Diplomatic relations — Embassy — Jurisdiction of sending State over crimes and torts committed within embassy — Basis for jurisdiction — Whether territorial — Whether embassy part of the territory of the sending State

Jurisdiction — Principles — Territorial principle — Protective principle — Nationality principle — Jurisdiction of sending State over crimes and torts committed in embassy — Whether based on territorial principle — Extraterritorial jurisdiction — Presumption against extraterritorial effect of legislation — Jurisdiction over foreign States — Principles on which one State may assert jurisdiction in respect of acts of another State — United States Foreign Sovereign Immunities Act 1976 — Whether Act the sole basis for United States courts to assert jurisdiction in respect of acts of another State

State immunity — Jurisdictional immunity — Torts — Exception to immunity in respect of non-commercial torts — Whether requirement that tort must take place within territory of the United States — Alleged tort occurring within United States embassy — The law of the United States

State immunity — Jurisdictional immunity — Nature of immunity — Absence of immunity a jurisdictional requirement — Exception to immunity — Non-sovereign acts — Assassination of United States national working in Iran — Whether falling within exception for non-commercial torts — Whether falling within commercial activity exception in view of deceased's employment — Requirement of direct effect within the United States — Requirement of substantial connection between murder and commercial activity — Waiver — Iran-United States Treaty of Amity, 1955 — The law of the United States

Governments — Change of government — Effects — Action by new government to recover property allegedly misappropriated by former Head of State — United States foreign relations interests

Relationship of international law and municipal law — Act of State and justiciability — Political question doctrine — Algerian Accords, 1981 — Actions by Islamic Republic of Iran in United States courts — Undertaking by United States Government to explain to courts that actions regarding property of former Shah not barred by sovereign immunity or act of State doctrine — Whether guaranteeing forum for adjudication of claims by Iran

Treaties — Effect in municipal law — Whether Algerian Accords violate United States Constitution — Interpretation — Principles of interpretation — The law of New York

Governments — Change of government — Effects — Action by new government to recover property allegedly misappropriated by former Head of State — United States foreign relations interests with regard to new government — Status in United States law of former Head of State

Relationship of international law and municipal law — Act of State and justiciability — Whether act of State doctrine operates to bar inquiry into legality of acts of former Head of foreign State — Whether acts concerned of a private or official character

State immunity — Head of State’s immunity — Whether applicable to former Head of State — Whether applicable in respect of private acts of Head of State — Alleged misappropriation of funds — Former Head of State not appearing in case — Whether other defendants entitled to raise plea of immunity on his behalf

Expropriation — Definition — Measures by new government to recover property allegedly misappropriated by former Head of State — Whether involving an expropriation — The law of the United States

Governments — Change of government — Effects — Former Head of State — Status in United States law — Whether entitled to immunity

State immunity — Head of State's immunity — Nature and purpose — Whether right of the State or the individual — Waiver — Whether capable of being waived by State against wishes of individual — Former Head of State — Waiver of immunity by current government

Diplomatic relations — Immunity — Head of State — Nature of Head of State's immunity — Waiver — Waiver of immunity of former Head of State by current government — The law of the United States

Governments — Change of government — Effects — Action by new government to recover property allegedly misappropriated by former Head of State — United States foreign relations interests with regard to new government and possible future governments — Status in United States law of former Head of State

Jurisdiction — Territorial — Acts in foreign country producing effects within the United States — Racketeering — Allegation that Government of the Republic of the Philippines a corrupt organization during presidency of Ferdinand Marcos — Whether disclosing violations of United States law — Racketeer Influenced and Corrupt Organizations Act — Extraterritorial jurisdiction — Injunctions — Interim injunction restraining dealings with property held by, or on behalf of, Mr and Mrs Marcos — Application to property situated outside United States

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 — Request by current government of foreign State that United States courts inquire into actions of former Head of State — Executive indications that it wished courts to accede to this request — Whether decisive — 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 — Whether doctrine ceasing to apply when Head of State deposed — Relationship of act of State doctrine and political question doctrine — The law of the United States

Jurisdiction — Over foreign States — Principles on which one State may assert jurisdiction in respect of acts of another State — United States Foreign Sovereign Immunities Act 1976 — Whether Act the sole basis for United States courts to assert jurisdiction over foreign States — Alien Tort Statute 1789 — Whether providing alternative basis for jurisdiction — Attack on neutral merchant ship on the High Seas — Whether occurring in waters within the jurisdiction of the United States — Presumption against extraterritorial effect of legislation

State immunity — Jurisdictional immunity — Violations of international law — Whether foreign State entitled to immunity for acts contrary to international law — Exception to immunity in respect of non-commercial torts — Whether limited by principle of territorial jurisdiction — Waiver — Whether conclusion of treaty amounting to waiver of immunity — Multilateral conventions — Whether ratification may be deemed to constitute waiver of immunity in United States courts

Relationship of international law and municipal law — Customary international law — Enforcement by municipal courts — United States Alien Tort Statute 1789

Sea — High seas — Freedom of passage — Neutral merchant ship on high seas during armed conflict — Jurisdiction

Treaties — Application by municipal courts — Whether creating private rights of action — Geneva Convention on the High Seas, 1958 — Pan-American Maritime Neutrality Convention, 1928

War and armed conflict — Neutrality — Naval warfare — Attack on neutral ship on high seas — Whether violating international law — The law of the United States

International organizations — Personality — Concept of international legal personality — Whether organization a legal entity distinct from its members — Whether personality of organization excludes liability of members for obligations incurred by the organization — Whether principle of international law that members incur concurrent or secondary liability for debts of organization in absence of provision excluding or limiting liability — International Tin Council — Sixth International Tin Agreement, 1982 — Comparison with constitutions of other international organizations — Whether International Tin Council contracted as agent for its members — Legal personality of international organization in English law — Whether distinct from personality of organization in international law — International Organizations Act 1968 — International Tin Council-United Kingdom Headquarters Agreement, 1972 — International Tin Council (Immunities and Privileges) Order 1972 — Provision that Council should have the legal capacities of a body corporate — Whether conferring legal personality in English law — Whether a recognition of Council’s international legal personality — Whether English courts entitled to consider Sixth International Tin Agreement to determine scope and nature of Council’s personality

International organizations — Constitutions — International Tin Council — Whether Council controlled by its members — Whether a separate entity from its members — Whether Council contracted as agent for its members

Relationship of international law and municipal law — Act of State and justiciability — Doctrine of non-justiciability in English law — Scope and extent — Principle that unincorporated treaties cannot change English law — Principle that English courts cannot enforce an unincorporated treaty — Act of State doctrine — Principle that English courts will not sit in judgment upon transactions between sovereign States — Relationship between the different principles of act of State and non-justiciability — Relationship between act of State and non-justiciability and principles of sovereign immunity

Relationship of international law and municipal law — Custom — Whether part of the law of England — Extent to which English courts may apply rules of international law — Uncertain state of rules in question — Role of the English courts in determining content of international law — Treaties — Application by municipal courts — Treaty not incorporated into municipal law by legislation — Whether municipal courts may enforce obligations of States derived from treaty — Whether municipal courts may refer to treaty establishing international organization in order to establish nature of organization’s personality in international law

Sources of international law — Customary international law — Criteria for determining existence of rule of international law — Need for general acceptance of rule by civilized nations — Treaties — Treaties establishing international organizations — Significance of presence in certain treaties of provisions excluding liability of members for debts of organization — Writings of publicists — The law of England