Jurisdiction — Territorial — Court order requiring enforcement in a foreign sovereign State — Whether possible for Court to give an effective judgment — South African court requested to issue an order requiring enforcement in Namibia — Application for licence to operate air service and use airport in Namibia — The law of South Africa

States — Existence — Absence of recognition — “State” established in violation of international law — Bantustans in South Africa — Establishment condemned by United Nations General Assembly — Bophuthatswana — Whether a State — Reintegration into South Africa

Governments — Recognition — Criteria for regarding new regime as legitimate — Effective control — Acquiescence by population — Whether international law notions of de facto and de jure governments of any relevance — Overthrow of Bophuthatswana government and appointment of administrators by South African Government — Whether new regime meets criteria of effectiveness — The law of Bophuthatswana

Relationship of international law and municipal law — Recognition — Governments — Coup d'état — New revolutionary government in Lesotho — Whether criteria for recognition of governments in international law applicable to recognition of revolutionary governments by municipal courts — Lesotho Order 1990

Recognition — Recognition of governments — Coup d'état — Lawfulness of new revolutionary government in Lesotho — Criteria for recognition by municipal courts — Kelsen's theory — Whether coup d'état or merely a constitutional deviation — Lesotho Order (No 2) 1986 — Lesotho Order 1990

Human rights — Inhuman or degrading treatment or punishment — Constitutional provisions — Prohibition of inhuman or degrading punishment — Imposition of corporal punishment — Whether unconstitutional vis-à-vis adult offenders, juvenile offenders and juveniles in schools — Relevance of decisions of international tribunals and foreign jurisdictions — The law of Namibia

State succession — Responsibility for acts of former government — Mandated trust territory of South West Africa becoming independent State of Namibia — Repudiation by new government of acts of predecessor government — Repudiation by statute of financial assistance to association — Statute requiring repayment of monies and retransfer of title to property — Whether contrary to constitutional protection against expropriation without compensation — Constitution of Namibia, Article 140(3)

Territory — Mandated territories — South West Africa — Acts of South African administration — Whether Government of Namibia liable for such acts after independence — The law of Namibia

Human rights — Freedom from discrimination — Sex discrimination — Whether unconstitutional — Citizenship laws — Determination of citizenship by patrilineal descent — Inability of mother to pass citizenship to child if married to father of child — Whether sex discrimination — Right to equal protection of law

Nationality — Descent — Nationality conferred only upon those whose fathers were nationals — Whether discriminatory — Whether contrary to fundamental human rights

Relationship of international law and municipal law — Treaties — Aid to interpretation of constitutional provisions — Treaties not incorporated into domestic law — Whether only to be referred to where constitutional provisions ambiguous — Whether domestic laws to be interpreted in accordance with State’s international obligations — The law of Botswana

Jurisdiction — In general — Territorial jurisdiction — Whether court having jurisdiction to try person brought into its jurisdiction against his will — Trial of person handed over to prosecuting State by refuge State — Failure by refuge State to follow deportation procedures — Whether sufficient to oust jurisdiction of court of prosecuting State — Absence of extradition treaty — The law of Zimbabwe

Aliens — Alien husbands — Whether entitled to reside — Rights of female nationals — Discrimination in matter of nationality and residence

Human rights — Right to freedom of movement — Right to protection of the privacy of the home — Refusal to permit alien men married to Zimbabwean citizens to reside in Zimbabwe — Whether infringing wives’ rights to freedom of movement by requiring them to live abroad with their spouses — The law of Zimbabwe

State immunity — Jurisdictional immunity — Restrictive doctrine — Applicability in Kenya — Action for damages against Claims Commission of Ministry of Defence of a foreign State — Whether Commission a separate legal entity or part of government — Whether entitled to State immunity — The law of Kenya

States — Federal States — Quasi-federal State — United Republic of Tanzania — Competence of Zanzibar executive vis-à-vis United Republic Government — Elections to United Republic parliament — Jurisdiction of courts to challenge validity of elections — The law of Tanzania

Governments — Revolutionary government — Liability for acts prior to assumption of power — Whether rebel movement a legal entity capable of concluding contracts — National Revolutionary Movement of Uganda — Whether contract concluded with rebel movement enforceable against Government formed when that movement succeeds in taking power — The law of Uganda

