Claims — Nationality of claims — Corporations — Iran–United States Claims Settlement Declaration — Nature of claims — Whether based on concept of diplomatic protection — Requirement that claimant be a United States corporation — Requirement that 50% or more of the shares be owned by United States nationals — Proof that requirement satisfied — Indirect claims — Claim by United States corporation regarding assets of foreign subsidiary — Claim regarding company incorporated in Iran — Whether within jurisdiction of Iran-United States Claims Tribunal — Doctrine of continuous ownership of claim

Expropriation — Definition — Taking of property — Iran-United States Treaty of Amity, Economic Relations and Consular Rights, 1955, Article IV(2) — Whether formal act of nationalization required — Joint owner effectively excluded from participation in management of company — Whether amounting to expropriation of interest in company

Expropriation — Compensation — Standard of compensation — Distinction between lawful and unlawful expropriations — Concept of full value — Iran-United States Treaty of Amity, Economic Relations and Consular Rights, 1955, Article IV(2) — Whether customary international law requiring compensation at full value — Effect of lump sum settlement agreements — Effect of United Nations General Assembly resolutions — Arbitral practice

Expropriation — Compensation — Valuation of expropriated property — Basis of assessment — Fair market price — Price which a willing buyer would pay a willing seller — Reduction in value due to political conditions — Whether conditions to be taken into account — Whether effect on value of anticipation of nationalization relevant — Insured value of property

Nationality — Corporations — Proof of nationality — Requirement that 50% or more of shares be owned by United States nationals — Proof — Relationship between parent and subsidiary companies

International tribunals — Iran-United States Claims Tribunal — Jurisdiction — Ownership of claims — Indirect claims — Claims by United States corporation on behalf of foreign subsidiary — Claim by United States corporation regarding shareholder interest in Iranian corporation

Treaties — Termination — Iran-United States Treaty of Amity, Economic Relations and Consular Rights, 1955 — Whether terminated or rendered inapplicable by state of relations between Iran and United States — The law and practice of the Iran-United States Claims Tribunal

Claims — Nationality of claims — Corporations — Iran-United States Claims Settlement Declaration — Definition of United States company — Proof that majority of shares held by United States nationals

Diplomatic relations — Diplomatic agents — Statement by diplomatic agent that State would honour contractual undertaking by company — Whether diplomat competent to accept obligations on behalf of private entity — Whether statement sufficiently precise to amount to independent guarantee by State

State responsibility — Acts of private entities — Whether imputable to the State — Whether entity controlled by the State — Iran-United States Claims Settlement Declaration — Iran-United States Claims Tribunal

Claims — Nationality of claims — Individuals — Iran-United States Claims Settlement Declaration — Whether claimants possessing United States nationality — Whether claimants possessing Iranian nationality — Iran-United States Claims Tribunal — Whether possessing jurisdiction to hear claims by Iranian nationals against Iran — Dual nationals — Dominant and effective nationality

Nationality — Individuals — Nationality under domestic law — Proof — Individual treated as alien by State — Whether proof of foreign nationality — Dual nationals — Dominant and effective nationality — Iran-United States Claims Tribunal

Expropriation — Definition — Taking of property — Government interference with property — Whether capable of constituting expropriation — Whether formal act of nationalization required — Nature and extent of government interference — Appointment of temporary manager — Seizure of property by workers' organization — Whether encouraged or supported by government — Whether constituting expropriation

State responsibility — Acts of private individuals — Whether imputable to the State — Whether encouraged by government — Degree of government participation — Workers' organization — Iran-United States Claims Tribunal

Claims — Nationality of claims — Companies — Iran-United States Claims Settlement Declaration, 1981 — Requirement that claimant company be a United States corporation — Whether United States corporation entitled to present claim on behalf of foreign subsidiary

Expropriation — Definition — Nationalization — Whether nationalization of entire industry within concept of expropriation — Requirement of compensation in case of lawful nationalization — Whether Iran-United States Treaty of Amity, Economic Relations and Consular Rights, 1955, applicable — Whether Treaty differing from customary international law

