International law in general — International comity — Antitrust proceedings — Extraterritorial jurisdiction — Need to balance interests of United States and those of other countries — The law of the United States

Jurisdiction — In general — Territorial — Extraterritorial jurisdiction — Antitrust laws — When applicable to acts performed outside United States — Effects doctrine — Whether effects upon United States commerce sole consideration in determining jurisdiction — Need to balance interests of United States and those of other nations — Comity — Judicial restraint — The law of the United States

States as international persons — In general — Recognition of acts of foreign States and governments — Act of State doctrine — Nature of act of State — Court order — Whether order of court made at request of private party an act of State — Defendants allegedly conspiring to obtain court order — Government and officials of foreign State not object of criticism in action — Antitrust action — Jurisdiction — Extraterritorial jurisdiction — Effects doctrine — Whether effects upon United States commerce sole consideration in determining jurisdiction — Judicial restraint — Need to balance interests of United States and those of other nations — Comity — The law of the United States

Human rights — Genocide — Definition of genocide — Genocide Convention, 1948 — Conflict in Bosnia–Herzegovina — Commission of atrocities against civilian population — Whether amounting to genocide — Relationship between genocide and other violations of humanitarian law and human rights law — Whether genocide taking place — Whether imputable to Yugoslavia (Serbia and Montenegro) — Duty to prevent genocide — Extent of duty placed upon States not party to the conflict — Whether requiring active intervention to prevent genocide — Prohibition of genocide — Whether possessing status of jus cogens — Effect on powers of the Security Council under Chapter VII of the United Nations Charter

International Court of Justice — Provisional measures of protection — Jurisdiction — Requirement of prima facie basis for jurisdiction — Measures required to protect rights which might be established in the exercise of that jurisdiction — Duty of Court to refuse requests for provisional measures going beyond prima facie basis for jurisdiction — Grounds for indication of provisional measures — Effect of provisional measures — Whether legally binding — Effect on third parties — Power of Court to indicate provisional measures proprio motu — Power of Court to indicate provisional measures to prevent aggravation or extension of the dispute — Procedure on request for provisional measures — Evidence — Admissibility of media material — Findings of fact and imputability — Urgency — Duty of Court to enable both Parties to be heard — Fresh request for provisional measures — Relationship between Court and Security Council — Matter before both Court and Security Council — Duties of both organs — Genocide — Request for provisional measures to prevent genocide

International Court of Justice — Jurisdiction — Genocide Convention, 1948, Article IX — Extent of jurisdiction conferred upon the Court — Doctrine of forum prorogatum — Whether Respondent consenting to jurisdiction of the Court by making request for provisional measures going beyond established basis for jurisdiction

International organizations — United Nations — Security Council — Powers under Chapter VII of the Charter — Limits on the power of the Security Council — Allegation of conflict between binding resolution of the Council and rule of jus cogens — Resolution 713 (1991) — Maintenance of arms embargo in respect of all territories of the former Yugoslavia — Application to Bosnia–Herzegovina — Whether denying Bosnia–Herzegovina the means to prevent the commission of genocide — Whether contrary to Genocide Convention, 1948 — Whether International Court of Justice should indicate provisional measures regarding validity and effect of resolution

Sources of international law — Hierarchy of sources — Jus cogens — Resolutions of Security Council — Priority of Security Council resolution over obligations derived from other international agreements — United Nations Charter, Article 103 — Whether applicable to rules of jus cogens — Genocide Convention, 1948

States — Dissolution of State — Socialist Federal Republic of Yugoslavia — Independence of former republics of Yugoslavia — Continued existence of Yugoslav State — Bosnia–Herzegovina — Peace negotiations — Partition between the three ethnic communities

State succession — Treaties — Yugoslavia — Dissolution of Socialist Federal Republic of Yugoslavia — Succession to treaty obligations — Genocide Convention, 1948 — Bosnia–Herzegovina — Whether entitled to succeed to Convention — Deposit of notification of succession — Vienna Convention on Succession of States in respect of Treaties, 1978 — Whether declaratory of customary law — Yugoslavia (Serbia and Montenegro) — Whether continuation of Socialist Federal Republic of Yugoslavia — Whether bound by treaty obligations of Socialist Federal Republic

