Relationship of international law and municipal law — Treaties — European Convention on Human Rights incorporated by domestic legislation — Domestic legislation not yet in force — Whether legitimate expectation that consent would not be given to prosecutions incompatible with Convention rights pending coming into force of domestic legislation — Whether judicial review available of decision to give such consent

Human rights — Due process — Criminal trial — Whether reverse legal burdens compatible with rights under European Convention on Human Rights — The law of England

International Law — Sources of — Custom — Requirements for Formation of Custom.

States — Protected States — Position in International Law.

States — Protected State — Obligation of Equality of Treatment — Whether Protecting State Entitled to Preferential Treatment.

Aliens — Equality of Treatment — Most-Favoured-Nation Clause — Protected and Protecting States — Method of Assessing Customs Duties.

Treaties — Interpretation of — Most-Favoured-Nation Clause.

Jurisdiction — Extra-territorial Consular Jurisdiction — Capitulatory Régime — Equality of Treatment — Capitulatory Régime in Protected States — Equality of Treatment in Relation to Protecting States — Status of Protectorate as a Subject of International Law — Most-favoured-nation Clause — Operation in Relation to Capitulatory Régime — Acquisition of Capitulatory Rights by Custom — Requirements of Custom as a Source of International Law — Right of Assent to Legislation in Capitulatory Régime — Capitulatory Régime and Immunity from Taxation — Equality of Treatment and Method of Assessment of Customs Duties.

State responsibility — Claims — Miscellaneous — Municipal claims commissions — Law applied by — United States Foreign Claims Settlement Commission — Application of equity and justice.

State responsibility — Kinds of — For taking of, or interference with, property — Annulment of insurance contracts — Suits by policy-holders against insurance company based on annulled contracts — Subsequent claim by insurance company against Government which annulled contracts for recovery of legal fees and expenses connected with such suits — United States International Claims Settlement Act, 1949, Section 305 (a) (2) — Whether claim compensable under that section — Valuation of company's business — Offset — Reduction of liabilities by amount paid by company in settlement of such suits and for claims on annulled policies — Application of equity and justice by United States Foreign Claims Settlement Commission.

Recognition — Governments — Effect of recognition — Effects in law of recognizing State — Right of access to municipal courts — Power of municipal courts to withhold access — Subsequent deterioration in diplomatic relations — Whether constituting grounds for withholding of access — Government of Libya — Whether permitted to enforce arbitral award in United States municipal courts — Significance of needs of Executive in conduct of foreign relations

Arbitration — Enforcement of award — Award rendered abroad — Action for enforcement in municipal courts — New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958, Article V — Conditions for refusal of enforcement — Burden of proof — Post-award interest — Whether enforceable — Application of equitable principles

Claims — State control over claims — United States International Emergency Economic Powers Act — Regulations issued by President limiting Libyan Government’s access to municipal courts — Whether President having power to bar Libyan State corporation from enforcing arbitral award in United States courts

Economics, trade and finance — Economic sanctions — United States International Emergency Economic Powers Act — Regulations applying economic sanctions against Libya — Regulations limiting Libyan Government’s access to municipal courts

Relationship of international law and municipal law — Conduct of foreign relations — Recognition of foreign Governments — Conclusiveness of recognition by the Executive — Political question doctrine — The law of the United States

War — Effects of — Procedural Capacity of Alien Enemies — Right to Sue.

State Responsibility — For Breaches of Contractual Obligations — Obligation of one State to Obey Orders of another State as Defence to Breach of Contract — Norwegian Government-in -Exile in the United States of America during the Second World War — Compliance with Request by an Authority of the United States — Frustration of Contract

International Law and Municipal Law — Treaties as Supreme Law of the Land — United States of America.

Conclusiveness of Certificate of State Department — Diplomatic Privileges and Immunities — Officials of the United Nations.

United Nations — Legal Personality of — Charter of the United Nations.

Diplomatic Privileges and Immunities — Officials of United Nations — Conclusiveness of Certificate of State Department — United Nations — Legal Personality of — Charter of the United Nations — International Law and Municipal Law — Treaties as Supreme Law of the Land in United States.

