Treaties — Interpretation of — Consideration of Preparatory Work — By Municipal Court — The Warsaw Convention of 1929.

Treaties — Operation of — Warsaw Convention of 1929 — Whether the Convention Creates of Itself a Right of Action.

Belligerent Occupation — Legislative and Administrative Functions of Occupant — Appointment and Replacement of Public Officials — Attribution of Additional Functions to Officials — Dictation of Terms of Contracts of Public Bodies — War — Recognition by Law of Occupied State — Legislation concerning Jurisdiction of Civil Courts — Legislation Regulating Commerce.

International criminal law — Crimes against humanity — Nature and definition — Gravity — Sentence — Comparison between crimes against humanity and war crimes — Defences — Duress — Whether duress available as a defence on a charge involving the killing of innocent persons — Massacre of prisoners — Requirements for defence of duress — Serious threat to life and limb — Moral choice — Proportionality — Whether crime would have been committed in any event — Whether duress confined to mitigation of sentence

International tribunals — International Criminal Tribunal for the Former Yugoslavia — Object and purpose — Procedure — Plea of guilty — Whether acceptable — Requirement that plea be voluntary, informed and unambiguous — Plea of guilty not to prejudice fundamental rights of the accused — Differences between International Criminal Tribunal and national courts — Extent of reference to national law — Common law on pleas of guilty — National laws on duress as a defence

Sources of international law — Custom — General principles of law recognized by civilized nations — Nature of reference to national law by international tribunal — Concepts of national law not transplanted in their entirety into international law — Sources of international criminal law

War and armed conflict — War crimes and crimes against humanity — Massacre of large number of prisoners — Criminal responsibility of individuals involved — Whether duress available as a defence — Appropriate sentence

Permanent Diplomatic Envoys — Privileges and Immunities — The Family.

International criminal law — Trial before an international tribunal — Guarantees of due process — Balance between interests of accused and protection of alleged victims and witnesses — Anonymity of witnesses and victims

International tribunals — International Criminal Tribunal for the Former Yugoslavia — Procedure and evidence — Guarantees of due process — Balance between right to fair and public hearing and need to protect witnesses and alleged victims

Sea — High seas — Piracy — Definition of crime of piracy — United States law defining piracy as defined by law of nations — Whether piracy narrowly defined as robbery at sea — Whether piracy encompassing violent conduct — Whether defendants guilty of crime of piracy under United States law — Whether defendants’ mandatory life sentences appropriate

Relationship of international law and municipal law — United States law incorporating law of nations in definition of crime of piracy — Interpretation of law of nations — Whether law of nations at time Congress passed United States law — Whether law of nations as evolved — Precedent — Alvarez-Machain — Treaties — Definition of piracy — Geneva Convention on the High Seas, 1958, Article 15 — United Nations Convention on the Law of the Sea, 1982, Article 101 — Customary international law — Intention of United States Congress — Whether defendants guilty of crime of piracy under United States law

Jurisdiction — Universal jurisdiction — Piracy — Universal jurisdiction crime — Whether United States Congress intending to define piracy as universal jurisdiction crime — The law of the United States

States as international persons — In general — Continuity of States — Armed rebellion and insurrection — Assertion of authority and control by insurgents over areas of State territory — Presence of UN forces — Non-functioning of courts established by constitution — Whether “doctrine of necessity” justifies departure from provisions of constitution — The law of Cyprus

State responsibility — Kinds of — Interference with property — Effect of devaluation of currency — Whether a "taking" of property — Whether currency obligations are "contractual".

International law in general — Relation to municipal law — Claim by French national for compensation from French State in respect of property looted following Agadir earthquake — Duty of protection of French nationals and their property abroad by diplomatic and consular services — Whether involving French Government's conduct of international relations — Whether justiciable by French administrative tribunals — Whether Morocco alone responsible for maintaining order — The law of France.

Jurisdiction — Foreign Armed Forces — Jurisdictional Immunity of — British Forces in Egypt — Anglo-Egyptian Convention of 1936 — Immunity from Taxation

Expropriation — Definition — Taking of property — Intangible assets — Liabilities owed to creditors of expropriated company — Whether constituting property — Whether non-payment constituting taking — Requirement that creditor’s rights be directly affected by expropriation of debtor’s assets — Discriminatory expropriation programme directed at United States nationals — Having intention and effect of depriving United States creditors of their property rights — Whether constituting a direct effect

