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.

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

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.

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

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

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

Recognition — of Governments — De facto Governments — Kinds of — Local de facto Government.

Occupation of Enemy Territory — Effects of Occupation — Treatment of Private Property — Whether Occupied State Responsible for Taking of Property by Occupant.

State Succession — With regard to Obligations for Delinquencies — Compensation for Taking of Property — Succession of Governments — Liability for Acts of Local de facto Government — Liability of Occupied State for Acts of Occupant — Whether Yugoslavia Liable for Acts of Independent State of Croatia.

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

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

State immunity — Jurisdictional immunity — Embassy employee — Assistant in Press Section — Dispute concerning contract of employment — Whether foreign State entitled to jurisdictional immunity — Relevance of fact that employee had no special responsibility for public service — The law of France

Annexation of Territory — Act of State — State Succession — The Law of India.

State Succession — Respect for Private Rights — Annexation of Territory — Act of State — The Law of India.

State immunity — Jurisdictional immunity — Tort — Breach of contract — Commercial activity — Territorial connection — Agency — United States Foreign Sovereign Immunities Act 1976 — Definition of “commercial activity” — Austrian State railway — United States national injured while passenger — Ticket sold by agency in the United States — Whether sufficient territorial connection with the United States — The law of the United States of America

International tribunals — Provisional measures of protection — International Tribunal for the Law of the Sea — Applicable law — United Nations Convention on the Law of the Sea, 1982 (“UNCLOS”) — Ireland and United Kingdom both States Parties to UNCLOS — Request by Ireland for the establishment of an Annex VII Arbitral Tribunal — Request by Ireland for the indication of provisional measures under UNCLOS Article 290(5) pending constitution of Annex VII Arbitral Tribunal

Sea — Marine environment — UNCLOS — Environmental effects of the MOX nuclear plant and of international movements of radioactive materials — Obligation to cooperate in taking measures to protect and preserve the Irish Sea — Precautionary principle

Treaties — Interpretation and application — UNCLOS — Compulsory procedures for settlement of disputes — UNCLOS Articles 281 and 282 — Whether applicable — Relationship between Article 282 and compulsory dispute settlement procedures under other treaties — Convention for the Protection of the Marine Environment of the North-East Atlantic, 1992 (“OSPAR Convention”) — Treaty Establishing the European Atomic Energy Community, 1957 (“Euratom Treaty”) — Treaty Establishing the European Community, 1957 (“EC Treaty”) — Commencement of dispute settlement procedures under the OSPAR Convention not precluding resort to compulsory dispute settlement under UNCLOS — Provisions of other treaties not relevant to dispute concerning the interpretation and application of UNCLOS — UNCLOS Article 282 not applicable

Sea — UNCLOS — Article 290(5) — Conditions to be satisfied for prescription of provisional measures under Article 290(5) — Whether prima facie basis for the jurisdiction of the Annex VII Arbitral Tribunal — Whether urgent necessity for prescription of provisional measures pending the constitution of Annex VII Arbitral Tribunal — Irreparable prejudice — Serious harm to the marine environment — Requirement of urgency not satisfied — Power of International Tribunal to prescribe provisional measures different in whole or in part to those requested

Treaties — Operation of — Non-Ratified Treaties — Treaties not having the Effect of Law — Effect of.

Extradition — Conditions of — Reciprocity — Assurance of Reciprocity in the Request for Extradition — Absence of Designation of Penalty in the Request for Extradition — Bustamante Code — Effect of — Relevance of Absence of Formal Binding Force.

State territory — Acquisition of — Conquest and annexation — Annexation of Austria by Germany — Effect of Austrian State Treaty, 1955 — Status of Austria after termination of German control and prior to entry into force of State Treaty — Nature of nullity of German annexation.

Jurisdiction — Territorial — Exemptions from — Foreign armed forces — Belligerent occupation — Jurisdiction of military tribunals of Occupant — Members of armed forces of occupant — Immunity from local law.

