The individual in international law — Nationality — Proof of — The law of India.

The individual in international law — Nationality — Acquisition of — Proof of — Migration — Registration — Requirements for — The law of India.

The individual in international law — Nationality — Option — Whether option for residence in Pakistan constituted ‘migration’ barring acquisition of Indian citizenship at commencement of Constitution — Registration — Conditions for acquiring citizenship by — The law of India.

Human rights — Freedom from torture — Nature of prohibition of torture — Whether a rule of jus cogens — Consequences — Remedies for torture — Whether State entitled to claim State immunity when sued for torture — Whether other States required to provide remedy for acts of torture committed outside their territory — Convention against Torture, 1984, Article 14(1) — International Covenant on Civil and Political Rights, 1966, Article 14 — Balance to be struck between prohibition of torture and State sovereignty

Relationship of international law and municipal law — Customary international law — Part of Canadian common law — Treaties — Effect in Canadian law of treaty not implemented by legislation — International law principles and values as aid to construction of legislation — Expert evidence on international law — Admissibility — Value

State immunity — Jurisdictional immunity — Exceptions to immunity — Penal proceedings — Commercial activity — Torts occasioning personal or bodily injury — Whether exception to immunity for non-commercial torts extends to torture committed by defendant State in its own territory — Whether there is an exception to immunity for violations of jus cogens — Canada State Immunity Act 1982

Treaties — Interpretation — Relevance of subsequent practice — Convention against Torture, 1984 — Practice of States Parties — Reports to Committee against Torture — Response to declaration by United States of America — The law of Canada

Arbitration — Appointment and Withdrawal of Arbitrators — Attempted Removal of Umpire from Office — Relevance of the Attitude of the Parties — Adjudication upon Claims Pleaded before the Conflict between the Commission and the Government — Withdrawal of National Commissioner — Effect on the Work of the Commission — Refusal to Replace a Commissioner.

Human rights — Treaties — Reservations — International Covenant on Civil and Political Rights, 1966 — Criteria for determining validity of reservations entered under Covenant — Whether general international law rules governing validity of reservations inapplicable in certain circumstances because of special nature of human rights treaties

Treaties — Reservations — Human rights treaties — Vienna Convention on the Law of Treaties, 1969 — Object and purpose test — Validity of reservations entered under International Covenant on Civil and Political Rights, 1966 — Validity to be determined by reference to object and purpose of Covenant — Organ to determine the compatibility of reservations to treaty — Whether general rules of international law governing State's capacity to object to treaty reservation inapplicable in respect of human rights treaties — Whether United Nations Human Rights Committee alone having the capacity to determine compatibility of a reservation to Covenant

Air Law — Flying Boat — Whether Ship or Vessel — Marine Insurance — Merchant Shipping Act, 1894 — Air Navigation Acts, 1920 and 1936

The individual in international law — Human rights and freedoms — Right to form and join trade union — Whether applicable to conduct of State as employer — State refusing to make collective agreements with small independent union — Policy of restricting the number of organizations with which collective agreements were to be concluded — Whether discriminatory — Whether municipal law providing an effective remedy — European Convention for the Protection of Human Rights and Fundamental Freedoms, Articles 11, 13 and 14

Treaties — Interpretation — Subsequent practice of parties — Court referring to European Social Charter, 1961, to confirm interpretation of European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950

States as international persons — State succession — With regard to contractual obligations — Merger of States — Agreement with the former ruler granting exemptions from taxes — Whether successor bound — Continuity of the law — What is law — The constitution of India — The law of India

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

Treaties — Operation and Enforcement of — Relation to Municipal Law — Primacy of Treaties — French Constitution of 1946.