Human rights — State responsibility — Responsibility for securing the rights and freedoms under a convention to persons within the jurisdiction of the State — Concept of jurisdiction — Whether limited to the territory of the State — State exercising effective control over area outside its territory as a result of military action — Whether violations of human rights in that area imputable to the State — Whether relevant that State exercises control through local authorities — Cyprus — Turkish occupation of northern Cyprus — Whether northern Cyprus within jurisdiction of Turkey for purposes of European Convention on Human Rights, 1950, Article 1

Human rights — Right to property — Continuing violation — Denial of access to property — Purported expropriation by unrecognized entity — Whether deprivation of property — Whether interference with peaceful enjoyment of possessions — European Convention on Human Rights, First Protocol, Article 1 — Right to respect for home — Denial of access to land on which applicant intended to build home — Whether a violation of European Convention on Human Rights, 1950, Article 8

International organizations — United Nations — Security Council — Effect of resolutions — Resolutions not adopted under Chapter VII of United Nations Charter — Resolutions 541 (1983) and 550 (1984) on invalidity of establishment of Turkish Republic of Northern Cyprus — Effects — United Nations buffer zone in Cyprus

International tribunals — Jurisdiction — European Court of Human Rights — European Convention on Human Rights, 1950, Article 46 — Limitation ratione temporis

Recognition — States — Effects of non-recognition — Turkish Republic of Northern Cyprus (“TRNC”) — Whether a State — Whether effect to be given to acts of TRNC — Purported expropriation of property by TRNC — Whether affecting ownership

State responsibility — Imputability — Whether acts of separate entity imputable to State — Degree of overall control required — Turkish Republic of Northern Cyprus — Whether controlled by Turkey — Whether acts imputable to Turkey

States — Existence of State — Entity not recognized by international community, with exception of one State — Whether unrecognized entity a State

War and armed conflict — Legality of resort to force — Turkish intervention in Cyprus in 1974 — Whether lawful — Occupation — Concept of occupation — Intervening forces remaining after establishment of local administration

Human rights — Privacy — Right to respect for private life — Sexual privacy — Discrimination — Administrative discharge of applicants from armed forces on ground of homosexual orientation — Government policy banning homosexuals from serving in armed forces — Exercise of prerogative power — Defence of the realm — Applicants challenging legality of discharges — Whether challenge justiciable — Whether policy irrational — Public interest of effective fighting force — Grave assault on human rights — Balance of interests — Whether decision of Minister outrageously defying logic or accepted moral standards — Whether policy lawful

Relationship of international law and municipal law — European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950 — Article 8 — Right to respect for private and family life — Whether Convention part of domestic law of England — Whether applicable — Equal Treatment Directive — Direct effect under European Community law — Distinction between gender and sex discrimination — Whether applicable — The law of England

Arbitration — Jurisdiction — Dispute concerning coastal State rights in Black Sea, Sea of Azov and Kerch Strait — Ukraine instituting proceedings against Russian Federation under Annex VII of United Nations Convention on the Law of the Sea, 1982 — Ukraine alleging unauthorized activities of Russian Federation violating its rights under Convention — Whether Tribunal having jurisdiction — Basis of Tribunal’s jurisdiction — Whether Tribunal having jurisdiction to rule on sovereignty over Crimea — Legal status of Crimea — Objection that Tribunal having no jurisdiction over Ukraine’s claims concerning activities in Sea of Azov and Kerch Strait — Whether objection possessing exclusively preliminary character — Objection that Tribunal having no jurisdiction in light of Parties’ declarations under Article 298(1) of Convention — Objection that Tribunal having no jurisdiction over fisheries claims in light of Article 297(3)(a) of Convention — Objection that Tribunal having no jurisdiction over fisheries, protection and preservation of the marine environment, and navigation in light of Annex VIII to Convention — Objection that Tribunal having no jurisdiction pursuant to Article 281 of Convention — Whether Tribunal having jurisdiction in light of Parties’ declarations under Article 298(1) of Convention — Exceptions — Military activities — Law enforcement — Delimitation — Historic bays or titles

Treaties — United Nations Convention on the Law of the Sea, 1982 — Interpretation — Application — Article 288(1) — Tribunal constituted under Annex VII of Convention — Scope of jurisdiction of Tribunal — Dispute between Parties — Whether dispute concerning interpretation or application of Convention falling within jurisdiction of court or tribunal under Article 288(1) — Whether Tribunal having jurisdiction over Ukraine’s sovereignty claim

Territory — Sovereignty — Crimea — Legal status — Russian Federation recognizing Ukraine’s sovereignty over Crimea before March 2014 — Events in 2014 — Russian Federation claiming sovereignty over Crimea after March 2014 — Opposing views of Parties on sovereignty over Crimea — Question as to whether Russian Federation or Ukraine having sovereignty over Crimea — Whether prerequisite for decision of Tribunal on Ukraine’s claims under United Nations Convention on the Law of the Sea, 1982 — Whether Russian Federation or Ukraine coastal State for purposes of Convention — Whether sovereignty dispute over Crimea existing vel non — Whether ancillary to maritime dispute brought by Ukraine — Russian Federation’s claim that legal status of Crimea altered — Whether Russian Federation’s claim of sovereignty admissible — Principle of non-recognition — Article 41 of International Law Commission’s Articles on State Responsibility — United Nations General Assembly resolutions — Principles of good faith and estoppel — Whether Tribunal having jurisdiction over Ukraine’s sovereignty claim

