Jurisdiction — Extraterritorial — Nationality principle — Offence committed outside prosecuting State — Offence committed by national in diplomatic premises of prosecuting State in foreign country — Territorial jurisdiction — Whether harmful effects sustained in prosecuting State sufficient to found jurisdiction

Relationship of international law and municipal law — Exercise of criminal jurisdiction by State over offences committed by nationals abroad — Requirement that international law rule be incorporated into domestic law by statute

Diplomatic relations — Premises — Whether embassy buildings constitute territory of sending or host State — The law of Zimbabwe

State immunity — Jurisdictional immunity — Restrictive doctrine — Applicability in Zimbabwe — Sale of freehold land to foreign State subject to lease — Lessee not permitted to exercise option to renew lease because State wished to use land for diplomatic premises — Whether action by lessee falling within commercial activity exception to immunity — Procedure — Service of process — When substituted service permissible — The law of Zimbabwe

Jurisdiction — Territorial — Conspiracy — Agreement concluded outside territorial jurisdiction — Continuation of agreement within territory — Acts within territory in furtherance of conspiracy — Acts of innocent agent — Conspiracy aimed at State asserting jurisdiction — Whether sufficient to confer jurisdiction even where no acts take place within the territory of that State — The law of Hong Kong

Jurisdiction — Territorial — Conspiracy — Agreement concluded outside territorial jurisdiction — Continuation of agreement within territory — Acts within territory in furtherance of conspiracy — Acts of innocent agent — Conspiracy aimed at State asserting jurisdiction — Whether sufficient to confer jurisdiction even where no acts take place within the territory of that State — Presumption against extraterritorial effect of legislation — When rebutted — The law of Hong Kong

Jurisdiction — Territorial — Territorial sea — Possession of prohibited fishing appliances in territorial sea — Whether an offence within local jurisdiction — Possible effect on right of innocent passage

Sea — Territorial sea — Innocent passage — Whether right of innocent passage exists under municipal law — Whether passage is innocent when law of coastal State is being contravened — The law of Malaysia

Claims — State control over private claims — Discretion of State regarding espousal of claims by nationals — Claims regarding taking of land — Agreement between States that each would be responsible for compensating its own nationals for past acts of expropriation by the other State — Acknowledgment of claim by defendant State — Whether giving rise to claims by nationals against their own State — Whether such claims constitute interests in immovable property — Whether State entitled to immunity before courts of foreign State

State immunity — Jurisdictional immunity — Immovable property — United States Foreign Sovereign Immunities Act 1976 — Extent of exception regarding immovable property — Torts allegedly committed by foreign State — Requirement of connection between tort and forum State — The law of the United States

State immunity — Jurisdictional immunity — Torts — Exception to immunity for non-commercial torts — United States Foreign Sovereign Immunities Act 1976 — Whether events have to occur wholly within the territory of the United States — Exception for torts committed by foreign State in the exercise of discretionary functions — Identification of tortious act — Transfer of prisoners pursuant to treaty — Aircraft carrying prisoners crashing in United States territory — The law of the United States

State immunity — Jurisdictional immunity — Commercial activity exception — Nature of acts giving rise to cause of action — Mexican bank refusing to honour terms of certificates of deposit because of Mexican exchange regulations — Whether a commercial act — Whether bank acting as instrumentality of Mexican State — Distinction between bank’s acts and act of Mexican Government in promulgating regulations

Relationship of international law and municipal law — Act of State and justiciability — Nature of United States act of State doctrine — Judicial restraint in matters of foreign relations — Whether there is a commercial activity exception to the act of State doctrine — Enactment of exchange control regulations — Whether a sovereign or commercial activity — Treaty exception to act of State doctrine

Jurisdiction — Territorial — Property — Situs of debt — Application of exchange control regulations — State with which debt most closely connected

Economics, trade and finance — International Monetary Fund — National exchange control regulations — Allegation that regulations contrary to IMF Articles of Agreement — Approval of regulations by IMF — Effect of approval on municipal court

Comity — Nature of — Act of State doctrine and sovereign immunity as application of principles of comity — The law of the United States

State immunity — Jurisdictional immunity — Action for default on government bonds — United States Foreign Sovereign Immunities Act 1976 — Retroactive application — Commercial activity exception — Whether applicable to issue of bonds — Whether applicable to bonds issued in 1911 — Application of doctrine of absolute immunity in 1911 — Procedure — Service of process — Judgment in default — Grounds for setting aside judgment in default

Governments — Succession — People’s Republic of China — Whether Government of People’s Republic of China liable in respect of bonds issued by Imperial Government of China

