Aliens — Refugees — Refugee status — Geneva Convention Relating to the Status of Refugees, 1951 and Protocol, 1967 — Implementation — Determination of refugee status — Applicable standard — United States Immigration and Nationality Act 1952 — Refugee Act 1980 — Interpretation — Application for refugee status by person seeking to evade conscription — Whether applicant established well-founded fear of persecution — Guidance from United Nations High Commissioner for Refugees

War and armed conflict — Internal conflicts — Geneva Conventions on the Law of Armed Conflict, 1949, common Article 3 — Second Additional Protocol to the Geneva Conventions, 1977 — Conflict in El Salvador — Alleged violations of law by El Salvador armed forces — Person seeking to avoid conscription into El Salvador armed forces — Whether entitled to refugee status — Whether necessary that alleged violations be condemned by international community — The law of the United States

Diplomatic relations — Privileges and immunities — Diplomats — Diplomatic immunity dependent upon recognition of sending State by receiving State — Defendant claiming to be representative of Republic of New Afrika — Not recognized by the United States — Waiver of immunity

State immunity — Jurisdictional immunity — Defendant claiming to be minister of foreign State — Requirement that entity be recognized as a State or otherwise granted entitlement to immunity

States — Recognition — Republic of New Afrika — Not recognized by United States — Whether person claiming to be minister and representative of New Afrika entitled to immunity in United States courts — The law of the United States

War and armed conflict — Laws of armed conflict — Scope of application — Prisoners of war — Entitlement to prisoner of war status — Application of laws of armed conflict — Geneva Convention Relative to the Treatment of Prisoners of War, 1949 — Whether applicable to situations arising within a State — First Additional Protocol to the Geneva Conventions, 1977 — Wars of national liberation — Whether Protocol I applicable — Protocol I not binding on the United States — Criteria for entitlement to prisoner of war status

Relationship of international law and municipal law — Treaties — Whether part of United States law — Whether incorporating international laws of war into United States law — Whether including rules contained in treaty to which the United States not a party — First Additional Protocol to the Geneva Conventions, 1977

Sources of international law — Treaties — Whether declaratory of customary international law — First Additional Protocol to the Geneva Conventions, 1977 — Whether declaratory of customary international law — Provisions regarding entitlement to prisoner of war status

States — Recognition — Republic of New Afrika — Not recognized by United States — Whether persons claiming to be representatives of New Afrika entitled to immunity in United States courts

Extradition — Political offence — Whether concept of political offence applicable outside context of extradition — Whether rule of international law that politically motivated acts not triable in State of committal — The law of the United States

Air — Civil air transport — Airliner straying off assigned international route — Airliner destroyed by military aircraft — Action for damages — Alleged failure to warn — Proximity of military aircraft — Political question doctrine

Relationship of international law and municipal law — Act of State and justiciability — United States political question doctrine — Military and national security matters — Civil airliner destroyed by Soviet military aircraft — Allegations of negligence against United States — The law of the United States

Relationship of international law and municipal law — Act of State and justiciability — United States act of State doctrine — Decision by foreign government to impose debt moratorium — Whether compatible with United States policy — Whether claim barred by act of State doctrine — Extraterritorial effect — Situs of debt — Conduct of foreign relations — Relationship between courts and Executive

Economics, trade and finance — Currency regulation — Debt repayment — Government restricting payments in foreign currency because of economic problems — Promissory notes payable in United States dollars in New York — Situs of debt — Whether refusal to pay an act of State — The law of the United States

Economics, trade and finance — Currency regulation — Imposition of currency controls a sovereign act — Debt — Situs of debt — Certificates of deposit payable in Mexico — Mexican legislation requiring that payment be made in pesos convertible only at official rate of exchange — Application of act of State doctrine

Expropriation — Of debt — Imposition of currency controls — Whether involving a taking of property — Situs of debt — Non-justiciability of taking by foreign sovereign within own territory — Act of State doctrine

Relationship of international law and municipal law — Act of State and justiciability — United States act of State doctrine — Whether subject to exception for commercial activities — Imposition of exchange controls — Whether a commercial activity — Territorial scope — Debts affected situated in Mexico — The law of the United States

Economics, trade and finance — Currency regulation — Imposition and enforcement of currency controls a sovereign act — Act of central bank in issuing cheque drawn on account with bank in foreign State — Cheque issued in connection with bank's role in enforcing currency controls

Expropriation — Property of nationals — State taking property of own citizen — Whether within exceptions to sovereign immunity — Whether justiciable — Whether contrary to human rights standards

State immunity — Jurisdictional immunity — State-owned corporation — Central bank — Restrictive theory of immunity — Distinction between sovereign and commercial acts — Distinction based upon nature rather than purpose of act — Issue of cheque by central bank in context of currency regulation — Order to stop payment of cheque — Whether commercial or sovereign act

Relationship of international law and municipal law — Act of State and justiciability — United States act of State doctrine — Currency regulation by central bank — Whether justiciable — Relationship between sovereign immunity and act of State doctrine — The law of the United States

Relationship of international law and municipal law — Act of State and justiciability — United States act of State doctrine — Applicability — United States courts barred from questioning validity of acts of foreign State within own jurisdiction — Scope of doctrine — Underlying principles — Allegation that United States corporation obtained contract in Nigeria by bribery — Whether act of State doctrine applicable — Comity — Relevant to decision whether to apply doctrine in case where it is applicable — Not ground for extending application of doctrine to new areas — The law of the United States

