Territory — Boundaries — Land boundaries — Boundary dispute — Demarcation — Boundary between Iraq and Kuwait — Establishment of United Nations Commission — Task of Commission to demarcate existing boundary — Agreements between Iraq and Kuwait of 1923, 1932 and 1963 — Location of boundary — Difference between demarcation of existing agreed boundary and allocation of territory — Principles of demarcation

Sea — Maritime boundaries — Demarcation — Adjacent States — Boundary between Iraq and Kuwait — Demarcation of maritime boundary by United Nations Commission — Principles — Access to coast from open sea

International organizations — United Nations — Security Council — Collective security — Powers of Council under Chapter VII of the United Nations Charter — Iraq — Security Council Resolution 687 (1991) — Establishment of boundary commission

War and armed conflict — Use of force under authority of United Nations Security Council — Conflict with Iraq following 1990 invasion of Kuwait — Termination of conflict — Grounds for termination — Security Council Resolution 687 (1991) — Demarcation of boundary between Iraq and Kuwait

States — Right of self-determination of peoples — Exercise of right of self-determination by German people — Reunification of Germany — Whether constituting overriding constitutional requirement — Whether taking priority over protection of property rights of individuals — Federal Republic of Germany-German Democratic Republic Unification Treaty, 1990 — Preamble to Basic Law of Federal Republic, 1949

State responsibility — Taking of property — Expropriation of property in East Germany during occupation by Soviet Union, 1945–49 — Whether individuals affected entitled to restitution or compensation — Extent of responsibility of Federal Republic of Germany — Effect of German reunification — Joint Declaration of two German States that expropriations now irreversible — Incorporation of Declaration into Unification Treaty — Article 41 of Treaty

Claims — State control over private claims — Extinction of claims by treaty — Property expropriated by occupation authorities in East Germany, 1945–49 — Agreement between two German States at time of German reunification to exclude restitution of expropriated property — Whether violating property rights of individuals affected — Relevance of fact that any claims brought under international law would have been unenforceable

State succession — Germany — Reunification — Demise of German Democratic Republic with accession of its Länder to Federal Republic of Germany — Whether constituting State succession — Respect for private rights — Scope of responsibility of Federal Republic for property claims of individuals in former German Democratic Republic

Treaties — Conclusion and operation — Constitutional limitations — Compatibility of treaty with Basic Law of Federal Republic of Germany — Unification Treaty, 1990 — Constitutional amendments necessary for achievement of German reunification — Amendment excluding restitution of property expropriated during occupation of East Germany by Soviet Union, 1945–49 — Whether compatible with basic constitutional principles of the rule of law and social justice — Basic Law, Article 79(3) — Inclusion of amendments in Unification Treaty — Whether constituting an acceptable procedure under the Basic Law

Territory — Occupation of foreign territory at end of war — Occupation of East Germany by Soviet Union, 1945–49 — Expropriation of property — Legality — Claims to restitution and compensation — Whether Federal Republic becoming liable to satisfy such claims following German reunification — Effects of changes of sovereignty — Reunification of Germany — Legal consequences — Whether Federal Republic becoming liable for reparation of unlawful acts committed on territory of former Soviet zone by occupation authorities — Basic Law of Federal Republic, Article 23(1)

States — Continuity of States — German reunification — Demise of German Democratic Republic with accession of its Länder to Federal Republic of Germany — Whether Federal Republic responsible for measures taken by occupation authorities in East Germany and subsequently acquiesced to by German Democratic Republic — Unification Treaty, Article 4(4) — Whether German Democratic Republic always to be considered as foreign State in relation to Federal Republic

States — Sovereignty and independence — In foreign relations — Power of courts to review executive action — Decisions taken by Government of Federal Republic of Germany in negotiations leading to German reunification — Whether subject to judicial review

Expropriation — Compensation — Property expropriated in East Germany during Soviet occupation, 1945–49 — Measure of compensation required by Basic Law of Federal Republic of Germany — Whether restitution required — Whether full compensation equivalent to restitution required — Criteria for determining appropriate level of compensation — Relevance of overall financial obligations of the Federal Republic — Relevance of fact that most property for which restitution being sought now publicly owned

