Sea — Maritime boundaries — Delimitation — Arbitral tribunal asked to decide whether agreement concluded by colonial powers in force between successor States — Agreement only effecting delimitation of maritime areas existing at time concluded — Relevance of customary international law

State succession — Treaties — Agreement concluded by colonial powers regarding maritime delimitation — Whether binding upon successor States — Effect of declaration of tabula rasa on agreement

State succession — Boundaries — Principle of uti possidetis — Whether applicable to maritime boundaries — Principles of sovereignty over natural resources — Effect on maritime delimitation agreement concluded by colonial powers — Liberation movement operating in colony — Whether restricting authority of colonial power to conclude treaties in respect of colony

Arbitration — Arbitration agreement — Maritime boundary delimitation — Competence of tribunal — Arbitration agreement concluded by States not party to agreement which formed subject-matter of arbitration — Competence of tribunal in respect of earlier agreement

Treaties — Validity — Effect of breach of internal law on validity of treaties — Relevance of practice in assessing whether breach of internal law renders treaty invalid — Effect of non-registration of treaty with United Nations — Franco-Portuguese exchange of letters, 1960 — Article 46 of the Vienna Convention on the Law of Treaties

War and armed conflict — Occupied territories — Powers and duties of occupant — Deportation from occupied territory — Fourth Geneva Convention, 1949 — Article 49 — Whether imposing total prohibition on deportations — Whether prohibiting occupying Power from deporting individuals accused of engaging in terrorist activities or incitement to violence — Historical background to Article 49 — Mass deportations during Second World War — Whether Article 49 confined to deportations of this kind — Relationship between Article 49 of the Fourth Convention and Article 43 of the Hague Regulations on Land Warfare, 1907 — Courts in occupied territories — Role of Supreme Court of Israel in reviewing acts of occupation authorities — Applicability of Fourth Geneva Convention to occupied territories in the Middle East — Policy of Government of Israel that it would honour humanitarian provisions of Convention — Duration of occupation — Gaza Strip — Whether authority of Military Government terminated by Treaty of Peace between the Arab Republic of Egypt and Israel, 1979 — Whether regime still one of belligerent occupation

War and armed conflict — Peace treaties — Treaty of Peace between the Arab Republic of Egypt and Israel, 1979 — Legal effects — Gaza Strip — Whether regime of belligerent occupation terminated

Relationship between international law and municipal law — Treaties — Effect in municipal law — Israel — Rule that treaties do not form part of the law of Israel unless incorporated by legislation — Parallel rule in English law — Exception in respect of treaties stating rules of existing customary international law — Fourth Geneva Convention, 1949, Article 49 — Prohibition of deportations — Whether a codification of customary international law

Sources of international law — Treaties — Codification and progressive development — Conditions under which innovative provision in treaty can come to reflect customary international law — Acceptance of provision in State practice — Fourth Geneva Convention, 1949

Treaties — Application by municipal courts — Treaty not incorporated into municipal law by legislation — Whether provisions of treaty may be enforced by municipal courts

Treaties — Interpretation — Principles of interpretation — Object and purpose of treaty provision — Historical background — Reference to travaux préparatoires — Vienna Convention on the Law of Treaties, 1969, Articles 31 and 32 — Principle that treaty provision imposing limitations on the authority of a sovereign State should be narrowly construed — The law of Israel

Nationality — Dual nationality — Liability to military service — Hague Protocol Relating to Military Obligations in Certain Cases of Double Nationality, 1930 — Dual national completing military service in one State — Whether liable to military service in other State of nationality if he becomes permanently resident there

Relationship of international law and municipal law — Treaties — Cyprus — Treaties possessing status superior to national legislation — The law of Cyprus

Nationality — Dual nationality — Effective nationality — Hague Convention on Certain Questions Relating to the Conflict of Nationality Laws, 1930 — Right of State to treat dual national as its citizen when present in territory of State — Military service — Hague Protocol Relating to Military Obligations in Certain Cases of Double Nationality, 1930

Relationship of international law and municipal law — Treaties — Cyprus — Treaties possessing status superior to national legislation — The law of Cyprus

