International law in general — Nature and binding force Enforcement — Treaties — Non-recognition by one party to treaty of government of another party — Whether treaty still in force between the two States — Whether unrecognized government possessescapacity to bring claim to enforce treaty — European Convention on Human Rights

States as international persons — In general — Recognition of acts of foreign States and governments — Government lodging application with European Commission of Human Rights — Alleged constitutional defect in Governments decision to lodge application — Whether a bar to admissibility of application — European Convention on Human Rights

State territory — In general — Occupation of foreign territory in time of peace — Occupation of northern Cyprus by Turkish army — Whether Turkey’responsibility engaged by alleged violations of human rights in occupied areas — Whether European Convention on Human Rights applies to activities of State outside its own territory — Status of Turkish Federated State of Cyprus

Jurisdiction — In general — Territorial — Territorial limits of jurisdiction — European Convention on Human Rights — Duty of each contracting State to secure rights and freedoms to persons 'within its jurisdiction' — Whether extending to persons in territory occupied by one contracting State but within territory of another contracting State

State responsibility — Nature and kinds of State responsibility For breaches of treaty obligations — European Convention on Human Rights — Alleged violations of human rights by Turkish forces occupying part of Cyprus — Whether engaging international responsibility of Turkey — Acts of Turkish Federated State of Cyprus — Whether attributable to Turkey

State responsibility — Nature and kinds of State responsibility For taking of, or interference with, property — Alleged seizure of property belonging to Greek Cypriots in parts of Cyprus occupied by Turkish forces — Whether engaging international responsibility of Turkey — Whether attributable to Turkish Federated State of Cyprus — Whether violating European Convention on Human Rights

State responsibility — Nature and kinds of State responsibility — For wrongs unconnected with contractual obligations — Acts and omissions of State organs and officials — Exhaustion of legal remedies — European Convention on Human Rights — Requirement that domestic remedies be exhausted — Effectiveness of domestic remedies — Alleged violations of human rights by Turkish forces in Turkish occupied Cyprus — Whether alleged victims required to exhaust remedies in Turkey — Remedies provided by Turkish Federated State of Cyprus — Many alleged victims refugees forbidden to enter Turkish occupied area — Whether effective domestic remedies open to them — Whether allegedvictim required to seek redress in local courts when challenging legislation or administrative practice

State responsibility — Claims — In general — Claim that State has violated European Convention on Human Rights — Whether claim can be brought by government not recognized by respondent State

The individual in international law — In general — Position of the individual in international law — Human rights and freedoms European Convention on Human Rights — Nature of obligations under Convention — Whether owed by one contracting State to other contracting States or to individuals — Whether claim for alleged violation maybe brought bygovernmentunrecognized by respondent State — Scope of Convention — Whether applicable to acts of State's armed forces on territory of another State — Domestic remedies rule — Scope and application — Limitation period for bringing of claims — Machinery for enforcement of European Convention

Treaties — In general — Conception and function of treaties — European Convention on Human Rights — Whether conferring rights upon other contracting States or individuals — Enforcement — Collective nature of enforcement

Treaties — Conclusion and operation — Operation and enforcement — Machinery for enforcement of European Convention on Human Rights — Collective enforcement — Relationship between applicant and respondent governments — Whether a bar to admissibility of application that applicant government not recognized by respondent government

Treaties — Conclusion and operation — Effect on third parties — European Convention on Human Rights — Effect on individuals

Treaties — Interpretation — Agencies of interpretation — European Convention on Human Rights — Interpretation by European Com — mission of Human Rights — Purpose of Convention

Disputes — Other international courts — European Commission of Human Rights — Nature of proceedings before Commission — Whether adversarial claim or system of collective enforcement — Whether bar to admissibility of application that applicant government not recognized by respondent government

