International Court of Justice Disputes — Nature of dispute — Definition — Different views of dispute — When dispute sufficiently defined for adjudication — Agreement to submit whole dispute to International Court of Justice — Whether unilateral application by one Party placed whole dispute before the Court

International Court of Justice — Jurisdiction — Requirement of consent — Agreement between Parties to submit whole dispute to Court — Relationship between jurisdiction and seisin — Method of seisin — Whether agreement envisaged seisin by unilateral application — 1987 and 1990 agreements between Bahrain and Qatar — Whether sufficient to provide basis for the jurisdiction of the Court — Whether consent to jurisdiction conditional upon conclusion of a special agreement — Invitation by Court to Parties to submit whole dispute to the Court by joint or separate acts — Submission by one Party acting alone — Whether sufficient — Admissibility

International Court of Justice — Procedure — Method of seisin — Unilateral application — Procedural consequences — Invitation by Court to Parties to submit whole dispute to it by joint or separate acts — Whether Court envisaging coordinated acts by both Parties — Unilateral act by one Party — Time-limits for filing of Memorials

Treaties — Definition — Essential nature of a treaty — Form of agreement irrelevant — Treaty contained in several separate instruments — Minutes of a meeting — Whether capable of amounting to a treaty — Intention of the parties — Foreign Minister not authorized to sign binding agreement and not intending to do so — Whether preventing minutes from constituting a treaty — Vienna Convention on the Law of Treaties, 1969, Article 2(l)(a)

Treaties — Interpretation — Principles of interpretation — Common intention of the parties as revealed in the text — Recourse to supplementary means of interpretation — Travaux préparatoires — Recourse to negotiating history to confirm interpretation of text — Effect of conflict between interpretation reached by study of text and negotiating history

State immunity — Jurisdictional immunity — Construction contract — United States naval base in the Philippines — Tender by private company for repairs to shore installations — Claim against United States for breach of contract — Whether United States entitled to jurisdictional immunity — Restrictive doctrine of State immunity — Distinction between acts performed jure imperii and jure gestionis — Whether contract relating to exercise of sovereign functions — Whether conclusion of contract by United States Government constituting waiver of immunity — Philippines-United States Military Bases Agreement, 1947 — The law of the Philippines

State immunity — Jurisdictional immunity — Contracts of employment and commercial concessions — United States air force base in the Philippines — Disputes concerning employment of cook at restaurant and concession for barbers’ shops — Claims against United States — Whether United States entitled to jurisdictional immunity — Restrictive doctrine of State immunity — Whether contracts relating to exercise of commercial functions — Whether entry into contracts by United States Government constituting waiver of immunity — Philippines-United States Military Bases Agreement, 1947

State immunity — Jurisdictional immunity — United States armed forces — United States agents abroad acting in the performance of official duties — Undercover surveillance of drug offences — Claim for damages by alleged offender against agents — Whether United States entitled to invoke jurisdictional immunity as bar to claim

Relationship of international law and municipal law — Rules of customary international law — Incorporation into municipal legal order — Philippine Constitution, Article II(2) — The law of the Philippines

International organizations — Immunity — Jurisdictional immunity — Scope of immunity from legal process — Application to Philippine authorities by local trade unions for certification election in order to recruit staff of international organizations — Whether certification likely to lead to legal proceedings constituting undue interference in affairs of international organizations — Exclusion of jurisdiction of municipal courts over employment disputes — Convention on Privileges and Immunities of Specialized Agencies of the United Nations, 1947, Section 31 — Requirement for specialized agencies to make provision for settlement of disputes

Human rights — Freedom of association — Recruitment of members by trade unions — Application by local trade unions for right to recruit staff of international organizations — Reliance on immunity from local jurisdiction by international organizations in order to block application — Whether depriving workers of basic constitutional rights — Whether alternative remedies to workers available for settlement of employment disputes

International organizations — United Nations — Specialized agencies — Definition and functions — United Nations Charter, 1945, Articles 57 and 63 — The law of the Philippines

State immunity — Jurisdictional immunity — Foreign States — Holy See — Dispute concerning sale of land — Scope of entitlement of Holy See to jurisdictional immunity — Distinction between acts performed jure gestionis and jure imperii — Land obtained to provide premises for diplomatic mission — Whether disposal of such land constituting act performed jure imperii

States — Holy See — Vatican City — Status under international law — Lateran Treaty, 1929 — Entitlement of Holy See to jurisdictional immunity

States — Sovereignty and independence — Executive certificate — Determination by executive of entitlement to State immunity and diplomatic immunity — Whether binding upon municipal courts

Relationship of international law and municipal law — Constitutional provisions — Philippine Constitution 1987, Article II(2) — Incorporation of generally accepted principles of international law into municipal law — The law of the Philippines

International organizations — Officials — Immunity — European Organization for Nuclear Research (“cern”) — Entitlement of officials to immunity from taxation in receiving State — CERN-Switzerland Headquarters Agreement, 1955, Article 17 — Scope of exemption from taxation — Whether extending to surtax on housing subsidy received by official — Limitation of fiscal immunity by reference to purpose for which it is granted — The law of Switzerland

Diplomatic relations — Inviolability of diplomatic mission — Duty of receiving State to protect embassy premises — Vienna Convention on Diplomatic Relations 1961, Article 22(2) — Occupation of embassy and taking of hostages by foreign dissidents — Whether authorities in receiving State entitled to institute criminal proceedings for offences committed on embassy premises — Whether embassy premises forming part of territory of receiving State

Relationship of international law and municipal law — Crimes against international law — Seizure of embassy and taking of hostages — Whether perpetrators subject to criminal prosecution in receiving State — Whether defence of necessity available to perpetrators seeking to draw attention to unlawful acts of communist government — Principle of proportionality — The law of Switzerland

