Economics, trade and finance — Export licensing system — Arms sales — Export of rocket fuel from United States to Iran without an export licence — Fuel temporarily stored in the Netherlands — United States requesting Dutch authorities to seize fuel — Whether seizure permitted under the Netherlands-United States Treaty on Mutual Assistance in Criminal Matters, 1981 — The law of the Netherlands

Relationship of international law and municipal law — Treaties — Treaties protecting rights of family and child — Effect in municipal law — Powers under Immigration Act 1987 — Whether Minister of Immigration entitled to ignore international instruments

Human rights — Family rights — Articles 23(1) and 24(1) of International Covenant on Civil and Political Rights, 1966 and First Optional Protocol — Article 9(1) and (4) of Convention on the Rights of the Child, 1989 — Change of circumstances — Whether basic rights of family and child need to be taken into account — Child New Zealand citizen — Opportunity to reconsider case in light of rights of child — The law of New Zealand

Consular relations — Consuls — Functions — Protection of nationals abroad — Right of Consul to represent nationals in courts of receiving State — Vienna Convention on Consular Relations, 1963, Article 5(1) — Representation subject to practices and procedures of receiving State — Mexico-United States Consular Convention, 1942, Article VI(2)(d)

Treaties — Interpretation — Application by municipal courts — Intention of the parties — Statements by United States Executive as evidence of parties' intentions — Whether conclusive

Relationship of international law and municipal law — Treaties — Interpretation — By municipal courts — Statements by United States Executive — Extent to which courts bound by Executive's interpretation of treaties — Customary international law — Consular protection of nationals abroad — The law of the United States

State immunity — Jurisdictional immunity — Waiver — State corporation — Participation in proceedings — Whether constituting implied waiver — Foreign Sovereign Immunities Act 1976 — The law of the United States

Consular relations — Immunity — Consular officials — Immunity from civil proceedings — Scope of immunity — Vienna Convention on Consular Relations, 1963, Articles 5 and 43 — Immunity limited to “Acts performed in the exercise of consular functions” — Whether immunity covers proceedings for allegedly unlawful acts committed against person demonstrating outside consulate

State immunity — Jurisdictional immunity — Non-commercial tort exception — Requirement that tort not committed by foreign State in the exercise of discretionary function — Alleged abduction and assault of person demonstrating outside Mexican consulate by Mexican consulate officials — Foreign Sovereign Immunities Act 1976 — The law of the United States

State immunity — Jurisdictional immunity — Whether presumption of sovereign immunity — Commercial activity exception — Distinction between sovereign and commercial acts — Lack of profit motive — Nigerian Consulate — Agreement to lease property as a residence for consular employees — Whether constituting a commercial activity — Non-commercial tort exception — Torts allegedly committed by consular employee causing damage to consular residence — Requirement that torts were committed within “scope of employment” — Requirement that torts not committed by foreign State in the exercise of discretionary function — Waiver — Forum selection clause — Lease concerning United States property — Lease providing for adjudication of disputes but not stipulating forum — Whether adjudication clause constituting waiver of immunity from United States jurisdiction — Foreign Sovereign Immunities Act 1976

Consular relations — Immunity — Consular employee — Immunity from civil proceedings — Scope of immunity — Vienna Convention on Consular Relations, 1963, Article 43 — Immunity limited to official functions — “Acts performed in the exercise of consular functions” — Interpretation — Whether immunity covering proceedings brought against consular employee for alleged commitment of torts resulting in damage to consular residence — Difference between consular and sovereign immunity — The law of the United States

State immunity — Jurisdictional immunity — Whether presumption of sovereign immunity — Individual acting in official capacity on behalf of Government — Commercial activity exception — Distinction between sovereign and commercial act turning on nature rather than purpose of act — Lack of profit motive — Whether creating presumption of sovereign act — Kidnapping of plaintiff in Mexico — Kidnapping allegedly arranged by Mexican Government official in order to curry favour with Mexican businessmen — Whether constituting a commercial activity — Whether kidnapping falling within non-commercial tort exception — Requirement that tortious acts be committed in United States — Requirement that tortious acts not committed by foreign State in the exercise of discretionary function — Extent of exception regarding immoveable property — The United States Foreign Sovereign Immunities Act 1976 — Whether conferring immunity on wife of Head of State — The law of the United States

State immunity — Head of State's immunity — Waiver — Corporation owned by Head of State — Whether alter ego — Filing of counterclaim by corporation — Whether constituting waiver of Head of State immunity

Relationship of international law and municipal law — Foreign relations interest in litigation before municipal courts — Action against alter ego of Head of State — Evidence from Executive — The law of the United States

State immunity — Jurisdictional immunity — Commercial activity exception — Distinction between sovereign and commercial acts — Distinction turning on nature rather than purpose of act — Lack of profit motive — Whether creating presumption of sovereign act — Greece — Constitutional obligation to provide health care for citizens — Contract to provide kidney transplants for Greek citizens in United States hospitals — Whether entering into contract a commercial activity — Whether courts required to determine if commercial activity undertaken in the United States — Foreign Sovereign Immunities Act 1976 — The law of the United States

Relationship of international law and municipal law — Act of State and justiciability — Nature of act of State doctrine in United States law — Respect for sovereign independence of State — Judicial restraint in matters of foreign relations — Whether act of State doctrine applicable to acts committed in violation of international law — Murder — Whether doctrine applicable to unauthorized acts of State official — Whether doctrine applicable to sovereign acts occurring within the United States — Whether judicial proceedings in foreign State constituting act of State — Relationship between act of State doctrine and doctrine of sovereign immunity