States as international persons — Recognition of Governments — Significance on international plane — Whether government may bring an international claim against State which does not recognize it — Proceedings before European Commission of Human Rights — Whether adversarial proceedings or system of collective enforcement — Significance of non — recognition by respondent State Factual test of existence of government — Government of Cyprus unrecognized by Turkey — Significance of recognition by Turkey of Turkish Federated State of Cyprus — Status in international law

Treaties — European Convention on Human Rights — Interpretation — Scope — Whether applicable to alleged acts by Turkish forces in parts of Cyprus occupied by Turkey — Whether within Turkish jurisdiction

The individual in international law — Whether European Convention on Human Rights confers rights upon other contracting States or upon individuals — Individual as a subject of international law

State responsibility — Domestic remedies rule — Scope of domestic remedies rule under European Convention on Human Rights Effectiveness of remedies — Whether alleged victims of actions of Turkish forces in Cyprus expected to exhaust remedies in Turkey — Effectiveness of remedies in courts of Turkish Federated State of Cyprus — Refugees forbidden to return to Turkish occupied areas — Whether able to exhaust remedies in those areas — Application of domestic remedies rule in case where alleged violation of human rights results from implementation of legislation or administrative practice — Whether actions of Turkish forces in Cyprus engaging international responsibility of Turkey — Turkish Federated State of Cyprus — Whether actions of Turkish Federated State imputable to Turkey — Whether existence of Turkish Federated State relieving Turkey of liability

European Convention on Human Rights — Nature of Convention — Whether creating mutual obligations between contracting States or obligations towards individuals — Scope of Convention — Whether applicable to alleged violations of human rights by Turkish forces in Cyprus — Extent of obligation of State to guarantee rights and freedoms to persons ‘within its jurisdiction’ — Procedure — Six month limitation period — Application in cases where no domestic remedies exist — Continuing violation of human rights

Treaties — Interpretation — Principles and rules of interpretation — Context of provisions — General scheme dividing products into those from EEC and those from third countries — Need to interpret this scheme in light of special provisions for German Democratic Republic — The law of the European Communities

States as international persons — Germany — Legal status of German Democratic Republic — Relationship between German Democratic Republic and EEC — Whether German Democratic Republic treated as part of the territory of the EEC — Whether German Democratic Republic a 'third country' — Protocol on German Internal Trade annexed to EEC Treaty — Whether meat imported from German Democratic Republic into Federal Republic of Germany under Protocol treated as originating in territory of an EEC member — Treaties — Interpretation — Context — The law of the European Communities

International law in general — Sources — State practice — Draft treaty reflecting State practice — Draft Convention on the Law of the Sea, 1980 — Provisions relating to islands and delimitation of the continental shelf

Jurisdiction — In general — Territorial — Continental shelf — Principles of delimitation — Islands — Draft Convention on the Law of the Sea, 1980 — Joint development of continental shelf area by two States — Jurisdiction in particular parts of the area — Applicable legislation

Disputes — Conciliation — Function of Conciliation Commission — Search for equitable and acceptable settlement — Use of legal principles — Distinction between Commission and court of law Procedure

State territory — Parts of State territory — Continental shelf Principles for delimitation of continental shelf — Islands — Entitlement of island to continental shelf — Relation between continental shelf and economic zone — Draft Convention on the Law of the Sea, 1980 — Relevance — Natural prolongation — Equidistance method — Role of equitable principles — Need to take acount of one State’s need for hydrocarbons — Greater resources and expertise of other State — Joint development of disputed area by the two States Terms of joint development — Jurisdiction within parts of the area — Applicable legislation — Disputes — Conciliation — Function of Conciliation Commission — Procedure — Distinction between Commission and court of law — Search for equitable and acceptable solution — Sources of international law — State practice — Draft Convention on the Law of the Sea, 1980

International law in general — Sources — State practice — United Nations General Assembly resolutions — Resolution on nationalization — Whether a source of international law — Whether evidence of dominant trend of international opinion