War and armed conflict — Prisoners of war — Definition of — Distinction between prisoners of war and civilian prisoners — Cyprus — Cypriot national granted deferment of military service in order to complete studies — Detention by Turkish army during 1974 conflict — Whether a prisoner of war — Repatriation of prisoners of war — Geneva Convention Relative to the Treatment of Prisoners of War, 1949 — Articles 4(A), 117, 118 and 119

Relationship between international law and municipal law — Treaties — Constitution of Cyprus — Treaties possessing superior status to national legislation — The law of Cyprus

Relationship of international law and municipal law — Treaties — Treaties having superior force to municipal laws — International Telecommunications Conventions

Treaties — Effect in municipal law — Constitutional provision granting treaties superior force under municipal law — International Telecommunications Conventions — Whether powers granted under Conventions to be exercised only by State executive organs — Legal effect of decision by public authority to refuse to send telegram on basis of convention

Treaties — Interpretation — International Telecommunications Conventions — Refusal to send telegram on grounds of public order and security — Whether contents of telegram constituted threat to public order and security — The law of Cyprus

Diplomatic relations — Embassy — Premises — Duties of receiving State — Premises ceasing to be used for purposes of embassy — Change of government in sending State — Members of diplomatic mission declining to serve new government — No appointment of new diplomatic representatives by sending State — Occupation of former embassy premises by squatters — Risk that squatters might acquire title by adverse possession — Secretary of State vesting title to premises in himself — Diplomatic and Consular Premises Act 1987 — Requirement that Secretary of State satisfy himself that action permissible under international law — Role of the courts — Judicial review — Vienna Convention on Diplomatic Relations, 1961 — Whether Secretary of State's action compatible with Convention

Diplomatic relations — Severance — Circumstances amounting to severance — Duties of receiving State regarding premises of mission — Relations between Cambodia and the United Kingdom — Overthrow of Government of Cambodia in 1975 — Cambodian diplomats in London declining to serve new regime — New regime displaced by invasion in 1978 — United Kingdom withdrawing recognition of new regime following invasion — Absence of dealings between United Kingdom and regime installed by invasion — Whether tantamount to severance of diplomatic relations — Vienna Convention on Diplomatic Relations, 1961, Article 45 — Whether applicable to premises formerly used by Cambodian diplomatic mission in London

Governments — Change of government — Effects — Changes of government in Cambodia in 1976 and 1978–9 — Effects on diplomatic representation in the United Kingdom — Withdrawal of recognition of Pol Pot Government by United Kingdom in 1979 — United Kingdom not recognizing or dealing with any rival regime in Cambodia

Recognition — Governments — Withdrawal of recognition — Cambodia — United Kingdom withdrawing recognition of Pol Pot Government without recognizing any other government

Relationship of international law and municipal law — Act of State and justiciability — Whether English courts appropriate forum for resolution of dispute between United Kingdom and foreign State — Diplomatic and Consular Premises Act 1987 — Requirement that Secretary of State satisfy himself that proposed action in accordance with international law — Whether duty of court to determine if action actually compatible with international law — The law of England

International organizations — Personality — Concept of international legal personality — Whether international organization possessing legal personality in English law — Organization of which United Kingdom not a member — Arab Monetary Fund — Whether legal personality of Arab Monetary Fund under international law can be recognized by English courts — Whether Arab Monetary Fund has standing to sue in English courts — Arab Monetary Fund Agreement, 1976 — Incorporation of Agreement into law of United Arab Emirates — Whether conferring legal personality under United Arab Emirates law — Whether English courts may treat Arab Monetary Fund as a legal person deriving status from law of United Arab Emirates

Relationship of international law and municipal law — Act of State and justiciability — Doctrine of non-justiciability in English law — Scope and extent — Principle that English courts may not adjudicate upon or enforce treaties — Extent to which existence of treaty must be taken into account by English courts — Relevance of treaty creating Arab Monetary Fund in determining effect of legislation in United Arab Emirates conferring legal status upon Arab Monetary Fund

Treaties — Application by municipal courts — Principle that English courts may not adjudicate upon or enforce a treaty — Treaty establishing Arab Monetary Fund — Whether English courts may treat Arab Monetary Fund as possessing legal personality and standing to sue in English courts — Extent to which English courts may take treaty into account

