Arbitration — Jurisdiction — Bilateral investment treaty — Treaty between two Member States of the European Union — Whether provision for investor–State arbitration compatible with European Union law — Applicable law — Whether including European Union law — Nature of arbitration tribunal — Relationship with national courts and with Court of Justice of the European Union

Economics, trade and finance — Investment — Bilateral investment treaty — Treaty between two Member States of the European Union — Arbitration provision — Whether provision for arbitration of investor–State dispute compatible with European Union law

Treaties — Bilateral investment treaty — Agreement on Encouragement and Reciprocal Protection of Investments between the Kingdom of the Netherlands and the Czech and Slovak Federal Republic, 1991 — Whether investor–State dispute resolution provision providing for arbitration compatible with Treaty on the Functioning of the European Union, 2007

Relationship of international law and municipal law — European Union law — Double nature of European Union law as part of the law in force in every Member State and as deriving from an international agreement between the Member States — Relationship between rights accorded to investors under bilateral investment treaty and principles of European Union law — The law of the European Union

Conclusiveness of the Statements of the Crown — Existence of a State of War.

War — Definition and Technical Meaning of War — Charterparty — Liberty to Cancel Charterparty if “war breaks out” — Interpretation of — Conclusiveness of Statements of the Executive

Expropriation — Taking of property — Breaches of contractual obligations — Contract between State and foreign company — Repudiation by State of its contractual obligations — Confiscation of property without proper notice — Proper law of agreement — Law of contracting State to be supplemented by international law — Convention for the Settlement of Investment Disputes between States and Nationals of Other States, 1965

Damages — For expropriation — Measure of damages — Damnum emergens and lucrum cessans — Amounts invested and lost due to confiscation — Loss of profits — Costs and expenses incurred

Arbitration — Arbitration between State and foreign company — ICSID arbitration — Jurisdiction of tribunal — Procedure in default of appearance by State — Applicable law

Conclusiveness of statements of the Executive States as international persons — In general — Sovereignty and independence — Conduct of foreign relations — Conclusiveness of statements of the Executive — Sovereign immunity — Refusal of State Department to indicate immunity — Whether binding upon courts — The law of the United States

Jurisdiction — In general — Territorial — Exemptions from and restrictions upon territorial jurisdiction — Foreign States — Doctrine of sovereign immunity — Relationship to act of State doctrine — Central bank — Acts of bank regarded as commercial — Sovereign immunity not applicable — Whether act of State available as a defence — The law of the United States

State responsibility — Nature and kinds of — For taking of, or interference with, property — Currency regulation — Cuba — Right of foreign investors to convert proceeds of investment into foreign currency — Certificates promising to pay foreign currency on presentation of equivalent amount in Cuban currency — Suspension of all payment under such certificates — Whether equivalent to confiscation of property rights — Whether contrary to international law — The law of the United States

States as international persons — In general — Recognition of acts of foreign States and governments — Act of State doctrine — Scope and application — What constitutes act of State — Whether relevant that foreign sovereign has violated its own laws — Hickenlooper Amendment to United States Foreign Assistance Act 1964 — Scope — Whether limited to cases involving confiscation of property rights — Currency regulations — Cuba — Decision to suspend processing of certificates promising to convert Cuban currency into United States dollars — Whether equivalent to a confiscation of property — Nature of rights under such certificates — Sovereign immunity — Restrictive theory — Role of State Department — The law of the United States

Treaties — Operation of — Buganda Agreement, 1955 — Interpretation of municipal legislation giving effect to Treaty — The law of Uganda.

International law — Relation to municipal law — " Law of nations" defined — Municipal statute conferring jurisdiction upon federal courts in actions by aliens for torts committed in violation of law of nations — Action by alien seeking custody of daughter from divorced wife — The law of nations as understood by courts in United States of America.

States as international persons — Composite and dependent States and territories — Dependent States — Colonies — Belgian Congo — Whether sharing jurisdictional immunity of Belgian State — Whether Belgian legislation providing for separate legal personality of Belgian Congo should be applied — The law of France.

State territory — In general — Acquisition of territorial sovereignty — Cession — Cession of Congo to Belgium in 1907 — Belgian legislation providing for separate legal personality of Belgian Congo — Whether Belgian Congo shared jurisdictional immunities of Belgian State — The law of France.

Jurisdiction — Territorial — Exemptions from and restrictions upon — Foreign States — Colonies — Belgian Congo — Whether sharing jurisdictional immunity of Belgian State — Whether Belgian legislation providing for separate legal personality of Belgian Congo must be applied — The law of France.

State Territory–Extension of–Vessels as National Territory–Trade–Marks–Use of Trade–Marks on National Ships in Foreign Port.

Human rights — Right to strike in public service — Treaty of Versailles, 1919, Part XIII — International Labour Organization Convention Concerning Freedom of Association and Protection of the Right to Organize, 1948 — Universal Declaration of Human Rights, 1948 — International Covenant on Economic, Social and Cultural Rights, 1966 — Alberta statute prohibiting strikes by employees in public service — Whether contrary to Canada’s international legal obligations — Public Service Employee Relations Act 1977

Sources of international law — Customary international law — Treaties — Custom as evidence of general practice — International conventions establishing rules expressly recognized by contesting States — Right to strike ensured to all employees including public employees except in essential services — Whether part of customary international law — Whether conventional international law — Treaty of Versailles, 1919, Part XIII — International Labour Organization Convention concerning Freedom of Association and Protection of the Right to Organize, 1948 — Universal Declaration of Human Rights, 1948 — United Nations Covenant on Economic, Social and Cultural Rights, 1966 — The law of Canada

Dual nationality — Voluntary resumption by Israel national of former German nationality — Taking out of licence to practise as advocate in Israel and in Germany — Offences against German fiscal laws — Public policy.

