Immunities Act 1976 — Whether Russian State-owned entities amenable to suit in United States courts under Section 1605 (a)(2) of the Act for allegedly tortious acts related to commercial activity taking place outside the United States — Whether such acts having “direct effect” in the United States — The law of the United States