International organizations — Personality — Concept of international legal personality — Whether international organization possessing legal personality in English law — Organization of which United Kingdom not a member — Arab Monetary Fund — Whether legal personality of Arab Monetary Fund under international law can be recognized by English courts — Whether Arab Monetary Fund has standing to sue in English courts — Arab Monetary Fund Agreement, 1976 — Incorporation of Agreement into law of United Arab Emirates — Whether conferring legal personality under United Arab Emirates law — Whether English courts may treat Arab Monetary Fund as a legal person deriving status from law of United Arab Emirates

Relationship of international law and municipal law — Act of State and justiciability — Doctrine of non-justiciability in English law — Scope and extent — Principle that English courts may not adjudicate upon or enforce treaties — Extent to which existence of treaty must be taken into account by English courts — Relevance of treaty creating Arab Monetary Fund in determining effect of legislation in United Arab Emirates conferring legal status upon Arab Monetary Fund

Treaties — Application by municipal courts — Principle that English courts may not adjudicate upon or enforce a treaty — Treaty establishing Arab Monetary Fund — Whether English courts may treat Arab Monetary Fund as possessing legal personality and standing to sue in English courts — Extent to which English courts may take treaty into account

Comity — Recognition of foreign laws — United Arab Emirates law giving effect to legal personality of Arab Monetary Fund — Whether English courts required or entitled to recognize personality of Arab Monetary Fund under that law — The law of England

Human rights — Freedom of expression — European Convention on Human Rights, 1950, Article 10 — Limitations on freedom of expression — Broadcasting — Ban on broadcasting direct speech of representatives of terrorist and related organizations — Whether justifiable

Relationship of international law and municipal law — Treaties — Effect in municipal law — Treaty not implemented by legislation — Whether part of domestic law — Presumption that Parliament does not intend to legislate contrary to treaty obligations — Extent of presumption — Unambiguous legislation — Legislation conferring discretion upon minister — Whether Parliament presumed to intend that discretion be exercised in accordance with treaty — European Convention on Human Rights, 1950 — The law of England

States — Continuity — Recognition — Estonia — Annexation by USSR in 1940 — Recognition by United Kingdom that Republic of Estonia had de facto ceased to exist — Whether Estonia continuing to exist de jure — Whether State can exist de jure but not de facto — Annexation not recognized at all by the United States — Ownership of Estonian State property in the United Kingdom — Whether anyone authorized to act on behalf of Estonia — Developments in Estonia — Possible re-emergence of Estonian State — Relationship of such State with pre-1940 Republic of Estonia

Governments — Recognition — Continued existence of State in absence of government — Estonia — Policy of United Kingdom — Recognition of de facto incorporation into USSR — Whether anyone authorized to act on behalf of Estonia

Recognition — States — Effects of recognition — Recognition de facto and de jure — Recognition of governments

Diplomatic relations — Diplomatic representatives — Authority to appoint — Estonia — Death of last diplomatic representative accredited to United Kingdom prior to annexation of Estonia — Whether any entity authorized to appoint new diplomatic representatives — Estonian Consul-General in United States — Whether entitled to act on behalf of Estonia in the United Kingdom — Diplomatic premises — Property used for Estonian Legation in United Kingdom — Proceeds of sale — Possible future use — The law of England

Relationship of international law and municipal law — Recognition and enforcement of foreign laws — Public law of foreign State — Principle that foreign public law not enforceable — Defendant charged with criminal offence — Release subject to bond requiring payment of money if defendant failed to appear when ordered to do so — Proceedings to obtain payment under bond — Whether part of criminal process — Whether involving enforcement of foreign public law — The law of England

Extradition — Double criminality — Requirement that conduct constitutes an offence under laws of both requested and requesting State — Whether requirement satisfied by corresponding substantive elements of offence — Requirement of trespass for English offence of burglary not required under laws of District of Columbia, United States — Burglary allegedly committed in District of Columbia on instructions of applicants in United Kingdom — Evidence required to establish double criminality

Extradition — Political offence exception — Allegation by applicants that offences committed to alter United States Government policy towards religious sect — Whether offences of a political nature — Onus on applicants to establish that offence political

