International officials — Claims against officials' organization — Time-limits for bringing claims — Dismissal for misconduct — Conviction by local criminal court — Effect of local amnesty.

Jurisdiction — Extraterritorial jurisdiction — Moroccan applicants complaining that cartoons published in Danish newspaper offensive — Whether discriminatory against applicants as Muslims — Moroccan applicants complaining that Denmark violating their rights under Articles 9 and 14, and 10 and 17 of European Convention on Human Rights, 1950 — Whether applicants within jurisdiction of Denmark within meaning of Article 1 of Convention — Interpretation of Article 1 — Concept of jurisdiction — Meaning of “within their jurisdiction” in public international law — Whether jurisdictional link between any of Moroccan applicants and Denmark — Whether exceptions applicable — Whether any extraterritorial act — Whether applicants’ complaints admissible under Article 35 of Convention

Human rights — Human rights treaties — Nature and scope — European Convention on Human Rights, 1950 — Article 1 — Interpretation — Duty of Contracting States to secure Convention rights and freedoms to persons “within their jurisdiction” — Applicants outside territory of Contracting State — Whether jurisdictional link between any of Moroccan applicants and Denmark — Whether any extraterritorial act — Whether Court having competence to examine applicants’ substantive complaints under Articles 9 and 14, and 10 and 17 of Convention

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

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.

Treaties — Special kinds of — Double taxation conventions — Convention between Canada and United States, 1942 — Meaning of concept of "permanent establishment therein " — Alien limited partners as maintaining permanent establishment through limited partnership in United States — The law of the United States of America.

Treaties — Interpretation of — Double Taxation Convention between Canada and United States, 1942 — Meaning of concept of “permanent establishment therein” — Alien limited partners as maintaining permanent establishment through limited partnership in United States — The law of the United States of America.

Jurisdiction — Territorial — Criminal jurisdiction over foreigners — Offences committed in territory of forum — Subsequent escape of offenders to home State from which no extradition possible — Right of home State to prosecute precluded by amnesty — Return of offenders to territory of forum — Whether courts of forum entitled to exercise jurisdiction notwithstanding amnesty in home State — The law of Austria.

Relationship of international law and municipal law — Treaties — EC Treaty, 1957 — Supremacy of EC law over conflicting provisions of national law — Whether EC law taking precedence even over national constitutional provisions

Treaties — Successive treaty obligations — Existing treaty obligations — EC Treaty, Article 234 — Whether authorizing Member States to exercise rights in intra-Community relations under treaties concluded prior to the EC Treaty which conflict with Community obligations — European Convention on Establishment, 1955, Article 13 — Whether capable of constituting derogation from Article 48(4) of EC Treaty

Treaties — Derogations — Existing treaty obligations — EC Treaty, Article 233 — Scope of derogation permitted to members of Benelux Union from EC treaty rules — Benelux Treaty, 1958, Article 61 — Whether limiting scope of application of Article 48 of EC Treaty — Protocol to EC Treaty on Grand Duchy of Luxembourg, Article 2 — Scope of right of Grand Duchy to have its special demographic situation taken into account

Aliens — Freedom of movement of workers — EC rules — Scope of derogations — Employment in public service — Nationality requirement — Permissibility — EC Treaty, Article 48(4) — Scope of exception

International tribunals — Court of Justice of the European Communities — Jurisdiction — Actions against Member States for failure to fulfil treaty obligations — EC Treaty, 1957, Articles 169–71 — Finding of breach by Court of Justice of the European Communities — Whether Court empowered to grant period of grace for compliance with its judgments — The law of the European Community

State immunity — Jurisdictional immunity — Exceptions to immunity — Proceedings concerning commercial transaction — Antitrust law and anticompetitive behaviour — Proceedings instituted by regulator — Public and private law distinction — Agreements or understandings as “commercial transactions” — The law of Australia

International law in general — Sources — Customary law — State practice — Evolution of a new rule of customary international law — Whether such a rule had evolved in respect of atmospheric nuclear tests — Nuclear Test Ban Treaty, 1963

States as international persons — In general — Conduct of foreign relations — Statements by Head of State and members of Government — Whether capable of binding State in international law

