Human rights — Scope of application — Requirement that individual be within the jurisdiction of the respondent State — European Convention on Human Rights, 1950, Article 1 — Application outside the territory of a Contracting State — Actions of State agents — Effective control of an area of territory — Belligerent occupation — Military operations — Iraq — Security Council Resolutions 1483 (2003)and 1511 (2003) — Whether actions of United Kingdom contingent in Multi-National Force attributable to United Kingdom or United Nations

Human rights — Right to life — European Convention on Human Rights, Article 2 — Procedural element — Duty to conduct investigation into death allegedly caused by armed forces of State — Requirement that investigation be independent and effective — Hostile conditions in area where death occurred — Requirement that investigation nevertheless take place — Relevance of conditions to form and conduct of investigation

War and armed conflict — Belligerent occupation — Iraq — Hague Regulations, 1907, Article 42 — Duty of occupying power to maintain order — Relationship between law of armed conflict and human rights law

Treaties — Special kinds of — International Labour Conventions — Shipowners' Liability (Sick and Injured Seamen) Convention, 1936, Article 7.

War and Neutrality — War in general — Effects of the outbreak of war — Trading with the enemy — State of national emergency short of war — Blocking of assets in which hostile State or its nationals claim an interest — Corporate assets — Whether shareholders may withdraw proportionate share of blocked assets — Purposes of blocking assets in peacetime — Cuban Assets Control Regulations — Section 5(b) Trading with the Enemy Act — The powers of the President — The law of the United States

Diplomatic privileges and immunities — Permanent diplomatic envoys — Whether member of diplomatic staff immune from suit relating to accident — Suit commenced after departure from receiving State and termination of diplomatic status — International law as understood by the United States of America.

International law — Relation to municipal law — “Law of nations” defined — Municipal statute conferring jurisdiction upon federal courts in actions by aliens for torts committed in violation of law of nations — Unseaworthiness as such a tort — Action by alien based on claim of unseaworthiness — The law of nations as understood by courts in the United States of America.

States as international persons — Composite and dependent States and territories — Dependent States — Status of former Belgian Congo — Whether Belgium liable for debts — Belgian Act of 1908 (Colonial Charter) — Separation of assets and liabilities between Belgium and Belgian Congo — Scope of Act — Repeal on accession of Congo to independence — Status of Belgian civil servants in Belgian Congo — The law of Belgium

State territory — Territorial waters — Jurisdiction over — Inter-oceanic waterway — Navigable channel — Beagle Channel between Argentina and Chile — Islands at mouth of channel.

Jurisdiction — Territorial — Over national waters — Maritime jurisdiction — Uti possidetis juris doctrine

Treaties — In general — Title — Significance of — Preamble — Relevance of

Treaties — Interpretation — Principles and rules of interpretation — Interpretation by principles of Vienna Convention of 1969 on the law of treaties — Bases of negotiation

Treaties — Interpretation of — Bilingual treaties — Varying versions — Maps and charts as evidence of contents — Confirmatory or corroborative incidents and material — Relevance of speech by Minister of Foreign Affairs

Treaties — Special kinds of — Arbitration treaties — Denunciation of general treaty not affecting pending arbitration proceedings

Disputes — Arbitration — Law applied by arbitral tribunals — Decision in accordance with international law — Other matters to be taken into account

Disputes — Arbitration — Acceptance of arbitration

Disputes — Arbitration — Arbitration treaty — Denunciation of general treaty not affecting pending arbitration proceedings

Disputes — Arbitration — Appointment 'of members of Court of Arbitration — Death of a member

Disputes — Arbitration — Procedure — Visit to locus — Expenses — Language

Disputes — Arbitration — Evidence — Boundary dispute — Relevance of cartography — The "time frame" — Maps and Admiralty charts — Memorandum by Admiralty hydrographer — Acts of jurisdiction as confirming or corroborative evidence

Disputes — Arbitration — The award — Declaration that decision constitutes the award — dispositif.

State territory — Parts of — Water boundaries — Definition of boundary by arbitration — Tracing of boundary — Straight base lines — The Beagle Channel between Argentina and Chile — Islands at mouth of channel

Jurisdiction — Extraterritorial — Régime of Capitulations — Marriage between Italian citizens in Tangier in 1922 — Celebration of marriage in Roman Catholic Church — Whether marriage valid in Italy — The law of Italy.