Extradition — Rights of suspect — Whether extradition of United Kingdom national contrary to Article 48 of Treaty establishing the European Economic Community

Relationship of international law and municipal law — Enforcement of foreign public laws — Contrary to international law — Whether extradition would result in enforcement of foreign public law — United States Freedom of Information Act — Whether extradition sought to punish for violation of foreign statute and not for the offence of burglary — The law of England

Extradition — Procedure — Evidence — Admissibility of evidence obtained in third State — Issue of second order regarding extradition, while applicant in custody under first order — First order subsequently withdrawn — Applicant released and rearrested — Time-limits — Abuse of process

Jurisdiction — Territorial — Territorial limits of jurisdiction — Extradition — Extradition request to United Kingdom from Federal Republic of Germany in respect of offence committed in Bolivia — The law of England

Jurisdiction — Territorial — Conspiracy — Agreement concluded outside territorial jurisdiction — Continuation of agreement within territory — Acts within territory in furtherance of conspiracy — Acts of parties to agreement — 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

Extradition — Double criminality — Jurisdiction — Whether crime would have been within jurisdiction of requested State — The law of Hong Kong

Extradition — Extraditable offence — Whether specific reference required in treaty to render offence extraditable — Drug-related offence — Whether conspiracy to commit a drug-related offence extraditable — Inference from other drug-related offences in treaty — Extradition request from the United States of America to the Commonwealth of the Bahamas — United Kingdom-United States Extradition Treaty, 1931, Article 3 — United Kingdom Extradition Act 1870

Relationship of international law and municipal law — Treaties — Whether exchange of notes requires incorporation into domestic law to be effective — United Kingdom-United States Extradition Treaty, 1931 — Whether Exchange of Notes between the Bahamas and the United States purporting to give continued effect to Treaty effective

State succession — Treaties — Extradition treaty — Whether newly independent State succeeds to rights and obligations under extradition treaty — United Kingdom-United States Extradition Treaty, 1931 — Extradition request from United States to the Commonwealth of the Bahamas — Exchange of Notes between the Commonwealth of the Bahamas and the United States of America, 1978 — Whether sufficient for continued effect of treaty

Treaties — Duration — State succession — Extradition treaty — Whether binding upon newly independent State — Whether exchange of notes between newly independent State and other party to treaty sufficient to continue treaty in force — The law of the Bahamas

Extradition — Armed forces — Deserter — Whether surrender to requesting State required when desertion occurred in third State and not as member of visiting armed forces in requested State — Desertion of United States national in Vietnam — Long-term resident in Australia — Interpretation of relevant domestic legislation — Whether to be narrowly construed

Jurisdiction — Immunity — Armed forces — Deserter — Whether military authorities immune from jurisdiction of municipal courts of foreign State when seeking return of deserter from that State — Whether requirement that desertion occurred in the foreign State and not a third State for immunity from jurisdiction — Interpretation of Australian legislation — Whether principles of international law applicable — United States military authorities — Desertion of United States national in Vietnam — Resident in Australia since desertion

Relationship of international law and municipal law — Armed forces — Jurisdiction of municipal courts over visiting foreign armed forces — Whether international law permits entry of foreign military authorities for apprehension of deserter from foreign armed forces — Whether consent to entry of foreign armed forces to territory constitutes waiver of jurisdiction of municipal courts over those armed forces — Whether requirement that desertion occurred when deserter a member of a visiting armed force and not in a third State — Whether municipal statute to be construed in light of international law — Whether international law sufficiently defined to act as aid to interpretation — The law of Australia

Aliens — Deportation — Refugees — Asylum — Criteria for grant of — Relevant factors for consideration — Test of well-founded fear of persecution — Geneva Convention relating to the Status of Refugees, 1951 — New York Protocol relating to the Status of Refugees, 1967 — Grant of residency permits on humanitarian and compassionate grounds — Criteria for humanitarian and compassionate grounds — Duties of State in assessment of refugee status

Treaties — Interpretation — Geneva Convention relating to the Status of Refugees, 1951 — New York Protocol relating to the Status of Refugees, 1967 — Well-founded fear of persecution — Meaning — Whether test subjective or objective — Relevant factors for consideration — The law of Australia