Governments — Head of State — Whether entitled to act on behalf of State — Bosnia–Herzegovina — Challenge to legitimacy of President and Government — Whether President entitled to seise International Court of Justice of dispute

State responsibility — For acts of armed groups operating in another State — Serb forces in Bosnia–Herzegovina — Whether acts imputable to Yugoslavia (Serbia and Montenegro) — Whether International Court of Justice should make findings of imputability in provisional measures proceedings

Territory — Acquisition of — By force — Whether prohibited under Genocide Convention, 1948 — Whether partition of territory as a result of peace negotiations incompatible with international law

Treaties — Interpretation — Genocide Convention, 1948 — Statute of the International Court of Justice — Reference to travaux préparatoires — Relationship between treaties and customary international law

War and armed conflict — Civilians — Atrocities committed against civilians in armed conflict — Genocide — Ethnic cleansing — Conflict in Bosnia–Herzegovina — Involvement of United Nations — United Nations forces — War crimes and crimes against humanity — Genocide Convention, 1948 — Jurisdiction of International Court of Justice — Geneva Conventions, 1949 — Other agreements relating to international humanitarian law — Whether conferring jurisdiction upon the Court

Diplomatic relations — Special missions — Convention on Special Missions, 1969 — Inviolability and immunity of member of special mission — Requirement that receiving State consents to special mission — Official visiting State without such consent — Whether entitled to immunity in context of extradition request

State immunity — Jurisdictional immunity — Officials — Criminal proceedings — Immunity ratione personae — Limited to the most high-ranking officials — Whether applicable to senior security official — Immunity ratione materiae — Whether official entitled to State immunity in respect of official acts — Allegation of kidnapping by officials of one State on the territory of another — Whether distinction between civil and criminal proceedings

Extradition — Abuse of process — Whether suspect lured into territory to facilitate arrest — Immunity — Official accused of extraditable offence — Offence allegedly performed in exercise of official functions — The law of England

Human rights — Torture — Nature of rule prohibiting torture — Whether a rule of jus cogens — Consequences of prohibition — Whether “trumping” other rules of international law — State immunity — Civil proceedings against foreign State for torture — Courts of forum State holding defendant State immune — Whether recognition of immunity a violation of prohibition of torture — Whether a violation of right of access to courts — European Convention on Human Rights, 1950, Articles 3, 6 and 13

State immunity — Jurisdiction — Exceptions to immunity — Whether international law denies immunity in cases of torture — Distinction between civil and criminal proceedings

International Law — Sources of — Judicial Decisions of Municipal Courts as Evidence of International Law.

Belligerent Occupation — Legislative and Administrative Functions of Occupant — Sequestration of Assets of Bank by Occupant — Power of Occupant to Issue Currency — Payment of Debts in Occupation Currency — Judicial Decisions of Municipal Courts as Evidence of International Law.

Jurisdiction — Territorial — Exemptions from — Foreign States — Province in federal constitution — Province retaining independence and autonomy in own sphere — Provinces of Canada — Whether sovereign states in own right — Development corporation set up by statute of Canadian Province — Functions and powers of corporation — Whether corporation the Provincial Government's ‘alter ego’ — Whether entitled to sovereign immunity — The law of England

State territory — Parts of — National waters — Union picketing foreign ship flying “flag of convenience”in port — Domestic labour dispute — Exclusive jurisdiction of National Labor Relations Board — The law of the United States of America.

Jurisdiction — In general — Territorial — Over ports and national waters — Union picketing foreign ship flying “flag of convenience” — Domestic labour dispute — Exclusive jurisdiction in National Labor Relations Board — The law of the United States of America.

International Law — Sources — General principles of law — Principles relating to capacity — Application to com promissory clause in Mandate — Right of Members of League of Nations to bring proceedings against Mandatory — Effect on this right of cessation of membership of League.

International law — Sources — Applicability of private law principles — International tutelage — Mandates System — Inhabitants of mandated territories compared with wards in municipal law League of Nations as tutelary authority — Legal consequences of this concept — Joint and several responsibility of Members of League for fulfilment of “sacred trust” — Trust comprising legal obligations correlative with rights of inhabitants — Supervision of Mandatory by Mandator organization.