State immunity — Officials — Criminal proceedings — Decision to bring criminal proceedings against Governor and Chief Executive of constituent State of the Federal Republic of Nigeria — State Immunity Act 1978 — State immunity in criminal proceedings in the United Kingdom — Entitlement to State immunity — Whether State within Federal Republic of Nigeria entitled to immunity — Whether Governor and Chief Executive of constituent State of Nigeria entitled to State immunity in the United Kingdom

State immunity — Entitlement to State immunity — Federal States — Whether immunity applicable to constituent State of Federal Republic of Nigeria — Powers of constituent State — Lack of capacity of constituent State to conduct international relations — Whether entitlement to State immunity dependent on ability to conduct international relations

State immunity — Entitlement to State immunity — State recognition — Recognition of constituent State by Executive — Certificate of Secretary of State issued under Section 21 of the State Immunities Act 1978 — Whether certificate significant in criminal proceedings — The law of England

International officials — Claims against officials' organization — Grading of officials — United Nations Staff Regulation 2.1 — Harmonization of conditions of service in United Nations and specialized agencies — Budgetary and other resolutions — Damages — Scope of function of United Nations Administrative Tribunal.

Consular relations — Vienna Convention on Consular Relations, 1963, Article 36 — Requirement that consulate be informed of detention of one of its nationals — Whether conferring rights upon individuals — Consequences of non-compliance — Whether evidence obtained during detention not notified to consulate must be suppressed — Extent to which complaint of non-compliance may be excluded because not raised at earlier point in proceedings — Relationship between Articles 36(1) and (2) — Remedies for non-compliance — Optional Protocol — Extent of jurisdiction

International Court of Justice — Jurisdiction — Optional Protocol to the Vienna Convention on Consular Relations, 1963 — Extent of jurisdiction conferred by Optional Protocol — Whether extending to claim for breach of provisional measures — Whether extending to claim based on customary law concept of diplomatic protection — Admissibility of claims

International Court of Justice — Provisional measures of protection — Statute of the International Court of Justice, Article 41 — Criteria for the indication of provisional measures

Treaties — Interpretation — Principles of interpretation — Vienna Convention on the Law of Treaties, 1969, Articles 31–3

Nationality — Proof of nationality — Dual nationality — Nationality of claims

Jurisdiction — In general — Territorial — Territorial limits of jurisdiction — Anti-trust and competition law — E.E.C. Treaty, Article 85 — Application to agreement — Where one party situated in a non-member State — Effects produced in member States — Relation of municipal competition law to Community Law — The law of the European Communities

Jurisdiction — Territorial — Limits of — Extraterritorial Application of Anti-trust Laws — Combination of Foreign and Domestic Companies in Restraint of Trade — Acts Performed in Foreign Territory by Foreign Company — Presence of Foreign Company within State of Forum — Method of Establishment of — Subsidiary and Parent Companies — The Law of the United States of America.

Expropriation — Compensation — For lawful nationalization — Property of nationals of expropriating State — Payment of just and adequate compensation — Valuation of expropriated property — Assets of companies — Valuation based on average price of shares during reference period — Discrimination — Measures directed against particular companies — Requirement of equality of treatment — Public interest — Requirement that taking of property be necessary in the public interest

Expropriation — Extraterritorial effect — Nationalization of companies with their seat within the territory of nationalizing State — Effect on assets situated abroad — Indirect nationalization of foreign subsidiary — Separation of rights of shareholders from assets of company

Jurisdiction — Extraterritorial — Expropriatory legislation — Expropriation of shares in company — Effect on subsidiary owned by company in another State

Relationship of international law and municipal law — Recognition and effect of foreign laws — Public laws — Legislation providing for expropriation of shares in company — Circumstances in which legislation would be recognized by courts of another State — The law of Belgium

Diplomatic Immunities — Staff of Diplomatic Mission — Immunity of — Waiver of Immunity — Requirement of Consent of Head of Mission — The Law of Argentina.

Diplomatic Immunities — Retinue of Head of Mission — Chauffeur to Ambassador — Absence of Immunity — The Law of Argentina.