State territory — In general — Nature of territorial sovereignty — Atmospheric nuclear tests causing deposit of radio-active fall-out on territory of other States — Whether an infringement of territorial sovereignty

Jurisdiction — High seas — Conception of the high seas and freedom of the sea — Atmospheric nuclear tests causing deposit of radio-active fall-out on the high seas — Establishment of prohibited and dangerous zones — Whether an unlawful infringement of the freedom of the high seas — Whether any one State has locus standi to claim in respect of such infringement

State responsibility — Nature and kinds of — In general — Absolute responsibility — Atmospheric nuclear tests leading to deposit of radio-active fall-out on territory of other States and on high seas — Whether such tests unlawful — Whether absolute responsibility for any damage caused

Treaties — In general — Form of international agreements — Unilateral oral declaration — Whether capable of amounting to assumption of legal obligation — Whether international law imposes any formal requirements — French declarations that atmospheric nuclear tests would cease — Whether amounting to a binding promise

Treaties — Conclusion and operation — Effect on third parties — Treaty allegedly giving rise to rule of customary international law — Nuclear Test Ban Treaty, 1963 — Whether giving rise to rule of customary law prohibiting atmospheric nuclear tests

Treaties — Termination — By operation of law — Desuetude — Whether a separate means of termination — Whether distinguishable from rebus sic stantibus — General Act for the Pacific Settlement of Disputes, 1928 — Whether remaining in force after dissolution of League of Nations — Effect of subsequent agreements

Treaties — Termination — By act of party — Mutual consent — Implied consent — Whether earlier treaty amended or superseded by later treaty dealing with similar subject — General Act for the Pacific Settlement of Disputes, 1928 — Whether amended or superseded as between Australia and France by Optional Clause declarations

Treaties — Termination — By act of party — Result of non-performance by one party — Whether Australia debarred from invoking General Act for the Pacific Settlement of Disputes, 1928, by alleged breach in 1939

Disputes — International Court of Justice — Contentious jurisdiction — Procedure — Refusal of respondent State to appear Application of Article 53 of Statute — Preservation of equality between parties — Rules of natural justice — Propriety of Court considering fresh evidence proprio motu — Whether necessary for Court to consult parties — Application — Inherent jurisdiction of Court to decide real nature of claim — Court requested to adjudge and declare atmospheric nuclear tests unlawful and to order France to cease conducting tests — Whether a separate claim for a declaratory judgment

Disputes — International Court of Justice — Contentious jurisdiction — Procedure — Indication of interim measures of protection

Disputes — International Court of Justice — Contentious jurisdiction — Procedure — Application for permission to intervene — Procedure to be followed — Whether necessary to establish jurisdictional link between intervening State and respondent State

Disputes — International Court of Justice — Contentious jurisdiction — Competence — Indication of interim measures of protection — Need to establish prima facie jurisdiction before indicating interim measures — Degree of examination required

Jurisdiction of the Court — Questions of jurisdiction and admissibility — Distinction — Judicial function of Court — Need for a legal dispute — Claimant State's objectives achieved — Whether claim without object — Inherent jurisdiction of Court to examine such questions proprio motu — Whether a reformulation of Applicant's claim

Jurisdiction — General Act for the Pacific Settlement of Disputes, 1928 — Whether a treaty in force — Whether providing a basis for jurisdiction of the Court — Whether amended or superseded by subsequent declaration under Article 36 (2) of the Statute of the Court — Effect of reservations to declaration under Article 36(2)Self — judging reservations

Jurisdiction — Locus standi — Whether actio populans exists in international law

Procedure — Refusal of Respondent State to appear before Court Consequences — Article 53 of the Statute of the Court — Application — Relation to Article 41 and indication of interim measures of protection — Preservation of equality between parties — Rules of natural justice

Procedure — Propriety of Court examining new evidence proprio motu — Whether necessary to consult parties

Procedure — Application — Court requested to declare atmospheric nuclear tests unlawful and order France to cease conducting them — Whether request for declaration a separate claim or merely reason advanced for grant of order

Procedure — Application to intervene — Whether necessary to establish jurisdictional link between intervening State and respondent State

Treaties — In general — Form of international agreements — Unilateral declaration — Whether capable of amounting to assumption of legal obligation — French declaration that atmospheric nuclear tests would cease