Relationship of international law and municipal law — Act of State and justiciability — Principle that United States courts will not question validity of expropriation by foreign State of property within that State’s territory — Counterclaim exception — Requirements — Indication from executive that act of State doctrine inapplicable — Adjudication of dispute not affecting conduct of foreign relations — Counterclaim only asserted as set-off

Relationship of international law and municipal law — Customary international law — Application as part of United States law — Principles common to United States federal common law and international law

Economics, trade and finance — State contract — Discrimination — Assumption by State of liabilities of nationalized company — Repudiation of liabilities owed to foreign nationals — Whether constituting basis for cause of action — The law of the United States

International Court of Justice — Jurisdiction — Provisional measures — Prima facie basis for jurisdiction — Declarations under Article 36(2) of Statute of International Court of Justice — Condition of reciprocity — Temporal limitation — Convention on the Prevention and Punishment of the Crime of Genocide, 1948, Article IX — Whether threat or use of force against a State amounting to genocide — Whether necessary element of intent towards defined group — Whether Serbia and Montenegro party to the Genocide Convention at relevant date — Whether Genocide Convention a treaty in force under Article 35(2) of the Statute of the Court

Treaties — Application — Convention on the Prevention and Punishment of the Crime of Genocide, 1948 —Definition of genocide contained in Article II of Genocide Convention — Whether intended destruction of a national, ethnical, racial or religious group — Whether threat or use of force against a State constituting an act of genocide

International organizations — United Nations — Membership — Yugoslavia — Status of Yugoslavia between 1992 and 2000 — Whether Member of the United Nations — Whether party to Statute of International Court of Justice — Whether Yugoslavia having access to Court under Article 35(1) of Statute — Whether Yugoslavia having access to Court under Article 35(2) of Statute

State succession — Succession and continuity of States — Socialist Federal Republic of Yugoslavia — Whether Serbia and Montenegro continuation of the former Socialist Federal Republic of Yugoslavia — Membership of the United Nations — Whether Yugoslavia party to Statute of International Court of Justice— Treaty obligations of the former Yugoslavia

War and armed conflict — NATO bombing of Yugoslavia — NATO Respondent States claiming humanitarian intervention — Loss of life and suffering in Kosovo — Whether NATO Respondent States violating obligation not to use force — Maintenance of peace and security — Role of Security Council — Responsibilities of Court under United Nations Charter and Statute of Court — Obligations of Parties under Charter and other rules of international law including humanitarian law

Sources — Customary international law — Equity and equitable principles — Ex aequo et bono distinguished — Equity within the law — Delimitation of the continental shelf — Relevant factors

State territory — Parts of — Boundaries — Water boundaries — Boundary of continental shelf — Delimitation between opposite States — Equitable principles — Equidistance — Islands — Variable weight of — Geneva Convention on the Continental Shelf 1958, Article 6

State territory — Parts of — Territorial waters — Delimitation — Baselines — Whether rocks covered only at high water equinoctial springs are islands or low — tide elevations — Practice of the parties — Eddystone Rock

Treaties — Operation of — Reservations — Refusal by one party to accept reservations of another — Whether affecting treaty as a whole or only provisions to which reservation relates — Effect of express treaty provision covering reservations — Intention of State making the reservation — Interpretation of reservations — Distinction between a reservation and an interpretation — Geneva Convention on the Continental Shelf 1958, Articles 6 and 12

Arbitration — Procedure — Competence to determine jurisdiction — Delimitation of continental shelf — Whether extending to areas within territorial sea of parties

State territory — Parts of — Continental shelf — Extent of Boundaries — Delimitation — Opposite and adjacent States — Equitable principles — Relation to concepts of equidistance and of median line — Special circumstances — Geographical and geological considerations — Proportionality — Proximity — Natural prolongation — Islands — Whether generating their own shelves — The Channel Islands — Eddystone Rocks — The Scilly Islands — Ushant — Whether full weight to be given to them — Effect of geological features — The Hurd Deep — Position of States not parties to the arbitration

Prize Law — Procedure — Requisition of Enemy Vessels Pending Prize Proceedings — Conditions of — Rule in The Zamora.

International organization — Officials — Immunity of — Waiver by Director-General — Whether within jurisdiction of I.L.O. Administrative Tribunal — Whether official entitled to “diplomatic protection”.

State responsibility — For breaches of contractual obligations — Refusal to appoint arbitrator — Sovereign immunity as defence to breach of obligation to appoint arbitrator — Restrictive theory of sovereign immunity — The law of the United States of America.