States as international persons — In general — Recognition of acts of foreign States and governments — Nationalization of concession held by foreign company — Act of State — Whether entitled to international recognition — Whether capable of being questioned in arbitration proceedings — Whether restitutio in integrum can be ordered by Tribunal to restore position prior to nationalization

State responsibility — Damages — Measure of damages — Award of damages in general — Damages for unlawful taking of property — Compensation for lawful nationalization — Principles of assessment — Equitable measure of compensation

State responsibility — Damages — Measure of damages — Indirect damages and damages for loss of profits — Whether damages for loss of profits required in case of unlawful taking of property — Whether compensation for lawful nationalization of concession should include loss of profits — Equitable measure of compensation

State responsibility — Interest — In general — Award of interest in case of termination of concession — Whether interest payable under proper law of concession — Whether interest usurious — Libyan law

State responsibility — Interest — Rate of interest — Termination of concession governed by Libyan law insofar as compatible with international law — Whether Libyan rate of interest payable

State responsibility — Interest — Diesa quo and dies ad quem — Date from which interest payable — Interest only due on liability to pay fixed amount of money — Interest payable from date of arbitration Award rather than date of termination of concession

International organization and administration — The United Nations — The General Assembly — Importance of General Assemblyre — solutions as source of international law — Evidence of dominant trend of international opinion — Resolutions on nationaliztion

Disputes — Arbitration — In general — The law applied by arbitral tribunals — Arbitration between State and foreign company — Lex arbitri — Whether governed by the law of the seat of arbitration Law applicable to concession contract — General principles of private international law for determining proper law of a contract

Disputes — Arbitration — In general — Appointment of arbitrators — Refusal of one party to appoint arbitrator — Appointment by President of the International Court of Justice

Disputes — Arbitration — Procedure — Procedure before the tribunal — Power of tribunal to determine own rules of procedure — Procedure in default of appearance by one party

Disputes — Arbitration — Procedure — Competence to determine jurisdiction — Arbitrability of dispute — Survival of arbitration clause

Disputes — Arbitration — Evidence — Duty of tribunal to decide on best evidence available — Effect of failure of one party to appear Evidence regarding methods of computing sums claimed

State responsibility — Nature and kinds of — For revocation of, or interference with, concessions or concessionary contracts — Nature of concessions — Whether administrative — Whether primarily contractual — Property rights — Conditions of amendment or termination by State — Proper law of concessions — Reference to international law and general principles of law — Nationalization — Extent of State’s right to nationalize — Requirement that nationalization be for a public purpose — Whether still a rule of international law Requirement that nationalization be non — discriminatory — Effect of United Nations General Assembly resolutions on nationalization — Whether premature termination of concession by nationalization a delict or a lawful act giving rise to duty to compensate

Restitutio in integrum — Availability in international law — Whether contrary to sovereignty of State — Whether amounting to cancellation of nationalization measures — Act of State — Declaratory award — Similarity to restitutio in integrum

Compensation — Measure of compensation — Damnum emergens — Lucrum cessans — Whether compensation for loss of profits required — Equitable measure of compensation — Interest — Whether interest usurious — Rate of interest — Date from which interest payable — Costs

Arbitration — Arbitration between State and foreign company Procedure — Lex arbitri — Whether arbitration subject to the law of the Tribunal — Award given in default of appearance — Appointment of Sole Arbitrator by the President of the International Court of Justice

States as international persons — In general — Recognition of acts of foreign States and governments — Act of State — Libyan nationalization of rights and assets of United States company under oil concession agreements — Whether arbitral award rendered against Libya in Switzerland could be recognised and enforced under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards — Whether court precluded from recognizing and enforcing award because Libyan nationalization was an act of State — Whether Hickenlooper Amendment to Foreign Assistance Act 1964 required court to recognise and enforce award even if act of State doctrine was applicable — The law of the United States