Relationship of international law and municipal law — Conduct of foreign relations — Treaty-making power — Federal Republic of Germany — Constitutional review of exercise of treaty-making power — Treaty on European Union, 1992 (“Maastricht Treaty”) — Compatibility with Basic Law of the Federal Republic of Germany

Treaties — Conclusion and operation — Constitutional limitations — Accession of Federal Republic of Germany to Treaty on European Union — Extension of powers of European Community — Compatibility with Basic Law of the Federal Republic following enactment of Law amending Basic Law of 28 December 1992 — Article 23(1) of Basic Law — Whether providing satisfactory constitutional basis for accession of Federal Republic to Maastricht Treaty — Whether Federal Constitutional Court should obtain opinion of experts or Community institutions concerning interpretation of Treaty — Whether fundamental principle of democratic legitimacy in Federal Republic undermined by membership of European Union — Whether such membership violating Articles 20, 38 and 79(3) of Basic Law — Whether such membership irreversible — Scope of permissible transfer of sovereignty to Community institutions — Requirement that living democracy must be preserved in Member States during process of European integration — Condition that national parliaments should retain substantial level of authority — Whether acts of Community institutions are subject to national constitutional review to ensure that their powers are not exceeded

International organizations — European Community — Powers — Extension of powers by treaty — Treaty on European Union, 1992 — Legal basis for extension of powers — Whether European Community developing into political union without clearly restricted powers — Distinction between pooling of sovereignty in economic sphere and inter-governmental co-operation in other spheres — Article A of Treaty — Principle of limited specific attribution of powers to Community institutions — Article F(3) of Treaty — Whether granting Union competence to determine or extend its own powers — Effect of principle of subsidiarity — Establishment of common monetary and exchange rate policy — Whether automatically leading towards monetary union beyond control of Member States — Legal effect of target dates for achievement of monetary union — Requirement that extension of Community powers to be accompanied by enhancement of democratic foundations of Community institutions — Requirement that Union should respect national identities and existing democratic principles of Member States — Preamble and Article F(1) of Treaty

Human rights — Procedure for enforcement — Fundamental rights under Basic Law of Federal Republic of Germany — Treaty on European Union, 1992 and secondary legislation — Possible conflict with fundamental rights under Basic Law — Primary role of Court of Justice of European Community in ensuring respect for fundamental rights — Whether Federal Constitutional Court retaining ultimate right to secure compatibility of Community legislation with fundamental constitutional rights

International organizations — European Community — Institutions — Court of Justice — Power — Treaty on European Union, Article L — Exclusion of jurisdiction of Court over certain provisions of Treaty — Whether affecting general jurisdiction of Court to interpret provisions of Community treaties

International organizations — European Community — Institutions — European Parliament — Position within institutional structure of European Union — Role of ensuring democratic legitimacy for Union — Whether any need for enhancement of powers — Significance of method of election by citizens of Member State — The law of the Federal Republic of Germany

State immunity — Jurisdictional immunity — Head of State — Whether acts performed outside scope of official duties attract immunity as acts of instrumentality of State — Acts in violation of international law — Claim by alien for wrongful death resulting from torture by security forces in foreign State — Whether international law forms part of substantive domestic law providing basis for jurisdiction of United States courts — United States Alien Tort Act — Whether providing cause of action for violation of international law or purely jurisdictional — United States Foreign Sovereign Immunities Act — The law of the United States

War — Effects of outbreak of war — On enemy subjects — Persona standi in judicio — Restoration of standing to sue — As to property subject to vesting — Trading with the enemy — Termination of war — By unilateral action of State — Effect of — The law of the United States of America.

War — Effects of outbreak of war — Trading with the enemy — Persona standi in judicio — Restoration of standing to sue — As to property subject to vesting — Termination of war — By unilateral action of State — The law of the United States of America.

War — Termination of — By unilateral action of State — Effect on enemy alien — Restoration of standing to sue — As to property subject to vesting — Trading with the enemy legislation — The law of the United States of America.

International Court of Justice — Jurisdiction of — Power to Determine Jurisdiction — Article 36 (6) of the Statute — Termination of Declaration of Acceptance of Compulsory Jurisdiction of the Court — Effect on Pending Cases.