Aliens — Entry — Discretion of Minister of Immigration to grant entry permits — Scope of discretion — Whether a duty to have regard to State’s international obligations when exercising discretion — Visiting sports team from South Africa to New Zealand — International Convention on the Elimination of All Forms of Racial Discrimination, 1965 — Effect of Convention in municipal law — Whether reference to specific group required in Convention to render an action a violation of the Convention

Relationship of international law and municipal law — Treaties — Application by municipal courts — Incorporation into domestic law — Entry permits — Whether Minister of Immigration’s discretion to grant permits to be exercised with regard to State’s international obligations — Whether treaties require full incorporation into municipal law to impose duty on Minister to have regard to treaty when exercising discretion — International Convention on the Elimination of All Forms of Racial Discrimination, 1965 — Visiting sports team from South Africa

Treaties — Application — By municipal courts — Whether full incorporation into domestic law required to make treaty enforceable in municipal law — International Convention on the Elimination of All Forms of Racial Discrimination, 1965 — Whether Minister exercising a discretion bound to have regard to State’s international obligations — Whether duty imposed depends whether importance of issue such that Parliament must have intended that exercise of discretion performed in light of international obligations in absence of specific incorporation — The law of New Zealand

Jurisdiction — Territorial — Territorial limits of jurisdiction — Jurisdiction of court to grant order regarding detainees held in foreign State — Namibians detained in territory of People’s Republic of Angola — Action against South West Africa People’s Organization — Whether order for release could be effective — United Nations Settlement Plan for Namibia — Extent of obligation to release detainees

International organizations — United Nations — Settlement Plan for Namibia — Responsibility of United Nations officials for securing release of detainees — The law of South West Africa

State immunity — Jurisdictional immunity — United States Foreign Sovereign Immunities Act 1976 — Tort exception — Action for damages against a foreign State — Whether applicable only where act or omission occurs within the United States

Jurisdictional immunity — Waiver — Whether ratification of treaties constitutes waiver of immunity — Whether individual can rely on State’s ratification of treaties to bring action — United Nations Charter — Helsinki Accords — United States Foreign Sovereign Immunities Act 1976 — Individual seeking damages for foreign State’s refusal to allow spouse to leave country — Damages for mental and physical distress and violation of rights of consortium

Treaties — Application — Whether treaties creating private rights of action — Whether private rights dependent on whether treaty self-executing — United Nations Charter — Helsinki Accords — Whether ratification of treaties constitutes implicit waiver of State immunity — Action for damages by individual against foreign State — The law of the United States

International Court of Justice — Judgments — Legal effects — Military and Paramilitary Activities in and Against Nicaragua case — Violation of principles of customary international law and treaty obligations — Whether judgments of International Court of Justice enforceable by individuals in municipal courts — Whether obligation of State to abide by decisions of International Court of Justice is peremptory norm — Continued United States support for rebel movement in Nicaragua

Relationship of international law and municipal law — Act of State and justiciability — Justiciability of foreign relations questions — Political question doctrine — United States support for rebels in Nicaragua — Judgment of International Court of Justice in Military and Paramilitary Activities in and against Nicaragua case — Whether importance of issue can render it justiciable where otherwise non-justiciable

Relationship of international law and municipal law — Jus cogens — Effect in domestic legal system — Whether the same as on international plane — Whether enforceable by municipal courts

Relationship of international law and municipal law — Treaties — Application by municipal courts — Whether violation of treaty obligations by State can be remedied in municipal court — Whether subsequent legislation prevails over treaty — Whether treaty violation vests right of action in individuals — United States support for Contra rebel movement — United Nations Charter — Treaty of Friendship, Commerce and Navigation between the United States and Nicaragua, 1956

Sources of international law — General — Jus cogens — Whether obligation on States to abide by judgments of the International Court of Justice constitutes peremptory norm of international law — Criteria for jus cogens — State practice — Vienna Convention on the Law of Treaties, 1969, Article 53