Jurisdiction — In general — Territorial — Exemptions from territorial jurisdiction — Foreign States — Libyan nationalization of rights and assets of United States company under oil concession agreements — Foreign Sovereign Immunities Act 1976 — Waiver of sovereign immunity — Whether Libya waived immunity by agreeing to arbitration and choice of law clauses in concession agreements — Whether arbitral award rendered against Libya in Switzerland recognizable and enforceable under Convention on the Recognition and Enforcement of Foreign Arbitral Awards — Whether court precluded from recognizing and enforcing award — Whether Libyan nationalization act of State — The law of the United States

Disputes — Arbitration — Enforcement of award by proceedings in municipal courts — Sovereign immunity — Waiver — Act of State Convention on the Recognition and Enforcement of Foreign Arbitral Awards — The law of the United States

State responsibility — Nature and kinds of — For revocation of, or interference with, concessions or concessionary contracts — Nationalization of oil concessions — Arbitral award of compensation against State in favour of foreign company — Enforcement by confirmation proceedings in domestic courts — Sovereign immunity — Whether agreement to arbitrate anywhere that Arbitrator may determine a waiver of sovereign immunity — Foreign Sovereign Immunities Act 1976 — Act of State — Whether court precluded from enforcing award because nationalization an act of State — Hickenlooper Amendment to foreign Assistance Act 1964 — Whether applicable — Whether concession rights ‘property’ — Whether nationalization contrary to international law — Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 — The law of the United States

Jurisdiction — In general — Territorial — Exemptions from territorial jurisdiction — Foreign States — Restrictive theory of sovereign immunity — Waiver — Whether arbitration clause in oil concession an implied waiver of sovereign immunity — Service of process upon foreign State — The law of Sweden

State responsibility — Nature and kinds of — For revocation of, or interference with, concessions or concessionary contracts — Nationalization of oil concessions — Arbitral award of compensation against State in favour of company — Enforcement by confirmation proceedings in domestic courts — Sovereign immunity — Whether agreement to arbitrate any future dispute an implicit waiver of immunity — Service of process — Nature of sovereign immunity in commercial transactions — The law of Sweden

International law in general — Relation to municipal law — Restrictive theory of sovereign immunity in international Iaw — e — Relation to requirements of municipal law for proceedings against foreign States — Whether precluding municipal law from requiring close connection between case and forum State in any proceedings against a foreign State — The law of Switzerland

Jurisdiction — In general — Territorial — Exemptions from territorial jurisdiction — Foreign States — Restrictive theory of sovereign immunity — Whether part of international law — Whether precluding rule of domestic law that foreign State always immune unless there is a close connection between the case and the forum — Enforcement of arbitration award — Whether fact that arbitration held in forum State sufficient connection — The law of Switzerland

Jurisdiction — In general — Territorial — Exemptions from territorial jurisdiction — Public ships and other property of foreign States — Bank deposits — Immunity from attachment to enforce arbitral award — When immune — Requirement of close connection between case and State in which attachment sought — The law of Switzerland

Disputes — Arbitration — Enforcement of arbitration award by proceedings in municipal courts — Requirement of Swiss law that any proceedings against a foreign State have a close connection with Switzerland — Whether fact that arbitration held in Switzerland sufficient connection to permit proceedings for enforcement — The law of Switzerland.

State responsibility — Nature and kinds of — For revocation of, or interference with, concessions or concessionary contracts — Nationalization of oil concessions — Arbitral award of compensation against State in favour of foreign company — Enforcement — Attachment of State's assets — Whether State entitled to sovereign immunity — Requirement of close connection between case and State in which attachment sought — Whether fact arbitration held in that State sufficient — Relationship between international law and municipal law — The law of Switzerland

State responsibility — Nature and kinds of — For wrongs unconnected with contractual obligations — Acts and omissions of State officials — Exhaustion of legal remedies — Absence of evidence of effective remedies — U.N. Human Rights Committee

Treaties — Conclusion and operation — Entry into force — Inter — national Covenant on Civil and Political Rights — Alleged violation beginning before entry into force of Covenant — Continuing violation — Whether complaint admissible — U.N. Human Rights Committee