Treaties — Termination — By operation of law — Desuetude — General Act for the Pacific Settlement of Disputes, 1928 — Whether remaining in force after dissolution of the League of Nations

Treaties — Termination and amendment — By mutual consentWhether General Act amended or superseded as between Australia and France by declarations of both States under Article 36(2) of the Statute of the International Court of Justice

Treaties — Termination — Whether Australia debarred from invoking General Act for the Pacific Settlement of Disputes, 1928, by alleged breach in 1939

Treaties — Effect on third parties — Treaty allegedly giving rise to rule of customary international law — Nuclear Test Ban Treaty, 1963

State responsibility — In general — Atmospheric nuclear tests leading to deposit of radio-active fall-out on territory of other States and on high seas — Whether tests lawful — Whether absolute responsibility for damage caused

State territory — Nature of territorial sovereignty — Atmospheric nuclear tests causing deposit of radio-active fall-out on territory of other States — Whether an infringement of territorial sovereignty

Jurisdiction — High seas — Atmospheric nuclear tests causing deposit of radio-active fall-out on high seas — Prohibited zones set up on high seas — Whether lawful — Whether any one State having locus standi to claim

Jurisdiction — Territorial limits of — Applicability of legislation to foreign companies making agreements abroad which affect foreign commerce of legislating State — United States Shipping Act of 1916 — Effect of note of protest of foreign Government submitted to court but not supported by United States Executive — The law of the United States of America.

Federal States — Operation of Treaties — The Law of the United States.

Treaties — Operation of — Treaties and Municipal Law of the United States — Treaty-making Power in Matters Reserved to States.

Treaties — Interpretation — Various Rules of — Implied Reference to Existing Local Laws.

Treaties — Constitutional Limitations — Implied Reference to Existing Local Laws — Treaties of the United States — Treaty-making Power in Matters Reserved to the State.

Treaties — Effect in municipal law — EEC Treaty, 1957 — Article 177 — Reference by municipal court for preliminary ruling by Court of Justice of the European Communities — Powers of Court of Justice to invalidate legislation of EEC institutions — Limitation of effect of declaration of invalidity so as not to cover municipal proceedings giving rise to ruling by Court of Justice — Legal basis — Whether compatible with fundamental rights under national constitutions

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Nature of legal order established by Treaty — Fundamental rights under national constitution — Reference to Constitutional Court alleging unconstitutionality of EEC provisions — Whether provisions of EEC law prevailing over fundamental constitutional rights

Treaties — Conclusion and operation — Constitutional limitations — Acts of institutions established by EEC Treaty — Whether subject to constitutional review by municipal courts

International organizations — EEC — Institutions — Powers — Court of Justice — Power to invalidate legislation of EEC institutions — Limitation of retroactive effect of declarations of invalidity for reasons of legal certainty — Compatibility with fundamental right of individuals to judicial protection

Human rights — Procedure for enforcement — EEC — Right to judicial protection — Scope of judicial protection of individuals within the Community — Procedure under Article 177 of EEC Treaty — Preliminary rulings of Court of Justice — Declarations of invalidity of EEC regulations — Legal effects — Limitation of effects so as not to cover municipal proceedings giving rise to ruling by Court of Justice — Whether violating right of individuals to judicial protection

Human rights — Procedure for enforcement — Fundamental rights under Constitution of Italy — EEC Treaty, 1957, and legislation — Possible conflict with fundamental rights under Constitution of Italy — Whether EEC provisions subject to constitutional review by municipal courts to establish compatibility with fundamental constitutional rights — Whether protection of fundamental rights adequately safeguarded within Community legal order — The law of Italy

International organizations — International administrative tribunals — World Bank Administrative Tribunal — Competence — Dispute concerning alleged non-observance of contracts of employment or terms of appointment — Function of Tribunal — Applicable law — Internal law of the World Bank — General principles of law — Relevance of decisions of other international administrative tribunals — Concept of review by Tribunal of exercise of discretion by World Bank — Procedure — Representative cases

