Consular relations — Immunity — Consular officials — Immunity from civil proceedings — Nature and scope of immunity — Vienna Convention on Consular Relations, 1963, Articles 5 and 43 — Immunity limited to “acts performed in the exercise of consular functions” — Providing overnight accommodation for national of sending State in consular offices — Whether consular function — Consular function performed in unlawful manner — Whether affecting immunity from jurisdiction — The law of the United States

Diplomatic relations — Diplomatic representatives — Ambassador — Relationship between ambassador and sending State — Authority of ambassador to bind sending State in dealings with third parties — Whether sending State automatically bound by all official acts of ambassador — Whether relationship between ambassador and sending State one of principal and agent — Whether relationship governed by agency laws of developed States — Apparent authority test — Antiguan ambassador to the United Nations — Obtaining bank loan and waiving Antiguan sovereign immunity without actual authority — Whether Antigua bound by actions of ambassador

State immunity — Jurisdictional immunity — Waiver — Unauthorized waiver of sovereign immunity — Ambassador purporting to waive sovereign immunity of sending State — Whether waiver binding on sending State — Judgment in default — Grounds for setting aside judgment in default — Immunity from execution — Embassy bank account

Treaties — Conclusion and operation — Authority to conclude treaties — Ambassadors — Scope of authority — Whether ambassador having authority to conclude treaty on behalf of sending State — Ambassador acting beyond scope of his authority — Whether treaty binding on sending State — The law of the United States

State immunity — Attachment and execution — Permanent Mission of Uganda to the United Nations — Whether immunity from execution more extensive than immunity from jurisdiction — Judgment against Mission arising out of non-commercial tort claim — Judgment creditor seeking to levy execution against Mission by attachment of bank account — Whether bank account used for expenses of Permanent Mission immune — Duty of United States as host State to the United Nations — United Nations Charter, 1945, Article 102(5) — United Nations-United States Headquarters Agreement, 1947, Article V — Vienna Convention on Diplomatic Relations, 1961, Article 25 — United States Foreign Sovereign Immunities Act, 1976

International organizations — United Nations — Duties of host State — Provision of diplomatic immunity to accredited representatives of Member States — Provision of sufficient facilities to missions of Member States so as to enable them to perform diplomatic functions

Relationship of international law and municipal law — Treaties — Effect in municipal law — Interpretation by municipal courts — Interpretation of treaty provisions by treaty signatories — Whether binding on national courts

Treaties — Interpretation — Ordinary meaning — Interpretation of treaty provision by treaty signatories — Whether binding on national courts

Diplomatic relations — Immunity — Embassy property — Bank account — Whether liable to attachment — The law of the United States

Jurisdiction — Territorial — Acts performed in foreign country — Whether requirement that acts producing effect within prosecuting State — Whether sufficient that act performed with intention of producing effect — Drug trafficking — Allegation that General Noriega exploiting his position as Head of Panama’s armed forces to assist drug traffickers to import narcotics into the United States — Whether disclosing violations of United States law — Extraterritorial jurisdiction — Presumption against extraterritorial effect of legislation — Evidence of clear Congressional intention needed to rebut presumption

Jurisdiction — Executive — Consequences of illegal arrest — United States capturing Panamanian leader during military invasion of Panama and transporting him to United States to stand trial — Allegation that United States invasion violating rights of Panamanian people — Whether Fifth Amendment to United States Constitution applicable — Whether Court required to divest itself of jurisdiction under supervisory power doctrine Relationship of international law and municipal law — Act of State and justiciability — Nature of United States act of State doctrine — Purpose of doctrine — Whether confined to preventing courts from embarrassing Executive in conduct of foreign relations — Application of act of State doctrine to acts of Head of State — Whether confined to acts performed in official capacity — Distinction between official and private acts — Distinction between sovereign immunity and act of State doctrine

State immunity — Head of State immunity — Nature and purpose — Promotion of international comity and respect amongst sovereign nations — Distinction between official and private acts of Head of State — Whether Head of State entitled to claim immunity for acts performed in private capacity — Distinction between sovereign immunity and act of State doctrine

Diplomatic relations — Diplomatic representatives — Acquisition of diplomatic status — Process of accreditation — Requirement that sending State request diplomatic accreditation and receiving State accede to request — Whether possession of diplomatic passport constituting evidence of diplomatic status

War and armed conflict — Laws of armed conflict — Prisoners of war — Whether captured person entitled to prisoner of war status — Whether determination to be made by civil courts of detaining power — Criteria for establishing prisoner of war status — Jurisdiction of civil courts of detaining power to try prisoners of war for common crimes — Whether extending to crimes committed prior to outbreak of hostilities — Repatriation of prisoners of war — Whether prisoners of war facing criminal proceedings entitled to repatriation upon cessation of hostilities — Treatment of prisoners of war — Geneva Convention Relative to the Treatment of Prisoners of War, 1949, Articles 21, 22, 82, 84, 87, 108, 118 and 119