Expropriation — Extraterritorial effect — Expropriation without compensation carried out by foreign State — Recognition of effectiveness in forum State — Limitation to property within expropriating State — Territoriality principle — Public policy exception — Scope of exception

Damages — Measure of damages — Expropriation and interference with property — Circumstances in which full compensation not required — Property expropriated in East Germany during Soviet occupation, 1945–49 — Compensation payable by Federal Republic of Germany following German reunification — Whether level of compensation subject to executive discretion — Relevance of overall financial commitments of Federal Republic following reunification

Relationship of international law and municipal law — Recognition and enforcement of foreign laws — Duty of recognition under international law — Expropriatory legislation — Territoriality principle — Public policy exception — Whether non-payment of compensation justifies non-recognition of legislation with regard to property within expropriating State

War and armed conflict — Enforcement of the laws of war — Compensation and reparations — Equalization of the burdens of war by Federal Republic of Germany — Extent of responsibilities of the Federal Republic — Whether obligated to grant restitution of property expropriated in former East Germany — Whether obligated to grant full compensation

Human rights — Procedure for enforcement — Fundamental rights under Basic Law of Federal Republic of Germany — Property rights — German reunification — Agreement to exclude restitution of property expropriated during Soviet occupation of East Germany, 1945–49 — Whether violating fundamental rights under the Basic Law

Relationship of international law and municipal law — Treaties — Federal Republic of Germany-German Democratic Republic Unification Treaty, 1990 — Compatibility with Basic Law of Federal Republic — The law of the Federal Republic of Germany

State succession — Union of States — German reunification — Demise of German Democratic Republic with accession of its Läuml;nder to Federal Republic of Germany — Whether constituting case of State succession — Continuity of the law — Criminal law — Prosecution of head of intelligence of former German Democratic Republic for engaging in espionage against Federal Republic — Whether permissible following absorption of German Democratic Republic into Federal Republic — Whether any rules of international law governing internal relationship between two States in such circumstances

States — Continuity of States — Reunification of Germany — Whether former German Democratic Republic still to be regarded as foreign State in relation to Federal Republic of Germany — Whether absorption of former German Democratic Republic altering status of Federal Republic as subject of international law

Jurisdiction — Territorial — Jurisdiction over foreigners — Criminal jurisdiction — Espionage activities in peacetime — Offences committed abroad — Exercise of extraterritorial jurisdiction — Whether contrary to international law — Whether justified for protection of essential State interests

States — Conduct of foreign relations — Espionage in peacetime — Whether permissible under international law — Absence of treaty practice or rule of customary international law

Territory — Effects of changes of sovereignty — Reunification of Germany — Legal consequences — Whether spies of former German Democratic Republic subject to criminal prosecution in Federal Republic of Germany following reunification

Reprisals and countermeasures — Espionage — Appropriate countermeasures — Espionage by German Democratic Republic against Federal Republic of Germany — Criminal prosecutions — Whether appropriate following German reunification — Failure of German States to reach agreement concerning treatment of members of intelligence services of former German Democratic Republic — Whether amnesty should be granted by Federal Republic — Relevance of facts that activity in question was regarded as lawful in German Democratic Republic and did not involve human rights abuses

War and armed conflict — Spies — Hague Regulations on the Laws and Customs of Warfare on Land, 1907, Article 31 — Unlawfulness of prosecution for espionage where spy captured after having rejoined his regular army — Whether rule forming part of customary international law — Whether rule applicable by analogy to prevent prosecution by Federal Republic of Germany of former spy of German Democratic Republic following German reunification

Relationship of international law and municipal law — Customary international law — State succession — Rights of individuals — Whether any rules of customary international law concerning treatment of individuals following State succession — Espionage in peacetime — Whether any rule of customary international law concerning treatment of spies captured in peacetime on territory of their own State

Human rights — Procedure for enforcement — Fundamental rights under Basic Law of Federal Republic of Germany, Article 3(1) — Equality of treatment — Prosecution for espionage of head of intelligence of former German Democratic Republic following German reunification — Whether prosecution violating principle of equality — The law of the Federal Republic of Germany