Diplomatic relations — Immunity — Diplomatic agent — Immunity of diplomatic agent after termination of diplomatic status — Vienna Convention on Diplomatic Relations, 1961, Article 39(2) — Acts performed in the exercise of diplomat's functions as member of the mission — Scope of functions — Police liaison officer — Officer performing police functions — Whether functions as a diplomatic agent separate from functions as a police officer — Waiver — Authority to waive immunity — Undertaking given by diplomatic agent to court — Whether sufficient to constitute waiver

State immunity — Jurisdictional immunity — Entitlement to immunity — Departments of government — Whether police a part of the government for purposes of immunity — Whether State immunity also protects individual official from suit — Relationship between State and diplomatic immunity — The law of England

Aliens — Deportation — Deportation for criminal offences of alien long resident in State — Limits on right of States to deport aliens — Human rights — Right to respect for family life

Damages — Human rights violations — Losses liable to compensation — Non-pecuniary losses — Expenses — European Convention on Human Rights, 1950, Article 50

Human rights — Right to respect for family life — Alien entering country with family at very early age — Close relatives and siblings all living in country — Twenty years after arrival alien deported on basis of record of criminal activity and thereby separated from family — Whether deportation interference with family life — Whether deportation “necessary in a democratic society” — Whether different treatment accorded alien than national — Discrimination on grounds of nationality — European Convention on Human Rights, 1950, Articles 8 and 14

Jurisdiction — Territorial — Limits of — Extraterritorial Application of Anti-Trust Laws — Combination of Foreign and Domestic Companies in Restraint of Trade — Agreements Concerning Territories of Sale — Exchange of Patents and Technical Information — The Law of the United States of America.

International law in general — Sources — State practice — United Nations General Assembly resolutions — Resolution on nationalization — Whether a source of international law — Whether evidence of dominant trend of international opinion

States as international persons — In general — Recognition of acts of foreign States and governments — Nationalization of concession held by foreign company — Act of State — Whether entitled to international recognition — Whether capable of being questioned in arbitration proceedings — Whether restitutio in integrum can be ordered by Tribunal to restore position prior to nationalization

State responsibility — Damages — Measure of damages — Award of damages in general — Damages for unlawful taking of property — Compensation for lawful nationalization — Principles of assessment — Equitable measure of compensation

State responsibility — Damages — Measure of damages — Indirect damages and damages for loss of profits — Whether damages for loss of profits required in case of unlawful taking of property — Whether compensation for lawful nationalization of concession should include loss of profits — Equitable measure of compensation

State responsibility — Interest — In general — Award of interest in case of termination of concession — Whether interest payable under proper law of concession — Whether interest usurious — Libyan law

State responsibility — Interest — Rate of interest — Termination of concession governed by Libyan law insofar as compatible with international law — Whether Libyan rate of interest payable

State responsibility — Interest — Diesa quo and dies ad quem — Date from which interest payable — Interest only due on liability to pay fixed amount of money — Interest payable from date of arbitration Award rather than date of termination of concession

International organization and administration — The United Nations — The General Assembly — Importance of General Assemblyre — solutions as source of international law — Evidence of dominant trend of international opinion — Resolutions on nationaliztion

Disputes — Arbitration — In general — The law applied by arbitral tribunals — Arbitration between State and foreign company — Lex arbitri — Whether governed by the law of the seat of arbitration Law applicable to concession contract — General principles of private international law for determining proper law of a contract

Disputes — Arbitration — In general — Appointment of arbitrators — Refusal of one party to appoint arbitrator — Appointment by President of the International Court of Justice

Disputes — Arbitration — Procedure — Procedure before the tribunal — Power of tribunal to determine own rules of procedure — Procedure in default of appearance by one party

Disputes — Arbitration — Procedure — Competence to determine jurisdiction — Arbitrability of dispute — Survival of arbitration clause

Disputes — Arbitration — Evidence — Duty of tribunal to decide on best evidence available — Effect of failure of one party to appear Evidence regarding methods of computing sums claimed

State responsibility — Nature and kinds of — For revocation of, or interference with, concessions or concessionary contracts — Nature of concessions — Whether administrative — Whether primarily contractual — Property rights — Conditions of amendment or termination by State — Proper law of concessions — Reference to international law and general principles of law — Nationalization — Extent of State’s right to nationalize — Requirement that nationalization be for a public purpose — Whether still a rule of international law Requirement that nationalization be non — discriminatory — Effect of United Nations General Assembly resolutions on nationalization — Whether premature termination of concession by nationalization a delict or a lawful act giving rise to duty to compensate

Restitutio in integrum — Availability in international law — Whether contrary to sovereignty of State — Whether amounting to cancellation of nationalization measures — Act of State — Declaratory award — Similarity to restitutio in integrum