International organizations — Officials — Terms and conditions of employment — Relationship between contract of employment and other sources of employment law — World Bank — Articles of Agreement of the Bank — By-laws — Personnel Manual and Field Office Manual — Expectations of staff members — Power of World Bank to amend general rules regarding terms and conditions of employment — Whether a contractual power — Whether dependent upon employee's acceptance of power of amendment — Balance of rights and duties of staff — Conditions of employment central to that balance not subject to unilateral amendment — Limitations upon Bank's power to amend other conditions of employment — Non-retroactivity — Requirement that amendment be proportionate to the goal which it was sought to achieve — Requirements of reasonableness and good faith

International organizations — Officials — Terms and conditions of employment — Salaries — Tax reimbursement — Adjustments to take account of changes in cost of living — Changes in methods of assessment — Whether legitimate

Aliens — Treatment of — Right of Non-resident Alien to Inherit Real Property from Resident of State Concerned — Distribution of Proceeds of Sale to Residents of “Iron Curtain” Nations — Requirement that Payment Be Made Only If It Will Be Received by Payee — The Law of the United States of America.

Foreign States — Immunity from Jurisdiction — Activities of a Private Law Nature — Soviet Commissariat for Foreign Trade — Waiver of Immunity.

International law — Sources of — General principles of law — Principles of private international law — Use of comparative law — Absence of uniformity of laws — Effect of

Treaties — Interpretation of — Agencies of interpretation — Arbitral Tribunal — Interpretation by.

Treaties — Interpretation of — Principles of Interpretation — Effectiveness — Interpretation of arbitral undertakings — Possibility of conflicts between international tribunals — Whether to be avoided.

Reference to purposes — Intention of Parties — Liberal interpretation — Reasonableness — Use of preamble — Methods which can be simply and fruitfully applied — Reference to — Natural meaning — Surrounding circumstances.

Interpretation by Parties subsequent to conclusion — Weight to be attached — Permissibility of reference to evidence of interpretation if not referred to in argument.

Use of treaties of municipal law terms — Reference to municipal law for purposes of interpretation — Permissibility of — Multilingual treaties.

Preparatory work — Consideration of — Confirmatory character of — Absence of published record — Assertions of Parties as to content of — Whether of evidential value — History of origin of Agreement.

Treaties — Special kinds of — Peace Treaties — Analogous instrumenta — Agreement on German External Debts, 1953 — Annex VII — Private law contracts — Regulation by Agreement — Claims with speclftc foreign character — Criteria for determining such character — Place of payment situated abroad — Meaning of — Whether to be ascertained in accordance with municipal law — Application of rule relating to interpretation of treaties — Natural meaning of term “place of payment” in contradistinction to other meanings — Corroborated by history of Agreement — Gold clause — Debts with — Conversion of such debts — Under Agreement on German External Debts — Foreign creditors.

Arbitration — In general — Conception and function of arbitration — Decision on interpretation and application of international Agreement — In contradistinction to decision on claim.

Arbitration — In general — Law applied by arbitral tribunals — Private international law — Problem of lex fori — Choice of law in contract cases.

Arbitration — Procedure — Competence — Jurisdiction — Of Arbitral Tribunal for Agreement on German External Debts — Exclusive jurisdiction regarding interpretation or application of Agreement — Attempt to settle dispute by negotiation prior to submission to Arbitral Tribunal — Competence of other arbitral body yet not establlshed — Litispendence — Principle of perpetuatio fori — Dispute between Governments distinguished from dispute between private individuals — Request for decision distinguished from request for advisory opinion.

State responsibility — For wrongs unconnected with contractual obligations

Acts and omissions of State organs — Exhaustion of local remedies — Rule of — Applicability in arbitration proceedings — Absence of special provision for application — Case not involving claim on behalf of individual — Request for interpretation of Agreement as between States — Effect of — Exhaustion of local remedies under Agreement on German External Debts, 1953.

Acts of judicial organs of State — Denial of justice — Error of law — Error in application of Treaty — Whether State responsible.

Governments — Change of government — Action by new government to recover property allegedly embezzled by former Head of State — Duty of courts in other States to cooperate in preventing removal of assets from reach of courts

Jurisdiction — Territorial — Injunction restraining defendants from dealing with assets — Whether court in one State empowered to grant injunction regarding foreign defendant’s dealings with property situated outside State — The law of England

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

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