Relationship of international law and municipal law — Treaties — Effect in municipal law — National legislation implementing treaties — Interpretation — Legislation not implementing all provisions of relevant article of Treaty — Presumption that Congress intended to legislate in a manner which fulfilled treaty obligations of the United States

Jurisdiction — Principles — Territorial principle — Protective principle — Nationality principle — Passive personality principle — Extraterritorial jurisdiction — Presumption against extraterritorial effect of legislation — Whether extraterritorial jurisdiction can be inferred from statute

Treaties — Effect in municipal law — Implementing legislation — United States legislation implementing the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, 1973, Article 3 — Legislation not implementing all provisions of relevant article of Treaty — The law of the United States

Relationship of international law and municipal law — Conduct of foreign relations — Power to declare war — United States Constitution granting Congress the power to declare war — Participation of United States forces in Vietnam conflict and other conflicts in South-east Asia — Whether President entitled to order participation without prior congressional declaration of war — Whether justiciable question — Political question doctrine

War and armed conflict — War — Definition — Participation by United States forces in Vietnam and other South-east Asian military conflicts — Whether participation constituting a war — The law of the United States

Relationship of international law and municipal law — Conduct of foreign relations — Military assistance to foreign governments in south–east Asia — Funding — United States Constitution — Requirement of lawful appropriation of Treasury funds — Whether military assistance unlawful — Whether justiciable question — Political question doctrine

War and armed conflict — south–east Asia — Provision of military assistance to governments in south–east Asia by the United States — Whether military assistance lawful — Relationship between powers of United States courts, Congress and Executive — The law of the United States

State succession — Rights and obligations — Single State succeeded by several States — Germany — German Democratic Republic and Federal Republic of Germany as successors to German Reich — Scope and nature of acquired rights and obligations — Whether limited to rights and obligations within territorial jurisdiction of each successor State — Right of German Democratic Republic to claim for valuable painting belonging to German Reich — Refusal by German Democratic Republic to recognize obligations of German Reich — Whether precluding enforcement of rights in the United States courts — Doctrine of unjust enrichment

Recognition — States — Effects of recognition and non-recognition — Effects in law of recognizing State — German Democratic Republic — Non-recognition by the United States — Whether non-recognition suspending application of limitation period under New York Statute of Limitations — Subsequent recognition by United States — Effect upon right of access to municipal courts

Relationship of international law and municipal law — Conduct of foreign relations — Recognition of States — Conclusiveness of recognition by the Executive — Recognition including right of access to municipal courts — Whether courts having power to withhold right of access — Political question doctrine

States — Continuity of States — Germany — Status of Germany after 1945 — Whether Federal Republic of Germany sole successor to German Reich — Constitution of Federal Republic of Germany — Whether precluding German Democratic Republic from claiming as successor to German Reich

War and armed conflict — Occupation of territory — Nature and effect of occupation — Effect on sovereignty — Status of laws enacted by prior sovereign — German Reich — Occupation by Allied Powers — Territory in Eastern Germany temporarily administered by United States Military Government — Territory subsequently becoming part of Soviet Zone of Occupation — Status of laws enacted by German Reich — Status of laws promulgated by United States and Soviet Military Governments

Relationship of international law and municipal law — Act of State doctrine and justiciability — Commercial activity exception — Repudiation of contractual obligations by State legislature — Whether a commercial activity — Principle that United States court will not question the validity of expropriation by foreign State of property within that State's territory — Situs of property — Obligation by State to pay annuity to descendants of former sovereign

Expropriation — Debt — Situs of debt — Obligation by German Democratic Republic to pay annuity to descendants of former sovereign — Whether obligation sited in the German Democratic Republic

State immunity — Jurisdictional immunity — Counterclaim exception — Requirement that counterclaim arising out of the subject matter of claim by foreign State — Claim by instrumentality of German Democratic Republic for paintings — Cross-claim against German Democratic Republic for non-payment of contractual obligations — Whether within counterclaim exception — United States Foreign Sovereign Immunities Act 1976

Sources of international law — General principles of law — Doctrine of unjust enrichment — Applicability to dispute concerning State succession to property rights — The law of the United States

