Air — Air services agreements — Structure and purpose — Airport landing rights — User charges imposed at airports — Nature of State's duty where user charges imposed by private body — Requirement to use best efforts — Principle of non-discrimination — Requirement that charges should be reasonable — Settlement of disputes regarding air services agreement — United Kingdom-United States Air Services Agreement 1977 (“Bermuda 2”)

Arbitration — Award — Request for clarification of award — Whether within powers of tribunal — Procedure — Rules of procedure — Ad hoc arbitration between States — Power of tribunal to establish rules of procedure

Claims — Local remedies rule — Applicability of rule — Distinction between claims of diplomatic protection and claims concerning wrongs committed against the State — Obligations of contract and obligations of result

Economics, trade and finance — Air services — Airport user charges — Requirement that charges must be reasonable — Criteria for determining whether charges reasonable — Economic evidence — Distinction between structure and level of charges

International tribunals — Arbitral tribunals — Inter-State arbitration — Ad hoc tribunal — Jurisdiction — Procedure

State responsibility — For breach of treaty — Nature of State's obligations under treaty — Obligations of conduct and obligations of result — Distinction — Requirement that State use best efforts — Airport user charges — Obligations of State in respect of charges determined by private airport authority

Treaties — Application — Interpretation — United Kingdom-United States Air Services Agreement, 1977 (“Bermuda 2”) Settlement of disputes

International Law — Binding Force of — Interpretation of Treaties to Conform with Rules of.

Treaties — Interpretation of — Principles and Rules of Interpretation — Existence of — Avoidance of Absurdity — Intention of the Parties — Comparison of Texts in Different Languages — Conformity with Rules of International Law — Literal Interpretation — Restrictive Interpretation.

Treaties — Interpretation of — Miscellaneous — Peace Treaty — Jurisdiction of Conciliation Commission Set Up under.

Treaties — Special Kinds of — Peace Treaties — Nature of.

Arbitration — In General — Conception of Arbitration — Distinction between Arbitral Tribunals and Conciliation Commissions.

Conciliation — Conciliation Commissions — Jurisdiction of — Competence to Determine Jurisdiction — Distinction between Power to Determine Procedure and Power to Determine Jurisdiction — Jurisdiction to Decide on Abstract Questions of Law — Conciliation Commissions Set Up under Peace Treaty — Distinguished from Arbitral Tribunals — Treaties — Interpretation of — Principles and Rules of Interpretation — Existence of — Avoidance of Absurdity — Intention of the Parties — Comparison of Texts in Different Languages — Conformity with Rules of International Law — Literal Interpretation — Restrictive Interpretation — Treaties Regarded as Limitations of Sovereigty of State.

Aliens — Admission of — Alien Seamen — Conditional Admission — International Convention for the Safety of Life at Sea, 1929 — Effect of — Reservation to — Whether Creating Rights in Individuals — The Law of the United States of America.

Treaties — Operation of — Treaty Inconsistent with Subsequent Statute — Effect in Municipal Law — International Convention for the Safety of Life at Sea, 1929 — Consistency with Law Relating to Immigration — The Law of the United States of America.

Treaties — Operation of — Reservations — Whether Creating Rights in Individuals — Subsequent Inconsistent Legislation — Effect of — International Convention for the Safety of Life at Sea, 1929.

Jurisdiction — In general — Territorial — Territorial limits of jurisdiction — Anti-trust legislation — Whether applicable to agreements made abroad by foreign companies — Agreements having damaging effects within Australia — Shipping conference — Australian Industries Preservation Act 1906-1950 — The law of Australia.

International law — Relation to municipal law — Jus gentium — Doctrine of State necessity — Whether part of law of Rhodesia — De jure and de facto Government — Use of international law definition by municipal court — Whether same test to be applied.

States as international persons — Sovereignty and independence In foreign relations — In matters of domestic jurisdiction — Rhodesia — Independent statehood of — Evidence of — Internal autonomy — Colonial status — Power to legislate extra — territorially incompatible there with — Power to confer citizenship — Power to make treaties — Membership of international organizations — Whether sovereignty divisible — Possession of internal sovereignty by one State while another State exercises powers of external sovereignty — Semi — independent States — Whether domestic court has jurisdiction to adjudicate on status of revolutionary Government.