The individual in International law — In general — Human rights and freedoms — Detention without access to lawyer or family — Habeas corpus not available — Harsh conditions of detention — Allegations of torture — International Covenant on Civil and Political Rights — Date of entry into force — Date of alleged violations — Optional Protocol — U.N. Human Rights Committee — Procedure — Right of individual petition — Exhaustion of domestic remedies — Evidence — Burden of proof

State responsibility — Nature and kinds of — For wrongs unconnected with contractual obligations — Exhaustion of legal remedies — Inter — national Covenant on Civil and Political Rights — Proceedings before U.N. Human Rights Committee — Exhaustion of domestic remedies — Effectiveness of remedies before a military court — Whether victim of alleged violation of Covenant required to exhaust remedies of an exceptional nature — Whether State party entitled to raise question of domestic remedies after communicationhas been declared admissible

The individual in international law — In general — Human rights and freedoms — Detention incommunicado — Inhuman and degrading treatment — Habeas corpus not available — Trial held in closed session — Accused not properly represented — Retroactive application of penal laws — Punishment of accused for political opinions — Deprivation of political rights — Exhaustion of domestic remedies — Effectiveness of remedies before military courts — Whether accused required to exhaust remedies of an extraordinary nature — International Covenant on Civil and Political Rights — Optional Protocol — U.N. Human Rights Committee — Procedure — Findings of fact in absence of evidence from State party — Whether State party entitled to raise question of domestic remedies after communication has been declared admissible

The individual in international law — In general — Human rights and freedoms — Detention without trial — Detainee held incommunicado — Inhuman and degrading treatment — Detainee held for one month after release ordered — Habeas corpus not available — International Covenant on Civil and Political Rights — Optional Protocol — U.N. Human Rights Committee — Procedure — Findings of fact in absence of evidence from State Party — Whether derogations from Covenant justifiable

The individual in international law — In general — Human rights and freedoms — Detention without access to lawyer or family — Trial by military court — Trial not held in public — Judgment not made public — Habeas corpus not available — Allegations of torture — International Covenant on Civil and Political Rights — Optional Protocol — U.N. Human Rights Committee — Procedure — Right of individual petition — Evidence — Consideration of same case by another human rights tribunal

The individual in international law — In general — Human rights and freedoms — Right to participate in political life — State's right of derogation in time of emergency — Conditions for exercise — International Covenant on Civil and Political Rights — Optional Protocol — U.N. Human Rights Committee

The individual in international law — In general — Human rights and freedoms — Freedom of thought and conscience — Right of parents to have their children educated in accordance with their religions convictions — Atheists — Compulsory school instruction in history of religion and ethics — Whether violating right of atheist parents to have children educated in accordance with their convictions — International Covenant on Civil and Political Rights — Optional Protocol — U.N. Human Rights Committee — Right of individual petition — Concept of victim — Representative action on behalf of members of association — Procedure — Need for evidence of authority of representative

The individual in international law — Aliens — Expulsion — Right of expulsion — Restrictions on right of expulsion — International Covenant on Civil and Political Rights, Article 13 — Requirement that expulsion be in accordance with law of the expelling State — Whethter U.N. Human Rights Committee empowered to determine correctness of State’s interpretation and application of its law

The individual in international law — In general — Human rights and freedoms — Freedom of alien from deportation — Requirement that expulsion be in accordance with law of the expelling State — International Covenant on Civil and Political Rights, Article 13 — optional Protocol — Role of U.N. Human Rights Committee — Whether Committee entitled to question correctness of application of domestic law by State authorities — Whether confined to deciding if State authorities acted in good faith