Treaties — Application — By municipal courts — Whether treaty provisions give rise to rights enforceable by individuals — Whether violations of treaty obligations by States can be remedied in municipal courts — Effect of subsequent legislation on treaty obligations — United States support of Contra rebel movement in Nicaragua — United Nations Charter — Treaty of Friendship, Commerce and Navigation between the United States and Nicaragua, 1956 — The law of the United States

Jurisdiction — Executive — United States agents conducting search of Mexican national’s property in Mexico — Consent of Mexican authorities — Evidence obtained during search used in prosecution of Mexican national in United States — Whether Fourth Amendment to the United States Constitution applicable to search of alien’s property in foreign State — Whether requirement to obtain warrant authorizing search practicable

Relationship of international law and municipal law — In general — International law restrictions upon the exercise of power by one State in the territory of another — Relationship to constitutional provisions in first State — The law of the United States

International Court of Justice — Advisory jurisdiction — Effect of advisory opinions — Issue before the Court not a dispute — Advisory opinions on legal questions not binding — Consent of States not required for jurisdiction — Convention on the Privileges and Immunities of the United Nations, 1946, Article VI, Section 22 — Applicability to an expert performing mission for United Nations within his State of nationality

International organizations — Officials — Status — Whether special rapporteur is expert on mission under Article VI, Section 22, of the Convention on Privileges and Immunities of the United Nations, 1946 — Whether eligible for immunity in State of nationality — Whether immunity subsists until mission concluded Treaties — Application — Convention on the Privileges and Immunities of the United Nations, 1946 — Interpretation — Definition of “mission” for purposes of Article VI, Section 22, of the Convention — Whether immunity of expert on mission applicable in State of nationality — Effect of reservations

Expropriation — Definition — Taking of property — Iran-United States Treaty of Amity, Economic Relations and Consular Rights, 1955, Article IV(2) — Whether formal act of nationalization required — Creeping expropriation — Appointment of temporary manager to administer company — Owner deprived of right to manage company — Whether a taking of property — Other acts of interference with property — Date of taking — Nature of property expropriated — Physical assets — Intangible property — Ancillary rights — Right to repayment of loans made to company — Interests in property — Whether including indirect ownership of property through foreign subsidiary

Expropriation — Compensation — Standard of compensation — Iran-United States Treaty of Amity, Economic Relations and Consular Rights, 1955, Article IV(2) — Requirement of just compensation based upon full equivalent of property taken — Whether including loss of future profits — Whether distinction between lawful and unlawful expropriations

Expropriation — Compensation — Valuation of expropriated property — Basis of assessment — Fair market price — Price which a willing buyer would pay a willing seller — Reduction in value due to political conditions and government action — Whether conditions to be taken into account — Whether effect on value of anticipation of nationalization relevant — Methods of valuation — Use of discounted cash flow method — Tribunal rejecting elements in Expert’s valuation — Tribunal substituting equitable sum

Nationality — Corporations — Proof of nationality — Requirement that 50% or more of shares be owned by United States nationals — Proof — Relationship between parent and subsidiary companies

International tribunals — Iran-United States Claims Tribunal — Jurisdiction — Ownership of claims — Indirect claims — Claims by United States corporation on behalf of foreign subsidiary — Claim by United States corporation regarding shareholder interest in Iranian corporation

International tribunals — Iran-United States Claims Tribunal — Use of experts — Expert asked to report on valuation — Weight to be given to Expert’s Report — Role of the Tribunal — The law and practice of the Iran-United States Claims Tribunal

International organizations — Officials — Terms and conditions of employment — Termination of employment — Unsatisfactory performance — Whether Respondent required to find new post for Applicant — Concept of due process — Equity — Review by Tribunal of discretionary decision — Grounds for review

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

International organizations — Officials — Terms and conditions of employment — Termination of employment — Unsatisfactory performance — Agreement to extend Applicant’s special leave on condition that all claims against the Respondent be settled — Whether precluding application to Tribunal — Whether agreement concluded under duress

International tribunals — International administrative tribunals — World Bank Administrative Tribunal — Basis of jurisdiction — Right to apply to Tribunal derived from Statute of the Tribunal not from contract or terms of employment — Procedure — Review of decisions — Grounds for review