Compensation — Measure of compensation — Damnum emergens — Lucrum cessans — Whether compensation for loss of profits required — Equitable measure of compensation — Interest — Whether interest usurious — Rate of interest — Date from which interest payable — Costs

Arbitration — Arbitration between State and foreign company Procedure — Lex arbitri — Whether arbitration subject to the law of the Tribunal — Award given in default of appearance — Appointment of Sole Arbitrator by the President of the International Court of Justice

States as international persons — In general — Recognition of acts of foreign States and governments — Act of State doctrine — Application to administrative agency established under local law — City of New York Commission on Human Rights — Whether Commission entitled to find that advertisement for employment in South Africa expressed racial discrimination — The law of the United States

Treaties — Effect in municipal law — EEC Treaty, 1957 — Legislation enacted by EEC institutions — Status under municipal law — Directives — Direct effect — Conditions — Failure of Member State to implement provisions of directive by specified time — Whether directive may be relied upon by individuals before municipal courts

International organizations — EEC — Powers — Legislation — Directives enacted by Council — Direct effect — Directive conferring margin of discretion on Member States — Individual provisions imposing precise obligation and capable of having direct effect — Whether severable from other provisions of directive

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Article 189 — Directives — Whether capable of conferring rights on individuals

Economics, trade and finance — Taxation — Value added tax (“VAT”) — Harmonization — Sixth EEC Council Directive 77/388 — Exemptions conferred by directive — Implementation in Member States — Failure of Member State to comply with obligations — Whether individuals may invoke exemptions under directive in case of non-implementation — The law of the European Economic Community

Covenant of the League of Nations — Interpretation of — Article 23(e) — Freedom of Communications — Binding Force of Resolutions of the Council — Pactum de contrahendo — Expressio unius est exclusio alterius — Reprisals — Necessity of a Breach of an International Obligation.

Treaties — Repudiation of by Non-Recognised Government — Effect of.

Non-Recognition of Governments — Repudiation of International Conventions by Unrecognised Government — Effect of before the Courts of a Non-Recognising State — Continuance in Force of Conventions.

International Court of Justice — Advisory Jurisdiction — Refusal of Interested States to Participate in the Proceedings.

Treaties — Interpretation of — Principle of Effectiveness — Limits of — Settlement of Disputes — Refusal of a Party to Appoint a Commissioner — Power of Secretary-General of the United Nations to Appoint Third Commissioner — Peace Treaties with Bulgaria, Hungary and Roumania.

Cession — Obligations of Ceding State in the Period between Armistice Agreement and Entry into Force of the Treaty of Peace.

Treaties — Operation of — Obligations in the Period between Armistice Agreement and Entry into Force of the Peace Treaty.

Armistice — Armistice Agreement of 11 November, 1918 — Obligations in the Period between Armistice Agreement and Entry into Force of the Treaty of Peace.

State Succession — Respect of Private Rights — Private Rights Granted for Political Purposes — Holdings of German Settlers in Territory Ceded by Germany to Poland — Personal and Real Character of Rights — Jura ad rem — Article 256 of the Treaty of Versailles — Armistice Agreement of 11 November, 1918 — Rights of Disposal and Administration in the Period between Armistice and Entry into Force of the Treaty of Peace.

Aliens — Admission of — Australia — Prerogative Powers in regard to Aliens — Judicial Control of — Australian Immigration Acts — Imprisonment by Private Person — Habeas corpus.

Human rights — Property rights — Recognition of indigenous land rights — Whether indigenous Nama people of Richtersveld entitled to restitution of land — Section 2(1) of Restitution of Land Rights Act 1994 — Interpretation — Act applying retroactively — Legal rights of indigenous inhabitants to strip of land in Richtersveld — Whether rights including ownership of minerals and precious stones — Determination of nature and content of land rights — Determination of law governing land rights — Indigenous law — Character of indigenous title to land — Nature and content of rights in land prior to annexation of territory in 1847 — Legal consequences of annexation — Whether land rights surviving annexation — Nature of land rights before and after 19 June 1913 — Whether dispossession of land by State — Precious Stones Act 1927 — Scope and effect of Act — Racial discrimination — Whether dispossession result of racially discriminatory laws or practices

Territory — Title — Effects of change of sovereignty — Annexation — Annexation of Richtersveld by British Crown on 23 December 1847 — Acquisition of sovereignty by British Crown upon annexation — Legal consequences of annexation — Effect of annexation on land rights of indigenous people — Whether extinguishing indigenous land rights — The law of South Africa