Warfare on land — Occupation of enemy territory — Nature and effects of — Assimilation of enemy — occupied territory to enemy territory for purposes of trading with the enemy legislation — The law of France.

War in general — Effects of outbreak of — Trading with the enemy — Contract between French company and German company concluded in German-occupied France — Whether void under trading with the enemy legislation — The law of France.

International law in general — Relation to municipal law — Claim by French national for compensation from French State in respect of property looted following Agadir earthquake — Duty of protection of French nationals and their property abroad by diplomatic and consular services — Whether involving French Government's conduct of international relations — Whether justiciable by French administrative tribunals — Whether Morocco alone responsible for maintaining order — The law of France.

State immunity — Immunity from attachment — Embassy bank account — Whether funds in use for performance of sovereign functions of foreign State — Funds intended for maintaining and running embassy — Statement to this effect by foreign State — Whether further enquiry into intended use of funds constituting unreasonable interference in diplomatic mission — The law of the Netherlands

States as international persons — In general — Continuity of States — Armed rebellion and insurrection — Assertion of authority and control by insurgents over areas of State territory — Presence of UN forces — Non-functioning of courts established by constitution — Whether “doctrine of necessity” justifies departure from provisions of constitution — The law of Cyprus

International Court of Justice — Jurisdiction — Provisional measures — Prima facie basis for jurisdiction — Declarations under Article 36(2) of Statute of International Court of Justice — Condition of reciprocity — Temporal limitation — Convention on the Prevention and Punishment of the Crime of Genocide, 1948, Article IX — Whether threat or use of force against a State amounting to genocide — Whether necessary element of intent towards defined group — Whether Serbia and Montenegro party to the Genocide Convention at relevant date — Whether Genocide Convention a treaty in force under Article 35(2) of the Statute of the Court

Treaties — Application — Convention on the Prevention and Punishment of the Crime of Genocide, 1948 —Definition of genocide contained in Article II of Genocide Convention — Whether intended destruction of a national, ethnical, racial or religious group — Whether threat or use of force against a State constituting an act of genocide

International organizations — United Nations — Membership — Yugoslavia — Status of Yugoslavia between 1992 and 2000 — Whether Member of the United Nations — Whether party to Statute of International Court of Justice — Whether Yugoslavia having access to Court under Article 35(1) of Statute — Whether Yugoslavia having access to Court under Article 35(2) of Statute

State succession — Succession and continuity of States — Socialist Federal Republic of Yugoslavia — Whether Serbia and Montenegro continuation of the former Socialist Federal Republic of Yugoslavia — Membership of the United Nations — Whether Yugoslavia party to Statute of International Court of Justice— Treaty obligations of the former Yugoslavia

War and armed conflict — NATO bombing of Yugoslavia — NATO Respondent States claiming humanitarian intervention — Loss of life and suffering in Kosovo — Whether NATO Respondent States violating obligation not to use force — Maintenance of peace and security — Role of Security Council — Responsibilities of Court under United Nations Charter and Statute of Court — Obligations of Parties under Charter and other rules of international law including humanitarian law

Territory — Boundaries — Acceptance by States involved — Principle of stability of boundaries — Application — Acts evidencing an acceptance of the boundary — Administrative acts — Maps — Absence of formal protest

Territory — Boundaries — Delimitation — Treaty of delimitation — Interpretation — Demarcation — Relationship between delimitation and demarcation — Alleged inconsistency between principles in treaty of delimitation and demarcation on the ground — Whether treaty should prevail — Whether demarcation to be treated as an authoritative interpretation of treaty — 1906 Agreement between Egypt and Turkey regarding boundary between Egypt and Palestine — Demarcation of boundary through construction of boundary pillars — Whether pillars wrongly located — Requirement that pillars be intervisible — Whether departed from — Significance of departure — Whether line as demarcated accepted by States involved — Subsequent reference to line defined by 1906 Agreement — Whether a reference to line as demarcated or to principles contained in the Agreement