Diplomatic and consular intercourse — Miscellaneous — Meaning of “diplomatic or consular representative of a foreign State” — Status of Israel Purchasing Mission in Cologne — Whether appropriate organ for transmission of request for judicial assistance in absence of diplomatic or consular relations — The law of Israel.

Recognition — Of States — Implied recognition — Effect of conclusion of bilateral agreement on reparation — Whether constituting mutual recognition — Agreement between Israel and Federal Republic of Germany concerning Reparation, 1952 — The law of Israel.

Protectorates — Position of Morocco — Nationality — Acquisition of — Military Service.

Diplomatic relations — Diplomatic protection — Appellants requesting diplomatic protection from Government of South Africa against Government of Lesotho — Whether State having obligation to provide diplomatic protection — Position under international law — Whether South Africa entitled to afford appellants diplomatic protection — Whether appellants having right to diplomatic protection under South African law — South African Constitution — Responsibility of executive for conducting foreign relations — Discretion of executive with respect to diplomatic relations — Principle of equal sovereignty of States — Policy considerations — Lesotho cancelling and revoking mining leases without payment of compensation — Whether international delict — Whether violating international minimum standards — Whether expropriation — Nationality requirement — Exhaustion of local remedies requirement — Whether claim admissible before international tribunal

Nationality — Diplomatic protection — Nationality requirement for international delict — Whether nationality rule disqualifying South African Government from affording diplomatic protection to appellants — Continuous nationality rule

Claims — Exhaustion of local remedies — Diplomatic protection — Exhaustion of local remedies rule for international delict — Whether exhaustion of local remedies rule disqualifying South African Government from affording diplomatic protection to appellants — Whether Lesotho courts rectifying wrongs

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

Aliens — Treatment of — Property of Aliens — Payments under Life Insurance Policies Alien Beneficiaries Resident Abroad — Alleged Inability to Receive, Control and Enjoy Payments — Beneficiaries of American Insurance Policies Resident in Country under Alleged Communist Regime — Deposit

Territory — Boundaries — Principles of delimitation — Delimitation by treaty — Treaty referring to boundary lines in other international instruments — Instruments referred to not binding on one of the parties to the treaty — Whether treaty establishing boundary by reference to other instruments — Principle of stability of boundaries — Treaty of limited duration — Whether boundary established by treaty also of limited duration — Colonial boundaries — Principle of uti possidetis — Application in Africa — Conduct — Estoppel, acquiescence and protest

Treaties — Interpretation — Principles of interpretation — Emphasis on text in context — Object and purpose of agreement — Reference to travaux préparatoires — Whether necessary where textual analysis yields unambiguous meaning — Subsequent conduct of the parties — Effectiveness — Good faith

Treaties — Termination — Treaty of limited duration — Period of treaty's duration coming to an end — Effect on boundary established by treaty

State succession — Treaties — General principles — Boundary treaties — Treaty concluded by Libya after independence referring to treaties concluded between colonial powers at earlier date

Court of Justice of European Coal and Steel Community — Procedure — Barristers and advocates — Capacity to appear before Court after being prohibited from practising in national State — Effect of prohibition on validity of prior acts by barrister connected with action before the Court.

Procedure — Request for injunction — Time for making request — Effect of principal action being out of time — Rules of Court, Article 83.

Capacity of parties — Capacity of unincorporated firm to proceed against application to it of trade regulations alleged to be in breach of Treaty establishing Community — Necessity for plaintiff to have status of “producer ” — Effect of Article 80 equating distributing organization with producers for purposes of certain appeals to Court — Whether Article 80 aplicable to actions based upon indirect effects of Articles 65 and 66.

Capacity of parties — Company in liquidation — Law governing legal status and capacity of company — Law applied by Court in determining locus standi of representative of company before it.

International organization — European Coal and Steel Community — Decisions of High Authority — Grounds for grant by Court of suspension of application of decisions — Treaty establishing Community, Article 33 — Distinction between individual and general decisions — Decisions authorizing trade regulations — Retention of private law character of such trade regulations — Decisions indirectly affecting legal validity of actions by individual enterprises — Whether decisions general or individual — Whether decision which is individual with regard to enterprise to which addressed may also be general with regard to third parties — Decision amounting to discrimination against third parties — Violation of Treaty, Articles 15 and 65 (2) — Relevance of alleged violation of Federal German Constitution — Détournement de pouvoir — Violation of substantial procedural requirement — Purpose of obligation of High Authority under Article 15 to give reasons for decisions — Whether Court of Community may consider ex propria motu possible failure to give reasons — Whether insufficient reasons equivalent to absence of reasons for purposes of Articles 15.

Responsibility of States — Acts of Officials outside the Scope of their Competence — Subsequent Tacit Ratification.

Jurisdiction — Territorial limits of — Whether foreign judgment for taxes enforceable in Canada — The law of Canada.

Relationship of international law and municipal law — Treaties — Aid to interpretation of national legislation — When recourse to treaty permissible — Requirement of ambiguity in national legislation

Air — Airports — Operation of — Landing rights — Chicago Convention on International Civil Aviation, 1944 — Whether conferring upon airlines of one Contracting State the right to land at an airport in another Contracting State — Fees payable for landing — Whether Convention confers right to land notwithstanding non-payment of fees — The law of England

War — Enemy Character — Of Individuals — Persons in Occupied Enemy Territory after Termination of Hostilities — Citizen Resident in Enemy Territory — Right to Sue.

Treaties — Execution of — Cases in which the Performance of the Treaty by the Other Party is Doubtful — The Function of Courts as Distinguished from that of the Political Departments.