Recognition — Of Governments — De facto, de jure, effective Government, and Government “for the time being” — Meaning of terms — Establishment of new Government by revolution — Relevance of international recognition — Whether recognition a political act or an objective legal appreciation of facts — Whether internal sovereignty depends on external recognition — Whether success of revolution depends on acquiescence or recognition — Whether a question of fact — Requirements of effectiveness and continuity — Evidence — Certificate from Secretary of State for Common wealth Relations — Whether conclusive on courts of territory in which revolutionary Government is operating — Whether court can take judicial notice of what is going on around it — Non — recognition Effect of — Whether a vacuum in the law — Whether court can recognize legislation and administrative acts of unrecognized Government — Doctrine of State necessity — Validity of acts of unrecognized or unlawful Government — Tests — Burden of proof.

International organizations — Membership of — As evidence of independent statehood — United Nations Security Council — Resolutions of — Rhodesia — Effect of Resolutions — Whether constituting international recognition — Whether implying statehood.

States as international persons — In general — Beginning of State existence — Colonies — Rhodesia — Revolution — Acquisition of sovereignty by — Whether a legal order ceases to have validity when it loses efficacy — Whether new legal order acquires de jure validity retrospectively by replacing old order — Whether this doctrine applies to colonies — Constitutional status of Rhodesia — Whether unilateral declaration of independence a “fundamental change of circumstances” — International status of Rhodesia — Whether a State — Acquiescence and recognition — Relevance of — International organizations — Membership of — Relevance of — United Nations Security Council — Resolutions of — Relevance of — Internal and external sovereignty — Whether internal sovereignty depends on international recognition — Whether a question of fact — Duty of judges — Authority of court — Whether derived from 1961 Constitution or 1965 Constitution or from de facto Government.

Consuls — Privileges and Immunities of — Whether Required to Give Evidence in Court — Matters Within Scope of Official Duties — Determination of — Conclusiveness of Determination by Consul — Amenability to Subpoena — Effect of Consular Convention.

Aliens — Expulsion of — Procedure — Due Process of Law — Alien Seaman Lawfully Permanently Resident — Exclusion upon Return from Foreign Voyage — Necessity of a Hearing — Exclusion and Deportation on Basis of Confidential Information — The Law of the United States of America.

Human rights — Scope of protection within the European Community — Whether respect for human rights constituting a condition for the lawfulness of Community acts — Significance of the European Convention on Human Rights within the Community legal order

International tribunals — Court of Justice of the European Communities — Jurisdiction — EC Treaty, Articles 164 and 177 — Competence of Court to give preliminary rulings — Scope of competence — Jurisdiction of Court to ensure observance of fundamental rights by national courts — Whether limited to national legislation falling within the field of application of Community law — The law of the European Community

Treaties — Effect in municipal law — Priority of treaty provisions over conflicting provisions of municipal law — EEC Treaty, 1957 — Legislation enacted by EEC institutions — Status under municipal law — Directives — Conflict between provisions of directive and subsequently enacted municipal law — Whether national legislation incompatible with the requirements of a Community directive must be declared inapplicable by municipal administrative courts

Relationship of international law and municipal law — Treaties — EEC Treaty, 1957 — EEC legislation — Directives — Effect in municipal legal order — French Constitution, Article 55 — Nature of legal order established by Treaty

Treaties — Conclusion and operation — Acts of institutions established by EEC Treaty — Method of implementation under municipal law — EEC Council directive — Conflicting national legislation — Judicial review by administrative courts — Sanction of illegality for incompatible national legislation

State responsibility — Responsibility based on fault — Enactment of municipal law in violation of EEC legislation — Responsibility of French State for failure to meet international obligations — Liability of national authorities to pay compensation when noncompliance with Community norms causes loss to individuals

Damages — Violation of European Community law — Failure of authorities in Member State to comply with provisions of Community directive — Entitlement of individuals to compensation from national authorities for loss suffered — Measure of damages — Lucrum cessans

International organizations — EEC — Powers — Legislation — Directives enacted by Council — Effect in municipal legal order — Failure by Member States to correctly implement provisions of directive — Proceedings before national courts — Whether such failure giving rise to claim for damages by individuals against Member State

International organizations — EEC — Institutions — Court of Justice of European Communities — Effect of decisions in municipal legal order of Member States

Economics, trade and finance — State commercial monopoly — European Community rules on freedom of trade — Council Directive No 72/464 on Manufactured Tobacco — Effect on State tobacco monopoly — Fixing of prices for imported tobacco by national authorities in violation of directive — Annulment of ministerial decisions by administrative courts — Whether any entitlement to claim compensation from national authorities for companies affected — The law of France

State territory — Parts of — Boundaries — Land boundaries — No established historical boundary line — Concept of a boundary belt — Recognition and acquiescence by territorial sovereign or suzerain state — Relinquishment of potential sovereign rights — Effect on successor states — Evidential value of maps — Acts in assertion of sovereignty — Exercise of jurisdiction in remote and uninhabited region — Relevance of acts of private individuals — Considerations of equity — Relevance of contiguity

Jurisdiction in General — Territorial and Personal — Crimes Committed by Foreigners within the Realm — Crimes also taking Effect in Foreign Jurisdiction.