War and armed conflict — Application of the laws of armed conflict — Scope of application — War crimes and crimes against humanity — Charter of the International Military Tribunal, 1945, Article 6 — Whether provisions of Charter only applicable to prosecution of World War Two war criminals — Whether governing conduct of United States forces during invasion of Panama

War and armed conflict — Armed conflict — Definition — United States invasion of Panama — Whether constituting an armed conflict — Geneva Convention Relative to the Treatment of Prisoners of War, 1949, Article 2

Recognition — Governments — Effect of recognition and non-recognition — Effect in law of recognizing State — Whether leader of unrecognized government entitled to claim Head of State immunity

Relationship of international law and municipal law — Conduct of foreign relations — Political question doctrine — Invasion of Panama by United States military forces — Whether raising justiciable question — Relationship between political question doctrine and supervisory power doctrine

Relationship of international law and municipal law — Treaties — Effect in municipal law — Whether creating right to action — Criteria for determining whether treaty self-executing — United Nations Charter, 1946 — Charter of the Organization of American States, 1948 — Hague Convention Respecting the Laws and Customs of War on Land, 1907 — Geneva Convention Relative to the Treatment of Prisoners of War, 1949

Relationship of international law and municipal law — Conduct of foreign relations — Conclusiveness of recognition of foreign government by Executive — Whether leader of unrecognized government entitled to claim Head of State immunity

Diplomatic relations — Immunity — Nature of immunity — Whether based upon doctrine of functional necessity — Embassy premises — Lease — Eviction order — Whether embassy entitled to immunity from eviction — Principle of inviolability of mission premises — Scope — Whether limited to sudden or unexpected intrusions — Vienna Convention on Diplomatic Relations, 1961, Article 22

State immunity — Jurisdictional immunity — Foreign Sovereign Immunities Act — Relationship between international treaties providing for diplomatic privileges and immunities and the Foreign Sovereign Immunities Act — Whether international treaties taking precedence — Embassy premises — Lease — Eviction order — Whether embassy entitled to immunity from eviction — Principle of inviolability of mission premises — Scope — Whether limited to sudden or unexpected intrusions

Relationship of international law and municipal law — Treaties — Interpretation by municipal courts — Interpretation of treaty provisions by treaty signatories — Whether binding on national courts

Treaties — Interpretation — By municipal courts — Ordinary meaning of words — Travaux préparatoires — State practice — Interpretation of treaty provision by treaty signatories — Whether binding on national courts

Sources of international law — Treaties — Vienna Convention on Diplomatic Relations, 1961 — Whether declaratory of existing rules of customary international law — The law of the United States

Treaties — Definition — Understanding drafted by Organization for Economic Co-operation and Development — Whether a treaty — Formal designation less important than fact that binding obligations imposed

Treaties — Power to conclude — European Economic Community — Treaty-making powers of the Community and its Member States — Treaty on export credits — Whether falling within treaty-making power of Community — Power of Community to conclude treaties on matters in which it had internal legislative competence — Whether power exclusive or concurrent with powers of Member States — EEC Treaty, Articles 113, 114 and 228(1)

Economics, trade and finance — Commercial treaties — Treaty limiting export credits — OECD Understanding on Local Cost Standard — Participation in Understanding by the European Economic Community — The law of the European Economic Community

Treaties — Power to conclude — European Economic Community — Treaty-making powers of the Community and its Member States — Community possessing power to adopt internal legislation on subject — Whether possessing parallel power to conclude international agreements — Marine conservation — Community not yet exercising powers in this area — Whether Member States retaining power to act — Whether Member States under duty not to hinder future exercise of powers by the Community

Sea — Fisheries — Conservation — North-East Atlantic Fisheries Convention, 1959 — Effect on Member States of European Community — Whether conservation of fish stock matter for the Community or the Member States — Legislation by the Netherlands to implement recommendation of North-East Atlantic Fisheries Commission — Whether compatible with Community law — The law of the European Economic Community

Treaties — Power to conclude — European Economic Community — Treaty-making powers of the Community and its Member States — Community possessing power to adopt internal legislation on subject — Whether possessing parallel power to conclude international agreements — Transport — Whether Member States retaining power to act — Exclusive nature of Community powers — Certain Member States party to older treaties on same subject — New agreement to amend older treaties — Whether legitimate for Member States to participate for purpose of amending older treaties — Mixed agreements — Establishment of international organization — Participation in organization by Community

Rivers — International management — Rhine — Moselle — Revised Convention for the Navigation of the Rhine, 1868 — Convention for the Canalization of the Moselle, 1956 — Attempts to revise — Creation of European Laying-up Fund for Inland Waterway Vessels — Participation by Member States of the European Economic Community — Whether permissible — Whether compatible with Community law

International organizations — Establishment and membership — European Laying-up Fund for Inland Waterway Vessels — Participation by European Economic Community and Member States — The law of the European Economic Community