Relationship of international law and municipal law — Conduct of foreign relations — Recognition of States and governments — Conclusiveness of recognition by the Executive — Extinction of State during proceedings — Discretion of United States courts to suspend proceedings pending recognition of successor State

States — Extinction of States — Effect in municipal law — Republic of South Vietnam — Conquest by North Vietnam — Effect on ability to maintain action in United States courts

States — Recognition — Effect of recognition and non-recognition — Effects in law of recognizing State — Extinction of State during proceedings — Non-recognition of successor State — Discretion of United States courts to suspend proceedings pending recognition of successor State

Recognition — States and governments — Conclusiveness of recognition by Executive — Effect in municipal law — The law of the United States

Relationship of international law and municipal law — Conduct of foreign relations — Recognition of governments — Conclusiveness of non-recognition by the Executive — Whether unrecognized government having right of access to municipal courts — Statements and actions by Executive indicating that unrecognized government should have access to municipal courts — Effect — Government of Angola — Non-recognition by United States — Whether permitted to bring suit in United States courts — Political question doctrine

Recognition — Governments — Access by governments to foreign municipal courts — Whether formal recognition of government by forum State required — Significance of needs of Executive in conduct of foreign relations — The law of the United States

Recognition — Governments — Effect of recognition — Effects in law of recognizing State — Right of access to municipal courts — Power of municipal courts to withhold access — Subsequent deterioration in diplomatic relations — Whether constituting grounds for withholding of access — Government of Libya — Whether permitted to enforce arbitral award in United States municipal courts — Significance of needs of Executive in conduct of foreign relations

Arbitration — Enforcement of award — Award rendered abroad — Action for enforcement in municipal courts — New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958, Article V — Conditions for refusal of enforcement — Burden of proof — Post-award interest — Whether enforceable — Application of equitable principles

Claims — State control over claims — United States International Emergency Economic Powers Act — Regulations issued by President limiting Libyan Government’s access to municipal courts — Whether President having power to bar Libyan State corporation from enforcing arbitral award in United States courts

Economics, trade and finance — Economic sanctions — United States International Emergency Economic Powers Act — Regulations applying economic sanctions against Libya — Regulations limiting Libyan Government’s access to municipal courts

Relationship of international law and municipal law — Conduct of foreign relations — Recognition of foreign Governments — Conclusiveness of recognition by the Executive — Political question doctrine — The law of the United States

Environment — Marine pollution — Ballasting — Charge against captain of foreign ship for failing to keep records — Whether ship in Canadian waters — Whether operation requiring entry in records occurred in Canadian waters — Whether Montreal harbour in Canadian waters — Jurisdiction of coastal State — Canada Shipping Act 1970, Section 755 — Oil Pollution Prevention Regulations 1971, Section 31(1)

Jurisdiction — Extraterritorial — Marine pollution — Charge against captain of foreign ship for failing to keep records — Whether Crown must prove that operation requiring entry in records occurred in Canadian waters — Whether application of Canadian regulations to operations occurring on the high seas gives extraterritorial effect to legislation — Canada Shipping Act 1970, Section 755 — Oil Pollution Prevention Regulations 1971, Section 31(1) — The law of Canada

Jurisdiction — Territorial — Offences alleged to have been committed in bay on Lake Superior — Whether internal waters — Accused not Canadian citizen — Whether consent of Attorney-General required for prosecution — Whether court having criminal jurisdiction — Criminal Code, Section 433

Lakes and landlocked seas — Status of waters — Lake Superior — Territorial sea — Internal waters — Geneva Convention on the Territorial Sea and Contiguous Zone, 1958 — Offences alleged to have been committed in bay on Lake Superior — Whether bay internal waters — Territorial Sea and Fishing Zones Act 1970 — The law of Canada

Human rights — Freedom of association — Constitutional protection — Provincial statutes prohibiting lockouts and strikes in public service and providing for compulsory arbitration — Whether amounting to denial of freedom of association — Whether limits reasonably and demonstrably justified in a free and democratic society — ILO Convention (No 87) Concerning Freedom of Association and Protection of the Right to Organize, 1948 — International Covenant on Civil and Political Rights, 1966, Article 22 — International Covenant on Economic, Social and Cultural Rights, 1966, Article 8 — Universal Declaration of Human Rights, 1948 — Canadian Charter of Rights and Freedoms 1982