Boundaries — Boundary Rivers — The Doctrine of Medium Filum — Medium Filum and Boundary Line in Niagara Not Identical

Treaties — Operation and Enforcement of — Effect in Municipal Law — Later Inconsistent Statute — Whether Prevailing over Treaty in Municipal Law — Commercial Conventions — Reciprocal Trade Agreements — Customs Duty — Preference — Meaning of — The Law of the United States of America.

States as International Persons — Equality of States — Treaties of Peace — Matters of Nationality.

State Responsibility — Claims — Nationality of — Right of Dual National to Claim under Treaty — Rule of Non-protection of Individual against State of Nationality — Test of Dominant or Effective Nationality — Criteria of Test.

Treaties — Conditions of Validity of — Relevance of Element of Constraint and Absence of Equality — Treaties of Peace.

Treaties — Ratification of — Effect of Multilateral Convention Ratified by Some Parties Only.

Treaties — Interpretation of — Principles and Rules of — Interpretation by Reference to Intention of the Draftsman — Literal Interpretation — “The spirit of the treaty” — Restrictive Interpretation — Interpretation by Reference to Principles of International Law — Interpretation by Reference to Authoritative Writings.

Treaties — Interpretation of — Miscellaneous — Provisions in Derogation of Rules of International Law.

Arbitration — Law Applied by Arbitral Tribunals — Dual Nationals — Principle of Effective Nationality.

Conciliation — Conciliation Commissions — Practice of — Law Applied by — Reference to Decisions of Arbitral and Other International Tribunals.

War — Enemy Character — Of Individuals — Definition of Enemy National — The Italian War Law.

War — Armistice — Nature of.

Peace Treaties — Effects of — In General — Political Nature of Peace Treaties — Element of Constraint and Inequality — Limitation on Sovereignty of Defeated State — Necessity for Consent of Defeated State — Performance of Peace Treaties — Restitution and Reparation.

Nationality — Dual Nationality — Right of Dual National to Claim Compensation under Treaty — Test of Dominant or Effective Nationality — Critical Date — Dual Nationality with regard to Third States — Principles and Rules of Interpretation of Treaties — Intention of the Draftsman — Literal Interpretation — “The Spirit of the Treaty” — Restrictive Interpretation — Interpretation by Reference to Principles of International Law — By Reference to Authoritative Writings.

Treaties — Termination of treaties — By operation of law — In general — Termination of specific provisions by lapse — Failure to implement those provisions — Whether breach of treaty obligation justified by failure of others to implement — Effect of delay in bringing proceedings for breach — Whether breach must cause damage to other States — Treaty interpretation — Euratom Treaty — Supply agency provisions — The law of the European Communities

Jurisdiction — Territorial — Over national waters — Applicability of federal or state law to accident occurring five nautical miles off the Louisiana shore — The law of the United States of America.

State territory — Parts of — Territorial waters — Jurisdiction in maritime belt — Extent of territorial jurisdiction of state of United States of America — Application of state statute to accident occurring beyond three-mile limit — Federal Death on the High Seas Act — The law of the United States of America.

Governments — Recognition of — Effect of Non-Recognition — The Right to Sue.

Jurisdiction — Immunity from — Foreign States — Counter claim — Implied Waiver of Immunity — Interpleader — Recognition of Governments — Right of Unrecognized Government to Sue.

Treaties — Operation and Enforcement of Treaties — United States — Treaties Overriding Subsequent Conflicting Local Ordinances and State Legislation.

War — Enemy Character — Of Corporations — Non-Enemy Shareholders — Protection of Rights of — Against Recapitalization of Corporation — The Law of the United States of America.

Sovereign immunity — Public vessels — Restrictive theory of immunity — Whether part of English law — Distinction between acta iure imperii and acta iure gestionis — Whether depending upon nature or purpose of act — Whether decision to break commercial contract and convert goods in commercial context attracts immunity — Need to examine whole transaction in context — International law in general — Sources — Relevance of legislation and treaties — Relationship of international law and municipal law — The law of England