State immunity — Jurisdictional immunity — Lease — Eviction order obtained against Permanent Mission of foreign State — Whether Mission has locus standi — Whether Mission merely acting as agent of foreign State — Whether proceedings violating rules of State immunity

Diplomatic relations — Inviolability of diplomatic mission — Service of writ on premises of mission — Whether violating Vienna Convention on Diplomatic Relations, 1961, Articles 22(1) and 30

Diplomatic relations — Immunity from jurisdiction and execution — Proceedings for obtaining and enforcing eviction order against diplomatic mission — Whether violating Vienna Convention on Diplomatic Relations 1961, Articles 22(1) and 30 — Waiver — Conditions — Vienna Convention, Article 32 — The law of Switzerland

International organizations — Officials — Immunity — European Community — Permanent Delegation to international organizations in Geneva — Employees of foreign nationality — Exemption from social security contributions — Whether person enjoying exemption entitled to make voluntary contributions — Vienna Convention on Diplomatic Relations, 1961, Article 33 — Contributions made in good faith under mistake — Whether refundable

Treaties — Effect on third parties — Vienna Convention on Diplomatic Relations, 1961, Article 48 — Whether Convention applicable to representatives of inter-State organizations — Application by analogy and special agreement — Whether social security provisions of Convention applicable to members of Permanent Delegation of European Community to international organizations in Geneva — The law of Switzerland

International organizations — Officials — Immunity — Exemption from taxation — Whether official can be regarded as taxpayer in receiving State — Loan made by international official to property company in receiving State — Whether interest paid to official deductible by company for tax purposes — Difference in treatment between diplomatic missions of foreign States to international organizations and officials of such organizations — Whether constituting inequality of treatment — Vienna Convention on Diplomatic Relations, Article 34 — Application to international officials by analogy — The law of Switzerland

International organizations — Officials — Immunity — Scope — Whether officials liable to expulsion from receiving State — Officials not assimilated to diplomatic agents — Agreement on the Privileges and Immunities of the United Nations, 1946, Article V, Sections 15 and 16 — Immunity limited to acts performed in an official capacity — Exemption from immigration restrictions and alien registration — Whether including immunity from expulsion

Aliens — Expulsion — Officials of international organizations — International officials not assimilated to diplomatic agents — Whether subject to expulsion in absence of express treaty provisions to the contrary — Inherent power of receiving State to secure order in its territory — The law of Switzerland

State immunity — Head of State — Scope of immunity from criminal jurisdiction — Whether absolute — Whether differing from scope of immunity from civil jurisdiction — Waiver — Conditions — Rules of customary international law — Vienna Convention on Diplomatic Relations, 1961, Article 32 — Application to head of State by analogy

State immunity — Head of State — Former head of State — Whether entitled to immunity from the criminal jurisdiction of courts in other States — Whether immunity subsisting in relation to acts performed in exercise of functions — Rules of customary international law — Vienna Convention on Diplomatic Relations, 1961, Article 39 — Application to head of State by analogy — The law of Switzerland

Diplomatic relations — Immunity — Attachment and execution — Bank account — Requirement that funds identifiably allocated for financing of diplomatic mission — Burden of proof

State immunity — Attachment and execution — Bank account — Funds allocated for diplomatic functions — Whether immunity extending to funds designated for payment of accommodation costs of diplomatic mission — The law of Switzerland

International organizations — Immunity — Jurisdictional immunity — European Organization for Nuclear Research (“cern”) — Dispute concerning construction contract — Contract providing for ad hoc arbitration — Arbitral award — Application to municipal court for annulment of award — Whether CERN entitled to jurisdictional immunity — cern-Switzerland Headquarters Agreement, 1955 (Articles 1 and 6) — Scope of immunity of cern from legal process — Whether entitled to absolute immunity — Requirement for cern to make provision for settlement of disputes (Article 24 of Agreement) — Whether provision in contract for ad hoc arbitration constituting waiver of immunity — Nature of arbitration procedure — Whether excluding jurisdiction of courts of forum State

Arbitration — Agreement to arbitrate — Ad hoc arbitration between international organization and private company — Arbitration clause inserted in contract — Whether excluding jurisdiction of forum State

Arbitration — Award — Recognition — Action for annulment before municipal courts — Arbitration between international organization and private company — Provision in arbitral agreement that award shall be final — Whether jurisdiction of courts of forum State excluded — The law of Switzerland

Air — Air services agreements — Structure and purpose — Airport landing rights — User charges imposed at airports — Nature of State's duty where user charges imposed by private body — Requirement to use best efforts — Principle of non-discrimination — Requirement that charges should be reasonable — Settlement of disputes regarding air services agreement — United Kingdom-United States Air Services Agreement 1977 (“Bermuda 2”)

Arbitration — Award — Request for clarification of award — Whether within powers of tribunal — Procedure — Rules of procedure — Ad hoc arbitration between States — Power of tribunal to establish rules of procedure

Claims — Local remedies rule — Applicability of rule — Distinction between claims of diplomatic protection and claims concerning wrongs committed against the State — Obligations of contract and obligations of result

Economics, trade and finance — Air services — Airport user charges — Requirement that charges must be reasonable — Criteria for determining whether charges reasonable — Economic evidence — Distinction between structure and level of charges

International tribunals — Arbitral tribunals — Inter-State arbitration — Ad hoc tribunal — Jurisdiction — Procedure

State responsibility — For breach of treaty — Nature of State's obligations under treaty — Obligations of conduct and obligations of result — Distinction — Requirement that State use best efforts — Airport user charges — Obligations of State in respect of charges determined by private airport authority

Treaties — Application — Interpretation — United Kingdom-United States Air Services Agreement, 1977 (“Bermuda 2”) Settlement of disputes