The individual in international law — In general — Human rights and freedoms — Right to marry and found a family — Right to protection for family life — Obligation of State not to discriminate on grounds of sex — Alien men married to Mauritian nationals not entitled to reside in Mauritius as of right — No such restriction imposed on alien wives of Mauritian men — Whether discrimination against Mauritian women — International Covenant on Civil and Political Rights — Optional Protocol — U.N. Human Rights Committee — Communications by alleged victims of violations of the Covenant — Definition of victim — Whether individual not personally affected entitled to complain that legislation violates Covenant — Actio popularis

The individual in international law — Human rights and freedoms — Right to a fair hearing within a reasonable time in determination of civil rights — Case taking over four years — Whether a violation of right to a fair hearing within a reasonable time — Cause of delay — Delay principally attributable to applicant's conduct of his case — Complexity of case — Increased workload of courts — European Convention on Human Rights and Fundamental Freedoms, Articles 3, 6(1), 8 and 12

The individual in international law — Human rights and freedoms — Right to public hearing by independent and impartial tribunal established by law — European Convention on Human Rights and Fundamental Freedoms, 1950, Article 6 (1) — Notion of determination of civil rights and obligations — Right to continue to exercise medical profession — Whether public or private right — Disciplinary proceedings concerning allegations of professional misconduct — Whether determination of private or civil rights — Notion of dispute (contestation) — Whether civil right the object of dispute — Disciplinary organs of medical association — Whether independent and impartial tribunals established by law — Whether guaranteeing public hearing

Article 11 — Right to freedom of association, to form and join trade unions — Legal obligation to join medical association and be subject to its disciplinary organs — Whether limiting guaranteed rights — ‘Association’ — Definition of — Freedom not to associate — Whether recognized by Convention

Article 10 — Right to disseminate information and ideas — Whether sanctions imposed by disciplinary body impinge upon right — Admissibility of complaint — Whether complaint separate or adduced in support of other claims — Ambit of case referred to Court — Exhaustion of domestic remedies

Article 50 — Request for just satisfaction — Effect of possibility of compensation under domestic law

Treaties — Interpretation — Consideration of preparatory work — Significance of preparatory work — Preparatory work revealing deliberate omission of any express mention of particular freedom — Whether that freedom entirely excluded from treaty — European Convention for the Protection of Human Rights and Fundamental Freedoms, 1951

Disputes — Other international courts — European Court of Human Rights — Procedure — Whether court should consider question proprio motu

The individual in international law — Human rights and freedoms — Freedom of association — Trade union closed shop — Employees engaged before introduction of closed shop required to join specified trade unions when closed shop introduced — Employees refusing to join dismissed — No remedy under domestic law — Whether freedom of association includes freedom not to join an association — Whether being compelled to join a trade union contrary to one's convictions violates freedom of thought and expression — Treaties — Interpretation — Preparatory work — Significance of preparatory work — International courts — Procedure — Whether court should examine questions proprio motu — European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950

International law in general — Relation to municipal law — EEC Treaty — Direct effect in national law — Duty of national courts to give precedence to Community law — Duty of national courts to review decisions of national authorities to ensure compliance with Community law — The law of the European Communities

The individual in international law — Aliens — Expulsion — Right of expulsion — Restrictions on right of expulsion — International Covenant on Civil and Political Rights, Article 13 — Requirement that expulsion be in accordance with law of the expelling State — Whethter U.N. Human Rights Committee empowered to determine correctness of State’s interpretation and application of its law

Treaties — Conclusion and operation — Operation and enforcement — Necessity for municipal legislation — EEC Treaty — Free movement of workers — Direct effect — The law of the European Communities

The individual in international law — Aliens — Position of aliens Subjection to territorial sovereignty of the receiving State — Free movement of workers within the EEC — Restrictions on grounds of public policy — Conditions imposed by Community law on restrictions of movement for reasons of public policy — Whether applicable to decisions of national authorities in individual cases as well as to legislative measures — Circumstances in which restriction of movement justified — Respect for individual's rights — Substantive and procedural requirements — When State may restrict residence of national of another member State to a particular area — Treaties Direct effect — The law of the European Communities