Nationality — Immunity from expulsion of a national — Legality of deportation dependent upon determination of nationality — Withdrawal of Nigerian nationality and deportation to Chad — Right to freedom of movement — Whether entitling citizen to a passport — The law of Nigeria

State immunity — Jurisdictional immunity — Restrictive doctrine — Whether restrictive doctrine universally recognized and forming a binding rule of international law — Action against foreign State and embassy arising from contract for construction of ambassador's residence — Whether a commercial transaction — The law of Nigeria

State immunity — Jurisdictional immunity — Tort — Whether immunity applicable in respect of alleged assault within jurisdiction by foreign soldier — Alleged attempt by soldier to fire gun at plaintiff — Restrictive doctrine of immunity — Whether relevant act governmental in nature — Doctrine of reciprocity

Relationship of international law and municipal law — Constitutional rights to bodily integrity and to seek redress in courts — Whether constitutional rights infringed by application of sovereign immunity — Whether constitutional rights regulated by principles of international law — The law of Ireland

State immunity — Jurisdictional immunity — Third party discovery — Whether order for discovery can be made against foreign State which has not submitted to jurisdiction nor waived immunity

Jurisdiction — Territorial — Third party discovery — Whether order for third party discovery can be made against party outside the jurisdiction — Whether absence of express provision in Rules regulating third party discovery limits order to territorial jurisdiction — The law of Ireland

State immunity — Jurisdictional immunity — Claim for damages arising from alleged torts committed by Commissioner of Police and police officer — Whether State immunity extends to Commissioner of Police and police officer not subject to orders of Government but executing general State policy of keeping law and order and preserving the peace

Relationship of international law and municipal law — Treaties — European Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters, 1968 — Whether order permitting service out of jurisdiction in respect of action within scope of Convention valid where procedure established under Convention not followed — The law of Ireland

State immunity — Taxation — Scheme to take advantage of UK tax laws to increase price received by US Treasury for sale of shares — Payment of tax credit on basis of immunity from liability for income tax by reason of sovereign status — Whether such device constitutes abuse of sovereign immunity by justifying revocation of authorisation for payment of tax credit — The law of England

State immunity — Jurisdictional immunity — Separate entity — Commercial activity — United Kingdom State Immunity Act 1978, Sections 3 and 14 — Whether act performed jure imperii — Nature, not purpose, of act decisive — Definition of relevant act — Invasion of Kuwait and seizure of aircraft at Kuwait airport by Republic of Iraq — Sovereign act — Removal of aircraft by Iraqi Airways Company (“IAC”) — Iraqi legislation vesting title to aircraft in IAC — Subsequent operation by IAC in commercial services — Whether acts of IAC governmental in character — Distinction between acts before and after vesting of title

State immunity — Jurisdictional immunity — Foreign State — Service of writ — United Kingdom State Immunity Act 1978, Section 12(1) — Requirement that writ be served on Foreign Ministry of defendant State — Whether service on embassy with request for transmission to Foreign Ministry sufficient — Impossibility of service on Foreign Ministry as United Kingdom not represented in foreign capital at relevant time

International organizations — United Nations — Security Council — Decisions under Chapter VII of the Charter — Effects in municipal law — Resolution 687(1991) — Establishment of United Nations Compensation Commission to determine claims against Iraq arising out of invasion of Kuwait — Effect upon jurisdiction of national courts

War and armed conflict — Occupation — Seizure of property — Seizure of Kuwaiti aircraft by Iraq following invasion of Kuwait — Whether attracting sovereign immunity — Whether justiciable — Effect of transfer of aircraft to Iraqi State airline — The law of England

Relationship of international law and municipal law — Customary international law — Doctrine of incorporation — Primacy of statute over rule of customary international law — State immunity

State immunity — Jurisdictional immunity — Claim against State for torture allegedly committed by State officials — Acts of torture allegedly committed in Kuwait and United Kingdom by agents of Kuwaiti Government — Whether English courts have jurisdiction in respect of torture committed in Kuwait being acts in violation of international law — State immunity governed by statute — Whether explicit provision required in statute to establish exception to immunity — Tortious acts committed within jurisdiction — Standard of proof required to establish exception to immunity — Balance of probabilities — State Immunity Act 1978, Sections 1 and 5 — The Law of England