Territory — Critical date — Principle of the critical date or the critical period — Treaty of Peace between Egypt and Israel, 1979 — Description of boundary between Egypt and Israel as “the recognized international boundary between Egypt and the former mandated territory of Palestine” — Effect on critical date — Whether entire Mandate period to be treated as critical period

Arbitration — Competence of arbitration tribunal — Arbitration Compromis between Egypt and Israel, 1986 — Scope of question referred to Tribunal — Boundary dispute — Tribunal required to determine location of boundary pillars — Tribunal required to choose between locations claimed by Parties — Evidence that pillar situated at location other than those claimed by Parties — Principle of relative strength of claims — Reference to “final” pillar — Evidence that final pillar may have been situated at location not claimed by either Party — Effect on competence of Tribunal — Whether Tribunal confronted with non licet — Whether arbitration frustrated — Whether Tribunal required to prevent frustration of arbitration

Arbitration — Compromis — Interpretation — Terms used in Compromis taken from earlier treaty — Whether these terms to be given same meaning in both agreements

Arbitration — Evidence — Recognition of boundary by States — Evidence of acts constituting recognition of boundary — Publication of reference work — Whether an administrative act — Statistical Yearbook published by government

Sources of international law — General — State practice — Acts constituting State practice — Publication of reference work

Sources of international law — Protest and acquiescence — Estoppel — Acceptance of boundary by States over a period of time — Whether precluding subsequent challenge to location of boundary pillars

State succession — Boundaries — Succession of new State to boundaries of former mandated territory — Israel

Treaties — Interpretation — Subsequent conduct of parties — Treaty providing for delimitation of boundary — Whether subsequent demarcation on the ground an authoritative interpretation of the treaty — Effect of subsequent conduct in relation to boundary — Same terms used in two different treaties — Later treaty reflecting language of earlier treaty — Whether terms to be given same interpretation in both agreements

War and armed conflict — Peace treaties — Treaty of Peace between Egypt and Israel, 1979 — Implementation — Boundary between Egypt and Israel — Arbitration in accordance with Peace Treaty

International criminal law — Crimes against humanity — Nature and definition — Gravity — Sentence — Comparison between crimes against humanity and war crimes — Defences — Duress — Whether duress available as a defence on a charge involving the killing of innocent persons — Massacre of prisoners — Requirements for defence of duress — Serious threat to life and limb — Moral choice — Proportionality — Whether crime would have been committed in any event — Whether duress confined to mitigation of sentence

International tribunals — International Criminal Tribunal for the Former Yugoslavia — Object and purpose — Procedure — Plea of guilty — Whether acceptable — Requirement that plea be voluntary, informed and unambiguous — Plea of guilty not to prejudice fundamental rights of the accused — Differences between International Criminal Tribunal and national courts — Extent of reference to national law — Common law on pleas of guilty — National laws on duress as a defence

Sources of international law — Custom — General principles of law recognized by civilized nations — Nature of reference to national law by international tribunal — Concepts of national law not transplanted in their entirety into international law — Sources of international criminal law

War and armed conflict — War crimes and crimes against humanity — Massacre of large number of prisoners — Criminal responsibility of individuals involved — Whether duress available as a defence — Appropriate sentence

Treaties — Termination — Termination of Some Provisions and Maintenance of Others.

Outbreak of War — Effect on Enemy Subjects.

Enemy Character — Test of — Residence.

War — Effect on Treaties — When Maintained notwithstanding State of War — Treaty of 1848 between Austria and the United States — Alien Enemies and Alien Friends — Classification of.

State Succession—Binding Force of Laws—Distinction between Private and Political Rights.

War — Effect on Private Enemy Property — Enemy Alien of Dual Nationality.

Aliens — Position of Aliens — Right to Take Real Estate by Devise — The Law of the United States — Enemy Alien of Dual Nationality.

Territory — Occupation of Foreign Territory in Time of Peace Pending a Plebiscite — The Law Applicable in the Occupied Territory — Tacna-Arica.