Relationship of international law and municipal law — Foreign relations interest in litigation before municipal courts — Action against foreign State — Evidence from Executive that action affecting foreign relations interests — Relevance — The law of the United States

State immunity — Jurisdictional immunity — Action for default on government bonds and credit certificates — United States Foreign Sovereign Immunities Act 1976 — Retroactive application — Commercial activity exception — Whether applicable to issue of bonds — Whether applicable to bonds issued in 1916 — Application of doctrine of absolute immunity in 1916 — Settled expectation that State would be entitled to immunity in respect of issue of bonds at that date — Procedure — Service of process — Judgment in default — Grounds for setting aside judgment in default

Governments — Succession — Union of Soviet Socialist Republics — Whether Government of USSR liable in respect of bonds issued by Imperial Government of Russia

Relationship of international law and municipal law — Foreign relations interest in litigation before municipal courts — Action against foreign State — Evidence from Executive that action affecting foreign relations interests — Relevance — The law of the United States

Expropriation — Definition — Imposition of exchange controls — Effect upon certificates of deposit with banks — Whether losses incurred by holders of certificates occasioned by a taking of property — Nationalization of private banks — Compensation — Requirement of just compensation — Requirement that compensation be prompt and effective — Whether fact that foreign State seeking to control its economy relevant to measure of compensation

Relationship of international law and municipal law — Act of State and justiciability — Limits of United States act of State doctrine — Second Hickenlooper Amendment — Justiciability of claims regarding expropriation — Refusal of United States courts to question effectiveness of foreign banking regulations

State immunity — Jurisdictional immunity — Presumption that acts of foreign State and its instrumentalities are sovereign acts — Requirement that acts be peculiar to powers of a sovereign — United States Foreign Sovereign Immunities Act 1976 — Commercial activity exception — Regular course of commercial conduct in United States — The law of the United States

States — Creation of States — Trust territories — United Nations trusteeship system — Trust territories of the Pacific Islands — Marshall Islands — Whether ceasing to be a trust territory — Whether a foreign State for purposes of United States law — Nature of relations between the United States and the Marshall Islands

International organizations — United Nations — Trusteeship system — Independence of part of trust territory — Whether requiring consent of United Nations Security Council — Relations between trust territory and administering authority — Marshall Islands — The law of the United States

Jurisdiction — Executive — Search and seizure — Search of foreign vessel on the high seas — Consent of flag State obtained prior to search — Discovery of drugs — Whether search contrary to international law — Application of United States Constitution to search conducted by United States authorities on the high seas — Prescriptive jurisdiction — Presumption that statutes not intended to have extraterritorial effect — Foreign nationals on board foreign ship in international waters charged with possession of drugs under United States law — Whether United States possessing jurisdiction under international law — Protective principle of jurisdiction

Sea — High seas — Jurisdiction — Power of United States authorities to search United Kingdom vessel on high seas — 1981 Agreement between United Kingdom and United States regarding search of vessels suspected of carrying drugs — United States obtaining consent of United Kingdom prior to search

Treaties — Effect in municipal law — Whether conferring rights upon individuals — 1981 Agreement between United Kingdom and United States regarding search of vessels suspected of carrying drugs — Allegation by defendants in trial in United States that search did not comply with requirements of Agreement — Whether Agreement conferring rights upon individuals — Whether defendants possessing locus standi to challenge search for noncompliance with Agreement — The law of the United States

International Court of Justice — Contentious jurisdiction — Acceptance of jurisdiction — Multilateral treaty — Pact of Bogotá 1948 — Article XXXI — Provision for settlement of disputes by International Court of Justice — Whether constituting a collective acceptance of the compulsory jurisdiction of the Court — Whether requiring a declaration under Article 36 of the Statute of the Court — Party to Pact also making declaration under Article 36 — Effect of reservations in declaration upon obligations under Pact — Relationship between Article XXXI and other provisions of the Pact Whether requirement that dispute cannot be settled by negotiation or conciliation — Contadora Process in Central America

International Court of Justice — Contentious jurisdiction — Acceptance of jurisdiction — Article 36 of the Statute of the Court — Declaration of acceptance — Subsequent modification — New declaration subject to reservations — Effect — Whether duty to notify other parties — Effect on obligation to submit to jurisdiction of the Court under other treaties

International Court of Justice — Contentious jurisdiction — Admissibility — Existence of legal dispute — Whether application political in nature — Division of wider regional dispute into separate bilateral disputes — Required degree of particularization of claim — Relationship of application to Contadora Process in Central America — Whether prior procedure for settlement concluded before application to Court