Mandated territories — Sovereignty over — Legality of unilateral exercise of Mandate without supervision by United Nations Whether such exercise amounts to annexation of mandated territory.

Mandated territories — Status of — Comparison with provisions of U.N. Charter relating to non — self — governing territories — Article 22 of Covenant of League and Article 73 of Charter — Whether Article 73 applies to mandated territories not placed under trusteeship.

Treaties — In general — Conception and function of — Application of principle of good faith — Charter of United Nations, Article 2 (2) — Effect of non-registration of treaty — Whether treaty a nullity ipso jure — Relevance of good faith — South West Africa Mandate — Effect of non-re gist rat ion of — Relevance of exercise of Mandate by South Africa for many years.

Treaties — In general — Forms of international agreements — Whether any significance attaches to use of particular term to describe agreement — Agreements arising out of unilateral acts — Whether law of treaties contains doctrine of consideration — Whether necessary to identify document or instrument embodying agreement.

Treaties — Conclusion and operation of — Registration — Reasons for requirement of — Covenant of League of Nations, Article 18 — Effects of non-registration — South West Africa Mandate — Date of entry into force of Mandate — Whether requirement of registration applied to treaties to which League was a Party — Whether deposit of Mandate in Declaration in archives of League constitutes registration.

Treaties — Operation of — Effect on third parties — Stipulations in favour of third parties — Provisions contained in unilateral engage-ment — Requirement that third party must accept provisions-South West Africa Mandate — Protection of third party rights by judicial proceedings under Article 7 of Mandate — Whether privity of contract a general principle of law — Stipulation in favour of third parties constituting a standing offer.

Treaties — Termination of — By operation of law — In general — Separability — Whether certain provisions of treaty can lapse while others continue — South West Africa Mandate — Continuance of Mandate as institution — Whether compromissory clause (Article 7) also continues — Whether clause became inoperable on dissolution of League of Nations.

Treaties — Interpretation of — Principles and rules of interpretation — Natural and ordinary meaning of words — Whether relied on in preference to spirit, purpose and context of provision.

Treaties — Interpretation of — Principles and rules of interpretation — Principle of eftectiveness — Presumed intention of parties-Limits upon application of principle — South West Africa Mandate.

Treaties — Interpretation of — Consideration of preparatory work — When appropriate — Ambiguous provision — Compromissory clause of Mandate for South West Africa.

International organization — In general — Treaty-making capacity — League of Nations — Whether League or League Council had such capacity.

International organization — In general — Dissolution of organization — Dissolution of League of Nations — Continuation of Mandates System — Agreement of all Members that Mandates should continue — Whether agreement applied to compromissory clause — Continuation of Mandate as treaty between Mandatory and Members of League — Indefinite duration of Mandate — Analogy between dissolution of League and death of guardian in municipal law — Whether any general succession to League by United Nations.

International Court of Justice — Contentious jurisdiction — Competence — Objections to jurisdiction — Extent to which Court may take into account merits when considering preliminary objections — Relevance of whether issues on merits are capable of legal determination.

International Court of Justice — Contentious jurisdiction — Competence — Article 36 of Statute — Requirement of a “dispute” — Meaning of dispute — Mandate for South West Africa, Article 7 — Requirement of a dispute which “cannot be settled by negotiation” — Meaning of — Collective negotiations in forum of international organization — Concept of parliamentary diplomacy — Whether direct negotiations with common adversary State also required — Whether individual legal right or material interest on part of applicant States required — Relevance of representational capacity of applicant States — Relevance of Article 62 of Statute — Whether States may have legal interest in observance in territory of another State of general welfare treaty provisions — Examples of I.L.O. Conventions and Minorities Treaties.

