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

Jurisdiction — Territorial — Exemptions from and restrictions upon — Foreign States — Franco-Moroccan Judicial Convention providing for continuing jurisdiction of French Court of Cassation over appeals already instituted when Supreme Court of Morocco established — Whether applicable to case to which Moroccan State a party — The law of France.

Relationship of international law and municipal law — Conduct of foreign relations — Recognition of States and governments — Conclusiveness of recognition by the Executive — Extinction of State during proceedings — Discretion of United States courts to suspend proceedings pending recognition of successor State

States — Extinction of States — Effect in municipal law — Republic of South Vietnam — Conquest by North Vietnam — Effect on ability to maintain action in United States courts

States — Recognition — Effect of recognition and non-recognition — Effects in law of recognizing State — Extinction of State during proceedings — Non-recognition of successor State — Discretion of United States courts to suspend proceedings pending recognition of successor State

Recognition — States and governments — Conclusiveness of recognition by Executive — Effect in municipal law — The law of the United States

International organizations — Personality — Concept of international legal personality — Rights of organization against members — Whether justiciable in a municipal court — Whether creditor entitled to the appointment of a receiver by way of equitable execution over assets of organization — Assets of organization said to include right of organization to be indemnified by its members — Sixth International Tin Agreement, 1982 — International Tin Council-United Kingdom Headquarters Agreement, 1972 — International Tin Council (Immunities and Privileges) Order 1972

Relationship between international law and municipal law — Treaties — Application — By municipal courts — Whether rights and duties of parties to treaty establishing international organization justiciable in the courts of a State party to the treaty — The law of England

Warfare at Sea — Visit and Search — Deviation into Port.

Contraband — Postal Correspondence.

Prize Law — Exemptions from Capture — Postal Correspondence — Nature and Limits of Inviolability — Documents of Credit — Payment to or by Enemy — Liability to Condemnation — Value to Captor — Irrelevance of.

Sovereign immunity — Foreign States and State-owned corporations — National Iranian Oil Company — Legal status — Whether entitled to jurisdictional immunity — Whether immunity available to commercial undertakings owned by foreign State and endowed with independent legal personality — Whether foreign judgment violating jurisdictional rules under international law qualifies for domestic recognition — The law of the Federal Republic of Germany

Sovereign immunity — Public ships and other property of Foreign States — Whether Canal Zone statute dealing with jurisdictional immunities of foreign states created a new form of liability limitation for foreign sovereigns in Admiralty suits — The law of the United States

Diplomatic relations — Diplomatic agents — Immunity from jurisdiction — Object and purpose — Action by domestic servant employed at residence of diplomatic agent — Vienna Convention on Diplomatic Relations, 1961, Article 31(1) — Whether employment of domestic servant a commercial activity — Relationship between Articles 31(1)(c) and 42 — Domestic servant a victim of trafficking — Diplomatic agent leaving position before hearing — Residual immunity under Article 39 — Immunity limited to acts performed in the exercise of official functions

Human rights — Prohibition of slavery — Trafficking in human beings — European Convention on Human Rights, Article 4 — United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, 2000 (“the Palermo Protocol”) — Whether a norm of jus cogens — Whether overriding diplomatic immunity — Whether provisions of the Vienna Convention on Diplomatic Relations, 1961 to be read in light of the Palermo Protocol

Treaties — Interpretation — Vienna Convention on the Law of Treaties, 1969, Articles 31 to 33 — Application to Vienna Convention on Diplomatic Relations, 1961 — Text — Object and purpose — Travaux préparatoires — The law of the United Kingdom

Recognition of States — Nature of — Conditions of — Elements of.

Boundaries — Absence of Fixed Boundaries — Effect on Jurisdiction — Question of Recognition.

Establishment of New States — Territory of New States — Recognition — Whether Constitutive or Declaratory — Recognition de jure and de facto — Implied Recognition and Recognition by Conclusion of a Treaty — Absence of Recognition by Parent State — Importance of Fixed Boundaries for the Existence of States — The Treaty of Versailles and the Establishment of Poland — Absence of Formal Cession on the Part of Russia.

Recognition — States — Effects of recognition — Whether constitutive or declaratory — Conditions for recognition — Break up of existing State — Yugoslavia

States — Criteria for statehood — Territory and population subject to an organized political authority — Federal State — Whether requirement that federal organs represent components of federation and wield effective power — Yugoslavia — Whether Socialist Federal Republic of Yugoslavia ceased to fulfil these conditions by December 1991 — Whether in process of dissolution

State succession — Principles — Vienna Convention on State Succession in Respect of Treaties, 1978 — Vienna Convention on State Succession in Respect of State Property, Archives and Debts, 1983 — Whether reflecting customary international law — Outcome of succession to be achieved by negotiation on equitable basis — Yugoslavia — Whether Socialist Federal Republic of Yugoslavia in process of dissolution by December 1991 — Declarations of independence by certain Yugoslav Republics — Whether constituting secession — Whether any Republics or group of Republics constitute continuation of Socialist Federal Republic of Yugoslavia

Jurisdiction — Justiciability — Non-justiciability — Abstention of English courts from adjudicating on transactions of foreign States — Interpretation of unincorporated treaties beyond the interpretative jurisdiction of English courts — Exceptions — Protective measures to maintain status quo

Relationship of international law and municipal law — Act of State — Justiciability — Dismemberment of States — Rights, obligations, liabilities and assets of successor States — Dismemberment of Socialist Federal Republic of Yugoslavia — Agreement on Succession Issues, 2001 — Justiciability in English courts