Comity — Recognition of foreign laws — United Arab Emirates law giving effect to legal personality of Arab Monetary Fund — Whether English courts required or entitled to recognize personality of Arab Monetary Fund under that law — The law of England

International organizations — International administrative tribunals — United Nations Administrative Tribunal — Competence — Function in reviewing exercise of discretion regarding staff appointments

International organizations — Officials — Terms and conditions of employment — United Nations — Official seconded from government service — Meaning of secondment — Whether official has legitimate expectation that he will be given reasonable consideration if applying for a permanent appointment — United Nations General Assembly Resolution 37/126

International organizations — Officials — Independence — United Nations — Relationship between official and State of nationality — Official seconded from government service and seeking asylum — Whether official may be appointed to permanent post in United Nations without consent of State of nationality — Whether lack of consent a factor in refusing a permanent appointment in present case

International organizations — International administrative tribunals — United Nations Administrative Tribunal — Committee on Applications for Review of Administrative Tribunal Judgments — Role of Tribunal — Role of International Court of Justice

International organizations — Officials — Terms and conditions of employment — United Nations — Official on temporary contract — Official seconded from government service — Meaning of secondment — Whether legal impediment to consideration of official for permanent post — Whether official entitled to reasonable consideration of application for permanent post — United Nations General Assembly Resolution 37/126 — Whether reasonable consideration entails formal procedure for consideration of application — Discretion of Secretary-General — Whether Secretary-General had unreasonably fettered own discretion

International organizations — Officials — Independence — Relationship between official and State of nationality — Official seconded from government service — Official seeking asylum — Whether official may be given permanent appointment without consent of State of nationality — Whether lack of consent a factor in case

International Court of Justice — Advisory jurisdiction — Scope — Applications for review of judgments of the United Nations Administrative Tribunal — Proper function of Court — Formulation of questions put to Court — Whether Court entitled to reformulate questions

Claims — Nationality of claims — Corporation — Requirement that corporation prove United States nationality by proving that at all relevant times 50% or more of its shares were owned by United States citizens — Method of proof — Inferences regarding share ownership — Ownership of claim — Requirement of continuous ownership of claim from date when claim arises to 19 January 1981

Expropriation — Definition — Progressive taking of property — Interference with property amounting to deprivation of ownership — Compensation — Standard of compensation under international law — Appropriate compensation — Valuation of property — Physical assets — Evidence of valuation — Loss of profits and goodwill — Whether undertaking to be valued as a going concern — Business prospects to be assessed in light of political situation in expropriating State

International tribunals — Iran-United States Claims Tribunal — Procedure — Evidence — Evidential difficulties of Claimant denied access to documents — Legitimate inferences — Award of interest and costs — The law and practice of the Iran-United States Claims Tribunal

Expropriation — Compensation — Oil concession — Settlement agreement — International tribunals — Iran-United States Claims Tribunal — Procedure — Award on agreed terms — Payment from Security Account — The law and practice of the Iran-United States Claims Tribunal

Expropriation — Definition — Taking of property — Whether limited to tangible property — Whether including taking of contractual rights — Iran-United States Treaty of Amity, Economic Relations and Consular Rights, 1955, Article IV(2) — Date of taking — Joint owner effectively excluded from participation in management of company — Whether amounting to expropriation of interest in company

Expropriation — State contracts — Force majeure — Effects — Whether contract terminated — Contractual provisions regarding force majeure — Parties to contract — Contract between State corporation and foreign company — Contract approved by government and legislature of State — Whether State a party

Expropriation — Requirements for lawful expropriation — Compliance with domestic law of expropriating State — Whether a requirement of international law — Discrimination — Whether objective justification for differential treatment — Public purpose requirement — Stabilization clauses — Whether capable of binding State — Right to nationalize

Expropriation — Compensation — Standard of compensation — Distinction between lawful and unlawful expropriations — Concept of full value — Iran-United States Treaty of Amity, Economic Relations and Consular Rights, 1955, Article IV(2) — Whether including lucrum cessans — Concept of ‘going concern value’ — Methods of assessment of compensation — Discounted cash flow method — Net book value