Mandated territories — Rights and duties of Administering Authority — Duty to submit to jurisdiction of International Court of Justice in disputes with other Members of League relating to interpretation or application of Mandate — Mandate for South West Africa, Article 7 — Statute of I.C.J., Article 37 — Interpretation of Article 37 — Meaning of "treaty or convention " — Intention to preserve as much as possible of jurisdiction of P.C.I.J. — Mandate as treaty or convention — Origin of Mandate as bilateral convention between Great Britain and South Africa — Convention confirmed by Council of League of Nations — Contractual and statutory character of Mandate — Relevance of acceptance of Mandate by Mandatory — Contractual nature of acceptance — Relevance of treaty — making capacity of League — Identity of parties to Mandate — Whether inclusion of Article 7 was ultra vires Council of the League — Absence of compromissory provision in Article 22 of Covenant of League — Competence of Council to "define" conditions of administration and control for each Mandate — Effect of dissolution of League upon Article 7 of Mandate — Whether frustration occurred — Effect of substitution of I.C.J. for P.C.I.J. by virtue of Article 37 of Statute — Effect of undertaking by Mandatory to continue to administer territory in accordance with obligations of Mandate — Whether obligations include obligation to accept jurisdiction of Court under Article 7 — Locus standi of applicant States — Whether Members of League "third parties" to Mandate — Duration of right of legal intervention of Members — Effect upon it of dissolution of League before expiry of Mandate — Whether reference to "Members of the League" a condition for bringing proceedings or a means of identifying certain States — Whether Members of League possess direct legal interest in fulfilment of Mandate — Existence of "dispute" between applicant States and Mandatory.

Recognition of Acts of Foreign States — Considerations of Public Policy — How far Affected by Recognition — Nationalisation Decrees of Soviet Russia.

Jurisdiction — Extraterritorial Operation of Legislation — Nationalisation Decrees of Soviet Russia.

Recognition of Governments — Effects of Non-Recognition — Decrees of Unrecognised Government — Extraterritorial Effect of — Liquidation and Nationalisation Decrees of Soviet Russia — Considerations of Public Policy — How far Affected by Recognition.

Aliens — Treatment of — Bequest to non-resident alien — Restrictions under state statute on distributions from estates to aliens who might not have benefit or use of funds — Requirement of reciprocity between forum State and State of alien — Competence of state and Federation with regard to treatment of aliens in Federal States — The law of the United States of America.

Rivers — Diversion of Waters — Applicability of Rules of Municipal Law — Principles Applicable in Disputes Between Members of Federal States.

Human rights — Treaties — American Convention on Human Rights, 1969 — Right to personal liberty — Right to humane treatment — Right to a fair trial — Right to judicial protection — Whether Peru violating Articles 7, 5, 8 and 25 of Convention — Validity of suspension of guarantees in emergency situations — Trial before military and civil courts on same facts — Whether violating principle of non bis in idem — Article 8(4) of Convention

International tribunals — Inter-American Court of Human Rights — Remedies — International human rights tribunal ordering State to release prisoner within reasonable time — American Convention on Human Rights, 1969

International tribunals — Procedure — Inter-American Court of Human Rights — Whether international court for protection of human rights bound by same formal rules binding municipal courts — Whether instruments granting representation valid — Court's duty to ensure effective protection of human rights

Relationship of international law and municipal law — Reparations — Applicable law — Article 63(1) of American Convention on Human Rights, 1969 — International law governing scope, nature, modality and determination of beneficiaries of reparations — Whether subject to alteration by municipal law — Peru's obligation to take necessary domestic measures to comply with Convention — Article 2 of Convention — Invocation by Peru of domestic law to avoid compliance with international obligations — Whether possible

State responsibility — Imputability — Human rights violation — Whether State responsible — Whether unlawful act imputable to State — Whether State having duty to make reparations

Damages — For human rights violations — Release of victim — Whether sufficient to redress violations — Reparations — Forms of damages — Restitution — Compensatory damages — Pecuniary damages — Moral damages — Scope, basis and amount of compensation — Whether damage to “life plan” new head of damages — Whether damage quantifiable — Costs — Proportionality requirement — Entitlement to compensation — Victim and next of kin — Interpretation of term “next of kin” — Whether injured parties — Method of calculation — American Convention on Human Rights, 1969, Article 63(1)

Aliens — Position of — Treatment by receiving State — Non-resident alien corporation — Standing to challenge in United States courts action of administrative agency — The law of the United States of America.