State succession — Dissolution of States — Dismemberment of Socialist Federal Republic of Yugoslavia — Successor States — Succession to assets and liabilities of SFRY — Whether justiciable in English court — The law of England

State immunity — Jurisdiction — Doctrine of restrictive immunity — Exception to immunity for civil claims in tort — Tort committed in forum State by agents of defendant State — European Convention on State Immunity, 1972 — Article 11 — Whether now reflecting rule of customary international law — Immunity from civil proceedings in respect of acts of armed forces — Article 31 of Convention — Whether such immunity absolute — Whether any exception for war crimes or crimes against humanity violating jus cogens and not directly connected with furtherance of armed conflict — Whether commission of such acts constituting tacit waiver of immunity

State immunity — Jurisdiction — Human rights — Whether State immunity compatible with right of access to courts — European Convention on Human Rights, 1950, Article 6(1) — Exception to immunity for tort claims in civil proceedings

Human rights — Access to courts — European Convention on Human Rights, Article 6(1) — State immunity — Relationship between State immunity and human rights — Nature of prohibition of crimes against humanity — Whether constituting a rule of jus cogens — Whether taking precedence over principle of State immunity

Relationship of international law and municipal law — Crimes against international law — Crimes against humanity and war crimes — Claim for compensation in civil proceedings in tort before municipal courts — Whether commission of such crimes by its armed forces precluding foreign State from relying on State immunity — Whether such exception to immunity now recognized as rule of customary international law

War and armed conflict — Enforcement of the laws of war — Compensation and reparations — Crimes against humanity and war crimes — Claim for compensation brought by relatives of victims before municipal courts — Atrocities committed by German forces during Second World War — The law of Greece

State immunity — Jurisdictional immunity — Torts causing personal injury — Torture allegedly committed by foreign government on foreign territory — Whether government entitled to immunity in respect of action for injury caused by torture — Whether exception to immunity for acts in violation of international law — Exception to immunity for actions in respect of personal injury caused by acts or omissions inside the United Kingdom — State Immunity Act 1978, Sections 1 and 5 — Ex parte application for leave to serve proceedings out of the jurisdiction

Human rights — Torture — Civil action against foreign government in respect of torture — Whether government entitled to sovereign immunity — The law of England

State immunity — Jurisdictional immunity — Customary law obligation to accord immunity — Acta jure imperii and acta jure gestionis — Civil action against State in respect of war crimes and crimes against humanity — Acts having status of acta jure imperii — Territorial tort exception to immunity — Whether applicable to acts of armed forces in conduct of armed conflict — Whether immunity set aside in case of grave illegalities — Jus cogens — Whether immunity available where State accused of violation of jus cogens — Relationship between rule of law violated and rule of law according immunity — Entitlement to immunity determined by law in force at the time action brought — Whether absence of alternative remedy relevant to immunity

State immunity — Procedure — Service of process upon defendant State — Whether immunity of State from jurisdiction precluding service — Service through diplomatic channels

Sources of international law — Customary international law — State practice and opinio juris — Customary law on State immunity — Relevance of national court decisions and legislation — United Nations Convention on the Jurisdictional Immunities of States and Their Property, 2004 — Relevance to customary international law

War and armed conflict — War crimes — Crimes against humanity — Occupied territory — Civilian population — Murder and deportation — The law of Poland

Relationship of international law and municipal law — Treaties — EC Treaty, 1957 — Supremacy of EC law over conflicting provisions of national law — Whether EC law taking precedence even over national constitutional provisions

Treaties — Successive treaty obligations — Existing treaty obligations — EC Treaty, Article 234 — Whether authorizing Member States to exercise rights in intra-Community relations under treaties concluded prior to the EC Treaty which conflict with Community obligations — European Convention on Establishment, 1955, Article 13 — Whether capable of constituting derogation from Article 48(4) of EC Treaty

Treaties — Derogations — Existing treaty obligations — EC Treaty, Article 233 — Scope of derogation permitted to members of Benelux Union from EC treaty rules — Benelux Treaty, 1958, Article 61 — Whether limiting scope of application of Article 48 of EC Treaty — Protocol to EC Treaty on Grand Duchy of Luxembourg, Article 2 — Scope of right of Grand Duchy to have its special demographic situation taken into account

Aliens — Freedom of movement of workers — EC rules — Scope of derogations — Employment in public service — Nationality requirement — Permissibility — EC Treaty, Article 48(4) — Scope of exception

International tribunals — Court of Justice of the European Communities — Jurisdiction — Actions against Member States for failure to fulfil treaty obligations — EC Treaty, 1957, Articles 169–71 — Finding of breach by Court of Justice of the European Communities — Whether Court empowered to grant period of grace for compliance with its judgments — The law of the European Community

Treaties — Operation of — Buganda Agreement, 1955 — Interpretation of municipal legislation giving effect to Treaty — The law of Uganda.

Jurisdiction — Territorial — Exemptions from — Sovereign Order of Malta.

International Law — Subjects of — Sovereign Order of Malta — Sovereignty without Territory — Exemption from Jurisdiction of Municipal Courts — Distinction between Private Law and Public Law Activities.

State Territory–Extension of–Vessels as National Territory–Trade–Marks–Use of Trade–Marks on National Ships in Foreign Port.

Statelessness — Position of Stateless Persons — Right to Poor Persons’ Facilities before Courts — Admission to Unemployment Benefit.

Operation and Enforcement of Treaties — Interpretation of Municipal Legislation so as to Preserve Treaty Rights — Admission of Aliens.