Treaties — Obligation of States — Human rights — Provincial statutes prohibiting lockouts and strikes in public service — Whether statutes violate Canada’s international legal obligations — International conventions and declarations — ILO Convention (No 87) Concerning Freedom of Association and Protection of the Right to Organize, 1948 — International Covenant on Civil and Political Rights, 1966, Article 22 — International Covenant on Economic, Social and Cultural Rights, 1966, Article 8 — Universal Declaration of Human Rights, 1948 — Aid in interpretation of provisions of the Canadian Charter of Rights and Freedoms, 1982 — Whether freedom of association including the right to strike — Whether limits imposed by statutes justified — The law of Canada

State immunity — Jurisdictional immunity — Employees of foreign government — Unlawful entry and seizure of documents — State Immunity Act 1980 — Cause of action arising before the entry into force of the Act — Restrictive sovereign immunity — Whether applicable — Whether Organized Crime Strike Force separate legal entity from United States Government — Immunity from suit in Canada — The law of Canada

State immunity — Jurisdictional immunity — Labour relations proceedings — Certification proceedings instituted by Canadian union with respect to Canadian support staff at United States navy base located in Canada — Whether United States immune from certification proceedings — Whether employment of civilian support personnel commercial or sovereign activity — Meaning of commercial activity — Whether “private person” test applicable — Canadian State Immunity Act 1980 — The law of Canada

Diplomatic relations — Protection of embassy premises and staff — Occupation of Iranian Embassy by protesters — Duty of receiving State to protect embassy — Initiation of criminal proceedings — Protester found guilty of various offences — Modification of original sentence due to change of government in Iran — The law of the Netherlands

International organizations — Immunity — Officials — International Court of Justice — Agreement between International Court of Justice and the Netherlands, 1946 — Agreement conferring diplomatic status on Deputy Registrar of Court — Tenancy agreement — Action for eviction against Deputy Registrar for breach of agreement — Whether Deputy Registrar immune from civil jurisdiction — Vienna Convention on Diplomatic Relations, 1961 — Article 31(1)(a) of Convention — Exception to immunity — Action relating to private immovable property situated in territory of receiving State — Whether including action for eviction — Request by Court that Deputy Registrar live near place of employment — Whether affecting private status of property — Criteria for determining whether property being used for private purposes

Sources of international law — Treaties — Customary international law — Vienna Convention on Diplomatic Relations, 1961 — Whether declaratory of customary international law

Treaties — Ratification — Effect of non-ratification — Provisions declaratory of customary international law — Interpretation — Object and purpose — Vienna Convention on Diplomatic Relations, 1961, Article 31(1)(a)

Diplomatic relations — Immunity — Diplomatic status conferred on official of international organization — Applicability of Vienna Convention on Diplomatic Relations, 1961 — The law of the Netherlands

State immunity — Jurisdictional immunity — Employment — Teacher employed by ministry of foreign State in foreign State school — Action for wrongful dismissal — Whether foreign State entitled to immunity — Nature of employment relationship — Distinction between sovereign and non-sovereign acts — The law of the Netherlands

State immunity — Jurisdictional immunity — Waiver of immunity — Default judgment entered against foreign State — Whether lodging objection to default judgment constituting waiver of immunity by foreign State

Diplomatic relations — Diplomatic agents — Statement by diplomatic agents that State might pay arbitral award made against company — Company controlled by nationalized banks of State — Whether making of statements constituting a firm commitment by State to pay award — Principle of good faith

Arbitration — Enforcement of award — Award made against corporation controlled by nationalized banks of foreign State — Action against foreign State for enforcement of award in municipal courts — State immunity — Whether courts having power to enforce arbitral award by seizure of property belonging to foreign State

State responsibility — For debts — Arbitral award against corporation controlled by nationalized banks of foreign State — Enforcement proceedings against foreign State — Whether foreign State liable for acts of nationalized banks and corporation Economics, trade and finance — Nationalized banks — Banks owning controlling interest in corporation — Scope and nature of financial obligations to corporation — The law of the Netherlands