Human rights — Inhuman and degrading treatment or punishment — Death penalty — Whether constituting inhuman or degrading treatment or punishment — European Convention on Human Rights, 1950, Articles 2(1) and 3 — Protocol VI to the Convention — Circumstances in which penalty imposed — Delay in execution — “Death row” phenomenon — Whether constituting a violation of Article 3

Human rights — Scope of human rights treaty — European Convention on Human Rights, 1950 — Extradition proceedings — Whether State responsible under Convention if it extradites fugitive for treatment in requesting State — Threat of death sentence in requesting State — Right to fair trial

Extradition — Capital offences — Offence carrying death penalty in requesting State but not in requested State — United Kingdom-United States Extradition Treaty, 1972 — Right of requested State to seek assurance that death penalty will not be imposed

Nationality — Acquisition of — Commencement of — Declaration of Intention to Become a Citizen.

Aliens — Position of — As Compared with Nations.

Human rights — Treaties — Interpretation of human rights treaties — Compromissory clauses — Convention on the Elimination of All Forms of Racial Discrimination, Article 22 — Whether imposing preconditions on the seisin of the International Court of Justice — Scope of application of Convention — Whether applicable extraterritorially — Conflict between Georgia and Russian Federation in 2008 — Allegations of ethnic cleansing in Abkhazia and South Ossetia — Whether dispute regarding the interpretation or application of the Convention

International Court of Justice — Provisional measures of protection — Criteria for indication of measures — Prima facie basis for jurisdiction — Application by Georgia against Russian Federation — Convention on the Elimination of All Forms of Racial Discrimination, Article 22 — Whether prima facie basis for jurisdiction — Measures must be designed to protect rights which might form the subject-matter of a judgment — Requirement of urgency

International Court of Justice — Jurisdiction — Consent of States as basis of jurisdiction — Dispute — Definition of dispute — Convention on the Elimination of All Forms of Racial Discrimination, Article 22 — Types of dispute covered by Article 22 — Conflict between Georgia and Russian Federation in 2008 — Whether dispute between the Parties regarding the interpretation or application of the Convention — Date on which dispute came into existence — Whether Article 22 imposing preconditions on seisin of the Court — Requirement of negotiations — Relationship between decision on prima facie basis of jurisdiction at provisional measures stage and definitive ruling on jurisdiction — Whether compromissory clauses in human rights treaties requiring different approach to interpretation

International organizations — United Nations — Security Council — Exchanges between States in meetings of Security Council — Whether capable of establishing existence of dispute — Whether capable of constituting attempt to resolve dispute by negotiation

Treaties — Interpretation — Principles of interpretation — Principle of effet utile — Role within framework of treaty interpretation — Human rights treaties — Compromissory clauses — Convention on the Elimination of All Forms of Racial Discrimination, Article 22 — Approach to interpretation

War and armed conflict — International armed conflict — Conflict between Georgia and Russia in 2008 — Conflicts in Abkhazia and South Ossetia — Ethnic cleansing — Whether giving rise to dispute within Convention on the Elimination of All Forms of Racial Discrimination, Article 22

Human rights — Torture, inhuman and degrading treatment — Ill-treatment of complainant's daughter — Whether amounting to “psychological torture” of complainant — Proof of torture — Arrest and detention — Right of detainee to humane treatment — International Covenant on Civil and Political Rights, 1966

International tribunals — Competence — Procedure — United Nations Human Rights Committee — Optional Protocol to International Covenant on Civil and Political Rights — Admissibility of communication — Whether alleged victim subject to jurisdiction of State Party — Exhaustion of domestic remedies — Absence of effective remedies — Whether allegations to be treated as substantiated in the absence of evidence to contrary from State Party

Diplomatic relations — Embassy premises — Asylum — Arrest of asylum-seeker in grounds of embassy

War — Enemy Character — Of Corporations — Non-Enemy Shareholders — Protection of Rights of — Against Recapitalization of Corporation — The Law of the United States of America.

Jurisdiction — Personal — Over nationals in respect of crimes committed abroad — Location of offence of cheating — Cheque mailed to accused from outside State — Whether affects location of offence — The law of India.