International organizations — United Nations — General Assembly — Resolutions — Legal effect and meaning — Interpretation — Relevance — Customary international law — Factual and legal determinations made in resolutions — Effect and weight — Content, conditions and context of adoption of resolutions — Whether Tribunal having power to interpret texts of international organizations — Whether recognizing objective fact of existence of dispute over Crimea contravening resolutions — Whether Tribunal having jurisdiction over claims of sovereignty over Crimea

Sea — Maritime zones — Entitlements — Exclusive economic zone — Entitlements to maritime zones generated by Crimean coast — Overlapping entitlements — Whether determination possible — Jurisdiction of Tribunal to make determination in respect of dispute or on coastal State — Question of sovereignty over Crimea — Jurisdiction of Tribunal

Treaties — Application — United Nations Convention on the Law of the Sea, 1982 — Coastal State rights — Crimean peninsula — Ukraine instituting proceedings under Annex VII to Convention — Scope of Convention — Dispute concerning coastal State rights in Black Sea, Sea of Azov and Kerch Strait — Claims under Convention — Ukraine claiming that Russian Federation violating its rights under Convention — Determination of coastal State necessary for purposes of Convention — Question as to whether Ukraine or Russian Federation having sovereignty over Crimea — Whether determination prerequisite for determining significant part of Ukraine’s claims — Whether Tribunal having jurisdiction over Ukraine’s sovereignty claim — Jurisdiction of Tribunal

Treaties — United Nations Convention on the Law of the Sea, 1982 — Scope — Sea of Azov and Kerch Strait — Status — Parties agreeing internal waters of Union of Soviet Socialist Republics prior to dissolution — Disagreement as to status thereafter — Legal regime — Historic title — Whether questions for merits phase — Whether outside scope of Convention if underlying events occurring in internal waters — Whether issue regulated by Convention — Whether pertaining to interpretation and application of Convention — Whether Tribunal having jurisdiction over Ukraine’s claims concerning activities in the Sea of Azov and in the Kerch Strait — Whether objection of Russian Federation possessing exclusively preliminary character

Treaties — Interpretation — State Border Treaty, Article 5 — Azov/Kerch Cooperation Treaty, Article 1 — Textual interpretation — Context — Negotiating history — Whether Article 4 of Azov/Kerch Cooperation Treaty excluding jurisdiction of Tribunal — Whether Articles 1 and 5 dispute settlement clauses within meaning of Article 281 of United Nations Convention on the Law of the Sea, 1982 — Whether Tribunal having jurisdiction over dispute

War — Effects of outbreak of — Trading with the enemy — Vesting of funds in United States — Whether alien refugee who is sole shareholder of corporation organized in enemy country has requisite interest under municipal statute in claiming vested assets of corporation after its liquidation — The law of the United States of America.

State Succession — International Convention — Parties to Treaties — Poland as Successor to Austria in Treaties between Austria-Hungary and Russia.

Air — Crimes against aircraft — Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, 1971 — Whether applicable to allegations of State terrorism — System of aut dedere aut punire — Lockerbie bombing

Extradition — General principles — Whether State under a duty to extradite in the absence of an extradition treaty — Anti-terrorist conventions — Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, 1971 — Extradition provisions — Whether creating duty to extradite — Whether State required to extradite own nationals

International Court of Justice — Provisional measures of protection — Grounds for indication of provisional measures — Requirement that Court’s jurisdiction be established prima facie — Protection of the rights claimed by the Applicant — Whether rights illusory — Whether measures may be indicated solely to prevent extension or aggravation of dispute — Indication of provisional measures by Court proprio motu — Relationship between Court and Security Council — Matter before both Court and Security Council — Duties of both organs — Security Council adopting binding resolution in respect of matter pending before Court — Whether Court possessing powers of judicial review — Whether resolution to be presumed valid at provisional measures stage — Procedure — Court conducting hearings on request for provisional measures — Security Council adopting binding resolution after close of hearings but before Court rules on request

Jurisdiction — Territorial — Bomb exploding on airliner — Jurisdiction of State over whose territory explosion occurred — Jurisdiction of State in which aircraft registered — Suspects located in third State — Suspects nationals of third State — Whether third State entitled to exercise jurisdiction

International organizations — United Nations — Security Council — Powers to maintain international peace and security — United Nations Charter, 1945, Chapter VII — Power to characterize situation as a threat to international peace and security — Acts of terrorism — Power to require State to take specified actions — Demand for surrender of terrorist suspects — Whether within powers of the Council — Limits on the powers of the Council — Whether Council required to observe rules of general international law — Whether International Court of Justice entitled to determine validity of Security Council resolutions — Binding nature of Security Council resolutions — United Nations Charter, Article 25 — Which resolutions of Council are binding — Difference between resolutions adopted under Chapter VI and Chapter VII of the Charter — Effect of binding resolution on rights and obligations arising under other international agreements and under customary law — United Nations Charter, Article 103 — Relationship between Security Council and International Court of Justice

Treaties — Operation and enforcement of — Necessity for municipal legislation — United States-Cuba Treaty of 1958 — Whether self-executing — Whether superseding state regulatory statute — The law of the United States of America.