Relationship of International Law and Municipal Law — Treaties — Effect of treaty on interpretation of statute — Administrative law — Effect of treaty on exercise of discretionary powers — Immigration — Deportation of parent with Canadian-born dependent children — Status of ratified but unincorporated treaties in Canadian law — Convention on the Rights of the Child — Effect on municipal law — Whether Convention created legitimate expectation that best interests of Canadian child a primary consideration — Object and purpose of international and domestic legislation safeguarding rights and interests of children — Whether immigration officers having to take best interests of Canadian children as a primary consideration — The law of Canada

International law in general — Sources — Customary international law — Sovereign immunity — Principle of immunity of embassy funds from enforcement jurisdiction of receiving State — Decision of German Constitutional Court as evidence of customary international law — The law of England

International law in genera — Relation to municipal law — Sovereign immunity — Immunity from execution — Bank accounts in name of embassy — Construction of English legislation — State Immunity Act 1978 — Whether permissible to construe Act against background of principles of intemational law — Whether recourse to intemational law always permissible where municipal legislation applies to interState relations or only in the event of ambiguity in municipal legislation — Relevance of intemational customary and treaty law — Principle of customary law derived from accepted practice as evidenced by judicial decisions in other jurisdiction — Vienna Convention on Diplomatic Relations, 1961 — The law of England

States as international persons — In general — Sovereignty and independence — In foreign relations — Soverign immunity — Immunity from enforcement — Funds belonging to Republic of Colombia in London bank accounts — Certificate by Ambassador that funds in use for non-commercial purposes of meeting day to day running costs of Embassy — whether purpose commercial — State Immunity Act 1978 — Principles of international customary and treaty law on immunity from enforcement jurisdiction — The law of England

Diplomatic and consular intercourse and privileges — Permanent diplomatic envoys — Privileges and immunities of — Diplomatic envoys and their staff — Immunity from execution of embassy property — Bank account in name of embassy — Funds used for meeting running expenses of embassy — Whether funds in use for commercial purposes — Duty of receiving State to accord full facilities for functioning of diplomatic mission — State Immunity Act 1978 — The law of England

Jurisdiction — In general — Territorial — Exemptions from and restrictions upon — Foreign States — Sovereign immunity — Immunity from execution — Judgment creditor seeking to levy execution against foreign State by attachment of funds in foreign State's bank account in London — Whether permissible for English courts to exercise enforcement jurisdiction in this manner — State Immunity Act 1978 — Sections 3, 13 and 17 — Certificate of Ambassador stating that funds in question were in use for non-commercial purposes of meeting “expenditure necessarily incurred in the day to day running of the Diplomatic Mission” — Meaning of “commercial” — Relevance of principles of international law in construction of municipal legislation — Customary and treaty law on immunity of sending State from enforcement jurisdiction of receiving State — Vienna Convention on Diplomatic Relations, 1961 — Onus of proving property in use for commercial purposes — Evidential weight of certificate of head of diplomatic mission — The law of England

Diplomatic relations — Diplomatic protection — Whether Government required to make representations to foreign State — Whether duty to intervene with foreign State in case of torture — Whether diplomatic protection extending to refugees and other non-nationals — International Law Commission Draft Articles on Diplomatic Protection, 2006 — Whether reflecting current international law — Right of one Party to the Refugee Convention to make representations to another Party

Human rights — Torture — Jus cogens nature of prohibition of torture — Erga omnes obligation — Whether requiring State to intervene with other State accused of torture — Family life — Rights of relatives in the United Kingdom of detainees held at Guantanamo Bay by the United States — Whether giving rise to duty for United Kingdom to make representations to the United States

Human rights — Discrimination — Race discrimination — Distinction between nationals and non-nationals — Exercise of diplomatic protection — Whether objective difference between national and non-national in this context — Refusal to make same representations on behalf of non-national granted asylum as had been made on behalf of national in otherwise similar circumstances — Whether discriminatory

Relationship of international law and municipal law — Conduct of foreign relations — Whether justiciable in municipal court — The law of England

Jurisdiction — Territorial — Exemptions from — Property of foreign State — Embassy premises — Meaning of “exterritoriality” — Whether local law applicable to local nationals employed in foreign embassy — The law of Austria.

Diplomatic envoys — Privileges and immunities of — Subordinate members of diplomatic staft — Nationals of receiving State in employment of foreign Embassy — Whether such nationals exempt from contributions to national insurance funds of receiving State — The law of Austria.

Diplomatic envoys — Privileges and immunities of — Official residence of diplomatic envoy — Embassy premises — Meaning of “exterritoriality” — Whether local social security laws applicable to local nationals employed in foreign embassy — The law of Austria.