International law in general — Sources — Customary international law — Sovereign immunity — Principle of immunity of embassy funds from enforcement jurisdiction of receiving State — Decision of German Constitutional Court as evidence of customary international law — The law of England

International law in genera — Relation to municipal law — Sovereign immunity — Immunity from execution — Bank accounts in name of embassy — Construction of English legislation — State Immunity Act 1978 — Whether permissible to construe Act against background of principles of intemational law — Whether recourse to intemational law always permissible where municipal legislation applies to interState relations or only in the event of ambiguity in municipal legislation — Relevance of intemational customary and treaty law — Principle of customary law derived from accepted practice as evidenced by judicial decisions in other jurisdiction — Vienna Convention on Diplomatic Relations, 1961 — The law of England

States as international persons — In general — Sovereignty and independence — In foreign relations — Soverign immunity — Immunity from enforcement — Funds belonging to Republic of Colombia in London bank accounts — Certificate by Ambassador that funds in use for non-commercial purposes of meeting day to day running costs of Embassy — whether purpose commercial — State Immunity Act 1978 — Principles of international customary and treaty law on immunity from enforcement jurisdiction — The law of England

Diplomatic and consular intercourse and privileges — Permanent diplomatic envoys — Privileges and immunities of — Diplomatic envoys and their staff — Immunity from execution of embassy property — Bank account in name of embassy — Funds used for meeting running expenses of embassy — Whether funds in use for commercial purposes — Duty of receiving State to accord full facilities for functioning of diplomatic mission — State Immunity Act 1978 — The law of England

Jurisdiction — In general — Territorial — Exemptions from and restrictions upon — Foreign States — Sovereign immunity — Immunity from execution — Judgment creditor seeking to levy execution against foreign State by attachment of funds in foreign State's bank account in London — Whether permissible for English courts to exercise enforcement jurisdiction in this manner — State Immunity Act 1978 — Sections 3, 13 and 17 — Certificate of Ambassador stating that funds in question were in use for non-commercial purposes of meeting “expenditure necessarily incurred in the day to day running of the Diplomatic Mission” — Meaning of “commercial” — Relevance of principles of international law in construction of municipal legislation — Customary and treaty law on immunity of sending State from enforcement jurisdiction of receiving State — Vienna Convention on Diplomatic Relations, 1961 — Onus of proving property in use for commercial purposes — Evidential weight of certificate of head of diplomatic mission — The law of England

Aliens — Deportation of — Immigrant Convicted of Crime — Service of Deportation Order Without Previous Notice Thereof — Whether Order Invalid through Operation of audi alteram partem Rule — The Law of South Africa

Enemy Character of Vessels — How far Determined by the Flag — Absence of Ship’s Papers — Hague Convention No. VI of October 18, 1907 — Days of Grace.

International Arbitration — Evidence — Boundary Disputes — History of the Controversy — Practical Construction by the Parties.

Boundaries — Water Boundaries — Boundary Disputes — Evidence.

Extradition — Procedure of — Request for Surrender of Convicted Criminal — Application for Provisional Release.

International Law — Relation to Municipal Law — Construction of Statutes — Defence Legislation — Extra-territorial Operation of — Law of India.

Visiting Forces — Jurisdiction over — Offences Committed Abroad — Whether Exercise of Jurisdiction by Home State Contrary to International Law.

Jurisdiction — Over Nationals Abroad — Legislation for Defence Purposes — India — International Law — Relation to Municipal Law — Construction of Statutes.

Recognition — Implied Recognition — Closing of Legations.

Annexation — Effect upon Nationality — Persons Born Outside Annexed Territory.

Nationality — Conception of — “Natives” — The Law of the United States.

Nationality — Effect of Annexation — Persons Born Outside Annexed Territory.

Alien Enemies — “Natives” of Enemy State — The Law of the United States.

Recognition — Of Annexation — Recognition by the United States of German Annexation of Austria — Closing of Legation — Whether Constituting Implied Recognition — Alien Enemies — “Natives” of Enemy State — Persons Born Outside the Annexed Territory

Warfare on Land — Occupation of Enemy Territory — Judicial Functions of the Occupant — Sentence by Military Tribunal — How far res judicata in National Court.

Jurisdiction — Immunities from — Foreign States — Counter-claim against State.