Conciliation — Nature — Contadora Process in Central America — Whether a conciliation process — Whether concluded — Application to International Court of Justice — Whether precluded by existence of Contadora Process

Treaties — Nature of obligations — Modification — Effect of unilateral act — Pact of Bogotá, 1948 — Obligation to accept jurisdiction of International Court of Justice — Whether modified by unilateral declaration under Article 36 of the Statute of the Court

Aliens — Treatment — Discrimination — Right to establish and manage companies — Principle of equal treatment — Italy-United States Friendship, Commerce and Navigation Treaty, 1948 — Denial of justice — Whether established

Claims — Exhaustion of local remedies — Applicability of local remedies rule — Whether applicable to claim regarding alleged violation of Italy-United States Friendship, Commerce and Navigation Treaty, 1948 — Local remedies rule not mentioned in treaty — Whether local remedies rule excluded — Applicability of rule confined to claims of diplomatic protection — Whether claim for breach of treaty a claim regarding a direct wrong — Respondent State failing to mention duty to exhaust local remedies when claim first raised — Whether estopped from relying upon rule — Application of local remedies rule — Whether effective local remedies available

Claims — Nationality of claims — Companies — Locally incorporated subsidiary — Whether alleged wrong suffered by local subsidiary or shareholders

Expropriation — Definition — Taking of property — Italy-United States Friendship, Commerce and Navigation Treaty, 1948 — Definition of taking — Loss of right to manage company — Shareholders deprived of right to conduct orderly liquidation of company — Whether a taking of shareholders’ property — Ability of shareholders to conduct orderly liquidation — Whether shareholders suffering real losses — Nature of property — “Immovable property rights and interests therein”

International Court of Justice — Contentious jurisdiction — Basis of jurisdiction — Italy-United States Friendship, Commerce and Navigation Treaty, 1948 — Jurisdiction confined to interpretation and application of the treaty and its protocols — Admissibility of application

Nationality — Companies — Locally incorporated subsidiary — Whether possessing nationality of parent company for purpose of international claims

State responsibility — Acts of local authorities — Requisition of property — Failure to prevent occupation of factory by employees — Acts of judiciary — Denial of justice — Definition — Delay — Control of executive acts by courts — Whether finding that executive act contrary to municipal law necessarily implies that there has been a violation of international law

Treaties — Interpretation — Principles of interpretation — Authentic texts in more than one language — Vienna Convention on the Law of Treaties, 1969, Articles 31 and 32 — Italy-United States Friendship, Commerce and Navigation Treaty, 1948

International organizations — Officials — Terms and conditions of employment — Termination of employment — Probationary staff member — Unsatisfactory performance — Duty of fairness — Treatment of applicant reflecting special consideration — Concept of due process — Whether respondent under duty to notify applicant of right of appeal — Respondent applying for disability pension on applicant's behalf — World Bank Administrative Tribunal — Procedure

International organizations — Officials — Contract of employment — Conclusion of contract — Offer of appointment accepted by applicant — Condition that applicant successfully complete medical examination — Director of medical department concerned about applicant's age — Decision to withdraw offer of appointment — Whether reasonable — Whether Tribunal should overturn medical judgment

International tribunals — International administrative tribunals — World Bank Administrative Tribunal — Jurisdiction — Whether contract of employment ever concluded an issue — Whether within jurisdiction of Tribunal — Review of decisions — Circumstances in which Tribunal should overturn decision

International organizations — Officials — Terms and conditions of employment — Legal position of official determined by terms of appointment — Fixed term appointment — Whether giving rise to legitimate expectation of permanent appointment — Whether refusal of permanent appointment justified — Whether respondent had acted arbitrarily or improperly — Whether correct procedures followed

International tribunals — International administrative tribunals — World Bank Administrative Tribunal — Jurisdiction — Late application — Procedure — Review of decisions — Grounds for review — Tribunal not to substitute own discretion for that of decision maker

International organizations — Officials — Terms and conditions of employment — Reassignment of official contrary to his wishes — Discretion of organization — Needs of organization taking priority over official's preferences — Requirement that organization should act in a way which was not arbitrary or improperly motivated — Requirement that organization follow fair and reasonable procedure — Recommendation of Appeals Committee — Whether binding — Decision by Vice-President not to follow recommendation

International tribunals — International administrative tribunals — World Bank Administrative Tribunal — Jurisdiction — Procedure — Review of decisions — Grounds for review — Tribunal not to substitute own discretion for that of decision maker