Treaties — Effect in municipal law — Agreements between the European Economic Community and third States — Direct effect of provisions — Conditions — EEC-Portugal Free Trade Agreement, 1972 — Article 21(2) — Whether containing unconditional and precise obligation — Whether creating directly enforceable rights for individuals

Treaties — Principles and rules of interpretation — Requirement of uniform application by contracting parties — Free trade agreements between EEC and third States — Role of Court of Justice of the European Communities in interpreting agreements so as to ensure uniform application — Object and purpose of such agreements — Comparison with analogous provisions of EEC Treaty, 1957 — Whether legitimate method of interpretation where objectives of treaties are different

Treaties — Application — Obligation of good faith performance — Requirement of reciprocity — Duty of parties to take appropriate measures for full execution of their commitments — Failure of courts of one party to recognize direct effect of some provisions of Agreement when such recognition is given by courts of other party — Whether constituting lack of reciprocity — Establishment of special institutional framework for implementation of Agreement — Whether excluding judicial interpretation and application

Relationship of international law and municipal law — Treaties — Agreement between EEC and non-member State — Effects in law of Member States of EEC

International organizations — EEC — Institutions — Powers — Treaty-making power — Agreements concluded by Community institutions with third States — Scope of obligation of Member States to enforce such agreements — Court of Justice of the European Communities — Interpretation of agreements — Role of Court of Justice in ensuring uniform application of agreements throughout the Community

Economics, trade and finance — Taxation — Trade between European Community and third States — Free trade agreements — Rule against tax discrimination in respect of imported products — Conditions for discrimination — Similar national products actually enjoying tax benefit — Definition of similar products — The law of the European Economic Community

State immunity — Jurisdictional immunity — Separate entity — Commercial activity — United Kingdom State Immunity Act 1978, Sections 3 and 14 — Whether act performed jure imperii — Nature, not purpose, of act decisive — Definition of relevant act — Invasion of Kuwait and seizure of aircraft at Kuwait airport by Republic of Iraq — Sovereign act — Removal of aircraft by Iraqi Airways Company (“IAC”) — Iraqi legislation vesting title to aircraft in IAC — Subsequent operation by IAC in commercial services — Whether acts of IAC governmental in character — Distinction between acts before and after vesting of title

State immunity — Jurisdictional immunity — Foreign State — Service of writ — United Kingdom State Immunity Act 1978, Section 12(1) — Requirement that writ be served on Foreign Ministry of defendant State — Whether service on embassy with request for transmission to Foreign Ministry sufficient — Impossibility of service on Foreign Ministry as United Kingdom not represented in foreign capital at relevant time

International organizations — United Nations — Security Council — Decisions under Chapter VII of the Charter — Effects in municipal law — Resolution 687(1991) — Establishment of United Nations Compensation Commission to determine claims against Iraq arising out of invasion of Kuwait — Effect upon jurisdiction of national courts

War and armed conflict — Occupation — Seizure of property — Seizure of Kuwaiti aircraft by Iraq following invasion of Kuwait — Whether attracting sovereign immunity — Whether justiciable — Effect of transfer of aircraft to Iraqi State airline — The law of England

Restrictions on Right of Capture — Enemy Merchant Ships in Belligerent's Port at Outbreak of War — Seizure by State Not Party to Hague Convention VI — Effect of on Title to Ship.

Treaties — Interpretation — Principles of interpretation — Application by municipal courts — Plain meaning of treaty provision — Objects and purposes of treaty — Intention of the parties — Statements by parties to treaty regarding intention — Whether conclusive — Japan-United States Friendship, Commerce and Navigation Treaty, 1953

Economics, trade and finance — Bilateral commercial treaties — Purposes — Distinction between national treatment and most favoured nation treatment — Japan-United States Friendship, Commerce and Navigation Treaty, 1953 — The law of the United States

War — In general — Effects of outbreak of war — On enemy subject with regard to property — Trade-mark — In gross or as appurtenant to business — Trading with the enemy — The law of the United States of America.

Case No. 124War — Meaning of — Fire Insurance Policy — Fires “Caused by War”.