Belligerent occupation — Judicial functions of occupant — Members of armed forces of Occupying Power — Crimes committed by — Local law and courts — Immunity from.

Jurisdiction-Exemptions from — Foreign States — Sovereign immunity — Where foreign State has broken off diplomatic relations with United States — The law of the United States of America.

Recognition — Of Governments — Rupture of diplomatic relations — Effect on standing to sue in courts in United States — Effect of breach of diplomatic relations upon sovereign immunity — The law of the United States of America.

International law in general — Relation to municipal law — Whether international law part of municipal law — Whether judicial notice should be taken of international law — Whether international law needs to be established by evidence — Jurisdiction — Territorial limits of jurisdiction — Whether the Court has jurisdiction to determine rights of fishing in foreign territorial waters — Whether Court has jurisdiction to pass judgment which it cannot enforce — The law of South Africa

The individual in international law — Nationality — Acquisition of — Conditions of — Whether lack of religious belief ground for refusal to grant citizenship — The law of Canada.

The individual in international law — Nationality — Acquisition of — As affected by change of sovereignty — Cession of territory — Whether Willstatt ceded in 1805 by Elector of Baden to Napoleon I — Whether persons born in Willstatt acquired French nationality — The law of France.

Treaties — Interpretation of — Agencies of — Whether municipal courts may interpet diplomatic treaties — Whether official Government interpretation must be adopted — The law of France.

State territory — In general — Acquisition of territorial sovereignty — Cession — Whether Willstatt ceded in 1805 by Elector of Baden to Napoleon I — Whether persons born in Willstatt acquired French nationality — The law of France.

Human rights — Treaties — American Convention on Human Rights, 1969 — Right to personal liberty — Right to a fair trial — Right to humane treatment — Right to judicial protection — Whether Ecuador violating Articles 7, 8, 5 and 25 of Convention — Whether Ecuador acting in violation of its domestic laws — Whether urgent measures necessary to protect physical and moral integrity of victim and his family

Relationship of international law and municipal law — Treaties — American Convention on Human Rights, 1969 — Ecuador State Party to Convention — Article 1 of Convention obliging Ecuador to respect rights in Convention — Whether Ecuador breaching Article 2 of Convention in failing to give domestic legal effect to Convention rights — Ecuadorean municipal laws — Ecuadorean Political Constitution — Ecuadorean Criminal Code — Ecuadorean Law on Narcotic Drugs and Psychotropic Substances — Article 114 bis of Criminal Code disapplying its provisions to persons charged under Law on Narcotic Drugs and Psychotropic Substances — Whether violating Article 2 of Convention

Relationship of international law and municipal law — Reparations — Applicable law — American Convention on Human Rights, 1969, Article 63(1) — International law governing scope, nature, modality and determination of beneficiaries of reparations — Whether subject to alteration by municipal law — Whether new Ecuadorean law constituting appropriate measure to fulfil judgment on the Merits

International tribunals — Role of Inter-American Court of Human Rights — Ecuador requesting dismissal of petition — Seriousness of crime of drug-trafficking — Whether impairing peace and security of State and health of its population — Admissibility of request — Inter-American Court of Human Rights not usurping role of domestic courts — Ecuador's criminal tribunals to decide on individual's responsibility for crimes — Innocence or guilt of victim unrelated to merits of present case — Whether Ecuador having international responsibility for violations of Convention — American Convention on Human Rights, 1969

State responsibility — Imputability — Human rights violation — Whether State responsible — Whether unlawful act imputable to State — Whether State having duty to make reparations

Damages — For human rights violations — Whether Ecuador having duty to make proper reparation — Entitlement to fair compensation — Compensatory damages — Pecuniary damages — Moral damages — Whether apology from Ecuador necessary — Ecuador having duty to repair consequences of violations — Costs and expenses — Mode of compliance — American Convention on Human Rights, 1969, Article 63(1)