Treaties — Power to conclude — European Atomic Energy Community — Treaty-making powers of the Community and its Member States — Community possessing power to adopt internal legislation on subject — Whether possessing parallel power to conclude international agreements — Transport of nuclear material — Draft Convention prepared by International Atomic Energy Agency — Member States proposing to become parties without participation by Community — Whether Member States retaining power to act — Whether Community must also become a party — Convention imposing obligations which would require exercise of powers by Community — The law of the European Atomic Energy Community

Treaties — Power to conclude — European Economic Community — Treaty-making powers of the Community and its Member States — Community possessing power to adopt internal legislation on subject — Parallel power to conclude international agreements — Common commercial policy — Agreements falling within the scope of common commercial policy — Not confined to traditional trade and tariff agreements — Agreement for creation of an international organization to regulate the market in natural rubber — Whether Community competent to become party to the agreement — Whether Community powers exclusive of Member States — Agreement also dealing with commodity prices and availability of strategic product — Development aid aspects — Agreement applicable to certain dependent territories outside Community — Whether sufficient to remove agreement from scope of Community competence — Financial burden to be borne by Member States — Whether preventing Community competence becoming exclusive — Mixed agreements

International organizations — Establishment and membership — Proposal to create international rubber organization — Whether European Economic Community able to participate — Whether Member States of Community able to participate concurrently

Economics, trade and finance — Commodity agreements — Draft agreement to regulate market in natural rubber — Use of buffer stock — Financing of buffer stock — Participation of European Economic Community — Whether part of common commercial policy of Community — The law of the European Economic Community

Treaties — Power to conclude — European Economic Community — Treaty-making powers of the Community and its Member States — Community possessing power to adopt internal legislation on subject — Parallel power to conclude international agreements — Whether exclusive of powers of Member States — International Labour Organization agreements — Right of Community to participate in these agreements — Health and safety at work — Whether a matter of exclusive Community competence — Express and implied powers to conclude agreements — Mixed agreements

International organizations — International Labour Organization — Participation of European Economic Community in work of the Organization — Community an observer at ILO — Whether Community entitled to become party to ILO conventions — Community decision on procedure to be followed by Member States of Community in the negotiation of ILO conventions

Relationship of international law and municipal law — Treaties — Relationship of European Community law and international law — Capacity of Community to conclude international agreement — Assessment by Court of Justice of the European Communities — Capacity as a matter of Community law distinct from capacity under international law or under constitution of international organization — The law of the European Economic Community

Sea — Maritime boundaries — Continental shelf — Fishery zone — Principles regarding delimitation — Whether same principles applicable to shelf and zone — States concerned parties to Geneva Convention on the Continental Shelf, 1958 — 1958 Convention, Article 6 — Applicability to area falling outside definition of continental shelf in 1958 Convention, Article 1 — Relationship to customary international law — Opposite coasts — Median line as starting point — Special circumstances — Whether the same as relevant circumstances under customary law — Equity — Marked disparity in length of opposing coasts — Principle of proportionality — Other potentially relevant factors — Dependence on fisheries — Size of population — Security — Whether Court empowered to draw single line of delimitation for both continental shelf and fishery zones

Sea — Continental shelf — Juridical nature of continental shelf — Evolution of continental shelf regime — Definition of continental shelf — Declining importance of principle of natural prolongation — Proportionality between length of coast and area of continental shelf — Relationship between continental shelf, exclusive economic zone and fishery zone

Sea — Fisheries — Fishery zone — Nature — Whether legal concept — Relationship with exclusive economic zone — Delimitation between opposite States with overlapping claims to fishery zones — Principles of customary international law applicable to delimitation — Relationship with treaty principles regarding delimitation between overlapping continental shelf claims — Equidistance principle — Relevant circumstances — Equity

Sea — Islands — Entitlement to continental shelf and fishery zone — Greenland — Jan Mayen — Whether size, location or population of island relevant — Distinction between island and rock not entitled to maritime area

International Court of Justice — Jurisdiction — Optional clause — Maritime boundary dispute brought before Court under Article 36(2) of the Statute of the Court — Powers of the Court — Dispute relating to boundary between continental shelf areas and fishery zones — Whether Court empowered to draw single maritime boundary in absence of special agreement between the Parties

International Court of Justice — Judicial process — Law to be applied — Equitable principles — Application of equity distinguished from decision ex aequo et bono — Judicial discretion — Delimitation of maritime boundary

Sources of international law — Treaties — Customary international law — Relationship between treaty and custom — Principles of maritime boundary delimitation — Relationship between provisions of Geneva Convention on the Continental Shelf, 1958, Article 6 and customary law — Effect of United Nations Convention on the Law of the Sea, 1982, on customary international law — Equity as source of international law

Treaties — Application — Interpretation — Geneva Convention on the Continental Shelf, 1958, Article 6