Claims — Exhaustion of local remedies — Applicability of local remedies rule — Iran-United States Claims Tribunal — Whether claimant required to exhaust local remedies before commencing proceedings — Nationality of claims — Requirement that claimants be United States nationals or United States corporations — Claim by United States corporation regarding expropriation of assets of wholly owned Swiss subsidiary

Damages — Measure of damages — Expropriation — Unlawful expropriation — Whether measure of damages for unlawful expropriation to be distinguished from assessment of compensation in case of lawful expropriation

International tribunals — Iran-United States Claims Tribunal — Jurisdiction — Procedure — Award on agreed terms

Treaties — Effect — Whether conferring rights upon individuals — Iran-United States Treaty of Amity, Economic Relations and Consular Rights, 1955, Article IV(2) — Whether Iran-United States Claims Tribunal required to apply standards laid down in Treaty irrespective of whether Treaty confers rights on individuals — Treaty as source of customary international law — The law and practice of the Iran-United States Claims Tribunal

International organizations — International administrative tribunals — World Bank Administrative Tribunal — Competence — Dispute concerning alleged non-observance of contracts of employment or terms of appointment — Function of Tribunal — Applicable law — Internal law of the World Bank — General principles of law — Relevance of decisions of other international administrative tribunals — Concept of review by Tribunal of exercise of discretion by World Bank — Procedure — Representative cases

International organizations — Officials — Terms and conditions of employment — Relationship between contract of employment and other sources of employment law — World Bank — Articles of Agreement of the Bank — By-laws — Personnel Manual and Field Office Manual — Expectations of staff members — Power of World Bank to amend general rules regarding terms and conditions of employment — Whether a contractual power — Whether dependent upon employee's acceptance of power of amendment — Balance of rights and duties of staff — Conditions of employment central to that balance not subject to unilateral amendment — Limitations upon Bank's power to amend other conditions of employment — Non-retroactivity — Requirement that amendment be proportionate to the goal which it was sought to achieve — Requirements of reasonableness and good faith

International organizations — Officials — Terms and conditions of employment — Salaries — Tax reimbursement — Adjustments to take account of changes in cost of living — Changes in methods of assessment — Whether legitimate

International organizations — Officials — Terms and conditions of employment — Termination of employment — Concept of due process — Equity — Duty of organization to state true reason for termination — Compensation for failure to state true reason — Claim for arrears of salary — Presumption that organization will deal with claim in good faith

International organizations — International administrative tribunals — World Bank Administrative Tribunal — Procedure

International organizations — Officials — Terms and conditions of employment — Termination of employment — Probationary staff member — Decision not to confirm probationary staff member in post — Unsatisfactory performance — Failure to detail areas in which performance unsatisfactory — Concept of due process — Equity — Review by Tribunal of discretionary decision — Grounds for review — Compensation for material damage — Basis on which compensation assessed — Compensation as remedy when rescission of decision not sought — Publication of decision as remedy for non-material damage

International tribunals — International administrative tribunals — World Bank Administrative Tribunal — Procedure — Review of decisions — Grounds for review — Tribunal not to substitute own discretion for that of decision maker — Remedies for decision tainted by illegality — Compensation — Costs

International organizations — Officials — Terms and conditions of employment — Concept of due process — Equity — Closure of department — Procedure for reassignment of staff of department — Whether memorandum setting out this procedure became part of terms and conditions of employment — Duty of employer to use best efforts in good faith to secure new assignment at same level — Non-observance of procedures — Effect — Whether non-observance of procedures legitimate ground for complaint — Remedy — Termination package — Pecuniary claims

International tribunals — International administrative tribunals — World Bank Administrative Tribunal — Procedure — Remedies

International organizations — Officials — Terms and conditions of employment — Appeals procedures — Administrative tribunal — Finality of judgments — Application for revision — Appeals Committee — Alleged procedural illegalities

International tribunals — International administrative tribunals — World Bank Administrative Tribunal — Finality of judgments — Application for revision — New facts — Whether events occurring after decision can form basis for application for revision — Requirement that decision state reasons — Whether full discussion of reasons for rejecting each plea required