Relationship of international law and municipal law — Act of State and justiciability — United States act of State doctrine — Rationale — Definition of act of State — Purpose of doctrine to prevent court adjudicating upon validity of foreign act of State — Action for defamation — Massacre at refugee camps in Lebanon — Magazine making allegations against former Minister of Defence in Government of Israel — Whether adjudication of claim barred by act of State doctrine — Relations between Israel and the United States — Relationship between act of State and political question doctrines — The law of the United States

Relationship of international law and municipal law — Act of State and justiciability — United States act of State doctrine — Defamation action — Whether acts of Head of State done in private capacity — Whether Head of State's action barred by act of State doctrine — Pleadings amended to show acts done in private capacity — The law of the United States

State immunity — Defamation — Defence of privilege for publication based upon foreign government report — Whether extending to press reports in the United States based upon press release issued by Government of South Korea — South Korean press release suggesting plaintiff was a North Korean spy — The law of the United States

Air — Hijacking — Crime of universal jurisdiction — Measures for suppression of air piracy — Hague Convention for the Suppression of Unlawful Seizure of Aircraft, 1970 — International Convention Against the Taking of Hostages, 1979

Jurisdiction — Extraterritorial — Principles on which States may exercise extraterritorial jurisdiction — Crimes of universal jurisdiction — Aircraft hijacking — Hostage taking — Whether universal crimes — Passive personality principle of jurisdiction — Nationality of victim as a ground for exercise of jurisdiction — Whether passive personality principle applicable

Jurisdiction — Executive — Legality of arrest — Effect on jurisdiction of court — Defendant convicted of aircraft hijacking — Crime of universal jurisdiction — Arrest on high seas by United States Federal Bureau of Investigation — Involvement of United States Navy — Whether involvement of United States Navy rendering arrest unlawful

Relationship of international law and municipal law — Interpretation of legislation — Presumption that Congress did not intend to legislate in manner contrary to international law — Legislation implementing international conventions — Hague Convention for the Suppression of Unlawful Seizure of Aircraft, 1970 — International Convention Against the Taking of Hostages, 1979 — Whether provisions of domestic law conflicting with principles of international law overriding — The law of the United States

State immunity — Jurisdictional immunity — Commercial activity exception — Distinction between commercial acts and sovereign acts — Distinction turning on nature rather than purpose of act — Whether recruitment of staff for a hospital a commercial activity — Recruitment of staff in United States to work in hospital in Saudi Arabia — Alleged false imprisonment and ill-treatment of member of staff by agents or employees of Saudi Government — Whether sufficiently closely connected with employment contract — Whether sufficient connection with the United States — United States Foreign Sovereign Immunities Act 1976 — The law of the United States

Relationship of international law and municipal law — Treaties — Status in municipal law — European Convention on the Legal Status of Children Born Out of Wedlock, 1975 — Constitution of Cyprus, Article 169 — Whether ratification of Convention by Cyprus vests Convention with superior effect to municipal legislation — The law of Cyprus

Human rights — Right to respect for privacy and family life — Whether extending to search of business premises — European Convention on Human Rights, 1950, Article 8 — Constitutional provisions protecting human rights — Principle that such provisions should be given wide interpretation — Comparison of provisions in different constitutions and in the European Convention

Jurisdiction — Territorial — Crimes allegedly committed in territorial waters of State — Presumption that courts of that State have jurisdiction — Conspiracy to import drugs

Territory — Special territorial regimes — Cyprus — United Kingdom Sovereign Base Areas — Waters off Sovereign Base Areas — Whether forming part of Sovereign Base Areas — Jurisdiction over crimes committed off coast of Cyprus — The law of Cyprus

Extradition — Limitations — Nature of sentence likely to be imposed in requesting State — Corporal punishment — Whether cruel and unusual punishment — Whether inevitable — Whether general requirement that punishment in requesting State should not be out of line with punishments imposed by requested State — Role of courts of requested State

Human rights — Torture, inhuman and degrading punishment — Corporal punishment — Whether contrary to human rights — Whether cruel and unusual — The law of South Africa

Aliens — Deportation — Use of deportation as disguised form of extradition — Whether unlawful — British citizen declared prohibited person in Zimbabwe Rhodesia — Deportation to United Kingdom where criminal charges pending — Absence of extradition treaty

Extradition — Absence of treaty — Disguised extradition — Alien deported to State where criminal charges pending — Absence of extradition treaty — The law of Zimbabwe Rhodesia

Jurisdiction — Territorial — Transit passenger at airport — Whether passage innocent — Drugs offences — Whether detrimental to peace, order and security of Zimbabwe — Dangerous Drugs Act, Chapter 319 — The law of Zimbabwe

Aliens — Deportation — Use of deportation as disguised form of extradition — Whether unlawful — Zambian national fleeing to Zaire — Zairean authorities handing him over to Zambian police — Ad hoc agreement between the two governments

Extradition — Absence of extradition treaty — Whether return of fugitive offender unlawful in absence of extradition treaty — Ad hoc agreement between two governments for return of fugitive

Jurisdiction — Territorial — Limits on jurisdiction — Manner of fugitive’s return to face trial — Whether return of fugitive in absence of extradition treaty deprives court of jurisdiction — The law of Zambia