State immunity — Jurisdictional immunity — Exception to immunity — Non-sovereign acts — Assassination of United States resident in the United States — Assassination arranged by foreign government official — Whether falling within noncommercial tort exception — Requirement that tort committed within “scope of employment” — Doctrine of respondeat superior — Application of doctrine in determining whether assassination carried out within “scope of employment” — Whether foreign State entitled to immunity under discretionary function exception — Foreign Sovereign Immunities Act 1976 — Whether superseding act of State doctrine — The law of the United States

State immunity — Jurisdictional immunity — Corporation controlled by instrumentalities of State — Liability of State for acts of instrumentalities — Presumption of separate legal personality — Establishment of agency relationship between State and instrumentality — Whether rebutting presumption of separate legal personality — Burden of proof — Standard of proof — Commercial activity exception — Instrumentalities of Iranian Government depriving United States corporation of its control of Iranian company — Whether constituting a commercial activity — Whether having direct effect within the United States — Waiver — Filing of motion — Whether constituting an implied waiver — Iran-United States Treaty of Amity, 1955 — Foreign Sovereign Immunities Act 1976

Relationship of international law and municipal law — Treaties — Effect in municipal law — Algiers Accords, 1981 — Decisions by Iran-United States Claims Tribunal — Finding that corporation controlled by Iran — Whether finding conclusive in subsequent State immunity proceedings before United States courts

International tribunals — Iran-United States Claims Tribunal — Decisions — Effect in municipal law — Finding that corporation controlled by Iran — Whether finding conclusive in subsequent State immunity proceedings before United States courts — The law of the United States

Territory — Occupation of foreign territory in time of peace — Ryukyu Islands — Sole administration by United States after Second World War — Responsibilities of administrative authority — Civil administration under direct control of United States Executive — Contract between United States military forces and contractor to construct dam on islands — Whether military forces acting as agent or instrumentality of civil administration — Return of islands to Japan — Liability of United States for obligations arising under contract

Treaties — Effect in municipal law — Whether extinguishing contractual rights — Ryukyu Islands — Administration by United States — Contractor entitled to compensation under terms of contract with United States — Whether treaty returning islands to Japan extinguishing contractors accrued contractual rights — Treaty Providing for the Reversion of the Ryukyu Islands to Japan, 1972 — The law of the United States

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 concerning employment discrimination at United States military bases — Treaty exception — Whether including Executive agreements

Treaties — Form — Executive agreement — Effect in municipal law — Whether constituting a treaty — The law of the United States

Treaties — Interpretation — Principles of interpretation — Application by municipal courts — Plain meaning of treaty provision — Objects and purposes of treaty — Intention of the parties — Statements by parties to treaty regarding intention — Whether conclusive — Japan-United States Friendship, Commerce and Navigation Treaty, 1953

Economics, trade and finance — Bilateral commercial treaties — Purposes — Distinction between national treatment and most favoured nation treatment — Japan-United States Friendship, Commerce and Navigation Treaty, 1953 — The law of the United States

Treaties — Application by municipal courts — Interpretation — Regulations issued by United States Executive implementing treaty obligations — Extent to which United States courts bound by Executive’s interpretation of treaties — NATO Status of Forces Agreements 1951 and 1959

Relationship of international law and municipal law — Interpretation of legislation — Presumption that Congress did not intend to legislate in manner contrary to treaty obligations — Legislation concerning employment discrimination at United States military bases — Treaty exception to legislation — Whether exception including regulations issued by Executive pursuant to treaty obligation

Treaties — Form — Regulations issued by Executive implementing treaty obligations — Effect in municipal law — Whether constituting a treaty — NATO Status of Forces Agreements, 1951 and 1959 — The law of the United States

Air — Civil air transport — Liability of international air carriers — Loss of cargo — Warsaw Convention, 1929, Articles 22 and 23 — Liability limit linked to value of gold — Liability limit expressed by air carrier in United States dollars — Method of conversion — Validity

Relationship of international law and municipal law — Status of treaties in United States law — Self-executing treaties — Whether provisions of self-executing treaty can be abrogated by enactment of conflicting domestic legislation — Presumption that Congress did not intend to legislate in a manner contrary to treaty obligations — Statement by Executive that treaty obligation extant — Whether conclusive

Treaties — Effect in municipal law — Whether conferring rights upon individuals — Warsaw Convention, 1929 — Allegation by plaintiff that treaty provisions rendered inoperative by doctrine of rebus sic stantibus — Assertion by treaty parties that treaty extant — Whether plaintiff precluded from asserting doctrine

Economics, trade and finance — Gold — “Official” price of gold in the United States — Warsaw Convention, 1929, Article 22 — Liability limit of air carriers linked to value of gold — Abolition of “official” price of gold in the United States — Effect on enforceability of Convention in the United States

Treaties — Interpretation — Principles of interpretation — Application by municipal courts — Object and purpose — Reference to travaux préparatoires — Subsequent practice of the parties — Warsaw Convention, 1929, Article 22 — The law of the United States

Treaties — Interpretation — Application by municipal courts — Intention of the parties — Statements by United States Executive as evidence of parties’ intentions — Whether conclusive

Relationship of international law and municipal law — Treaties — Interpretation — By municipal courts — Statements by United States Executive — Extent to which United States Courts bound by Executive’s interpretation of treaties

Economics, trade and finance — Bilateral commercial treaties — Whether permitting employment discrimination in host State — Greece-United States Friendship, Commerce and Navigation Treaty, 1951, Article XII(4)

Treaties — Effect in municipal law — Whether prevailing over conflicting municipal legislation — Greece-United States Friendship, Commerce and Navigation Treaty, 1951, Article XII(4) — The law of the United States