International tribunals — Iran-United States Claims Tribunal — Jurisdiction — Nature of claims — Claims before Iran-United States Claims Tribunal not claims of diplomatic protection

Jurisdiction — Territorial — Limits of territorial jurisdiction — Transborder crime — Fraud — Defendant making misrepresentations by telephone — Defendant speaking from Canada to persons in United States — Whether essential elements of crime committed entirely in the United States — Whether Canada possessing jurisdiction — Subjective territorial principle of jurisdiction

Jurisdiction — Extraterritorial — Extension of jurisdiction under modern international law — Transborder crime — Developments in technology and communications — Whether leading to extension of jurisdiction in cases of transborder crimes

Comity — Exercise of criminal jurisdiction — Transborder crimes — Defendant in Canada perpetrating fraud on persons in United States — Whether within Canadian jurisdiction — Whether considerations of comity militating against exercise of jurisdiction — The law of Canada

State immunity — Jurisdictional immunity — Restrictive theory of immunity — Application in Canada — Common law principles — Canadian State Immunity Act 1982 — Commercial activity exception to immunity — Purchase of goods — Contract for carriage of goods by sea — Nature rather than purpose of transactions determining characterization as commercial — State corporations — Whether entitled to immunity — Involvement of ministry in contracts — The law of Canada

Aliens — Criteria for grant of refugee status — Requirements of “Convention refugee” — Well-founded fear of persecution — Extent of probability or possibility required to fulfil objective test of whether fear of persecution well-founded — Canada Immigration Act 1976 — Geneva Convention Relating to the Status of Refugees, 1951

Relationship of international law and municipal law — Treaties and foreign judgments as aid to interpretation of municipal statute — Criteria for grant of refugee status — Extent to which well-founded fear of persecution must be objectively based — The law of Canada

Nationality — Passport — Decision to refuse passport to applicant resident abroad — Applicant wanted for criminal offence — Legal basis for decision — Royal prerogative — Whether decision subject to judicial review

Relationship of international law and municipal law — Conduct of foreign relations — Judicial review of decisions in field of foreign relations — Decision to refuse passport distinguished from decisions regarding foreign policy — The law of England

Relationship of international law and municipal law — Treaties — Application by municipal courts — Convention on the Transfer of Sentenced Persons, 1983 — Transfer of prisoner to serve sentence in State of nationality — Sentence imposed by foreign court — English court not able to impose sentence of such gravity — Scope of Secretary of State's discretion to vary sentence — Convention as aid to interpretation of municipal statute

Treaties — Interpretation — Convention on the Transfer of Sentenced Persons, 1983 — Travaux préparatoires — Vienna Convention on the Law of Treaties, 1969 — Sentence imposed by sentencing State differing from sentences under laws of administering State — Extent of discretion vested to vary sentence to comply with laws of administering State — Criteria of “similar offence” — The law of England

Relationship of international law and municipal law — Treaties — Application by municipal courts — As aid to interpretation of municipal statute — Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, 1970 — Request from foreign court for oral examination of witnesses for proceedings relating to taxation — Interpretation of Convention — Criteria for “civil and commercial matters”

Treaties — Interpretation — Travaux préparatoires — Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, 1970 — Request for oral examination of witnesses from foreign court — Criteria for “civil and commercial matters” — Foreign revenue laws — Criminal proceedings — The law of England

Relationship of international law and municipal law — Treaties — Effect in municipal law — Whether treaty becoming part of municipal law — Whether treaty provisions capable of being applied by the courts — Requirement that treaty be given effect by Parliament — European Convention on Human Rights, 1950 — Whether enforceable in English courts — Aid to interpretation of primary legislation — Presumption that Parliament does not intend to legislate contrary to treaty obligations — Legislation containing no ambiguity

Treaties — Application by municipal courts — Whether courts can give effect to treaty — Whether treaty must be implemented by Parliament — European Convention on Human Rights, 1950 Human rights — Freedom of expression — Broadcasting — Ban on broadcasting direct speech of representatives of organizations connected with terrorism — European Convention on Human Rights, 1950, Article 10 — The law of England