Human rights — Duty of State to secure to everyone within its jurisdiction Convention rights and freedoms — Right to a hearing — Former employee of international tribunal bringing claim regarding dismissal — National court holding employer immune from suit — Whether finding of immunity a denial of right to a hearing — European Convention on Human Rights, 1950, Articles 1, 6(1) and 13 — First Protocol to the Convention, Article 1

International organizations — Immunities — Iran-United States Claims Tribunal — Immunities under the law of the Netherlands — Action by former employee — European Convention on Human Rights

Human rights — Treaties — Reservations — European Convention on Human Rights, Article 64 — Prohibition on reservations of a general character — Requirement that reservations contain brief statement of the law concerned — Interpretation of reservations

Human rights — Freedom of expression — Interference with exercise of right must be prescribed by law and pursue a legitimate aim — States’ margin of appreciation in determining whether interference is necessary in a democratic society and whether there is reasonable proportionality between means of interference employed and legitimate aim pursued — European Convention on Human Rights

Human rights — Potential conflict between provisions of two instruments for the protection of human rights — Compatibility of domestic law provision enacted to implement UN Convention for the Elimination of All Forms of Racial Discrimination, 1965, with right to freedom of expression in European Convention on Human Rights — Need for European Convention to be interpreted so as to avoid conflict with UN Convention

Human rights — Freedom of expression — Conviction for aiding and abetting the dissemination of racist statements — Discretion of the media to choose reporting techniques — Purpose of the broadcast taken as a whole — Public watchdog role of the press via news reporting based on interviews — Means employed by the government disproportionate to aim of protecting the rights or reputation of others — European Convention on Human Rights

Human rights — Fair trial — Applicability of European Convention on Human Rights fair trial provisions to proceedings arising from compensation under an international agreement between States concerning expropriation — Right to determination of civil rights before a fair and impartial tribunal — Length of proceedings — Whether tribunal independent — French court deferring to Minister on interpretation of treaty

Treaties — Conclusion and operation — Treaty between France and Morocco providing lump sum compensation for French nationals — Whether conferring rights upon individuals — Interpretation — Agencies of interpretation

Human rights — Treaties — Reservations — International Covenant on Civil and Political Rights, 1966 — Criteria for determining validity of reservations entered under Covenant — Whether general international law rules governing validity of reservations inapplicable in certain circumstances because of special nature of human rights treaties

Treaties — Reservations — Human rights treaties — Vienna Convention on the Law of Treaties, 1969 — Object and purpose test — Validity of reservations entered under International Covenant on Civil and Political Rights, 1966 — Validity to be determined by reference to object and purpose of Covenant — Organ to determine the compatibility of reservations to treaty — Whether general rules of international law governing State's capacity to object to treaty reservation inapplicable in respect of human rights treaties — Whether United Nations Human Rights Committee alone having the capacity to determine compatibility of a reservation to Covenant

Treaties — Validity — Alleged illegality of USSR-USA Treaty on Limitation of Strategic Offensive Weapons, 1979 (salt II Treaty) — Plaintiff claiming Australia in breach of international law by its continuing support of the Treaty — Whether salt II Treaty in conflict with the provisions of the Treaty on Non-Proliferation of Nuclear Weapons, 1968 (Nuclear Non-Proliferation Treaty) — Whether provisions of salt II Treaty enhancing the danger of nuclear war — Whether plaintiff having special interest — Whether plaintiff’s interest shared with public at large — The law of Australia

Consular relations — Access to consul — Arrested person denied access to consul — Whether denial of consular access rendering answers to police questions inadmissible in evidence — Vienna Convention on Consular Relations, 1963, Article 36(1) — The law of Australia and of New South Wales

Relationship of international law and municipal law — Treaties — Relevance in interpreting national legislation — Paris Convention for the Protection of Industrial Property, 1883, as revised — Australian patents legislation — The law of Australia

Economics, trade and finance — General Agreement on Tariffs and Trade (GATT) — Anti-dumping measures — GATT Anti-Dumping Implementation Code, 1980 — Obligations of confidentiality — Effect in municipal law

Relationship of international law and municipal law — Treaties — Treaty not incorporated into Australian law — Effect in Australian law of GATT Anti-Dumping Implementation Code, 1980 — Obligations of confidentiality — The law of Australia

Consular relations — Immunity — Consular officials — Action for defamation against former consular officer — Allegedly defamatory letters written by defendant in official capacity at a time when a consular official — Whether defendant immune from jurisdiction — The law of Australia and of Western Australia

Economics, trade and finance — General Agreement on Tariffs and Trade — Subsidies — Imposition of countervailing duties to offset effects of subsidies — Whether a financial burden must be borne directly or indirectly by a government or a public body for a measure to be a subsidy — Whether a government’s price-fixing policy indirectly assisting domestic manufacturers by permitting them to buy raw materials at price lower than world price constitutes a subsidy — Imposition of compulsory export prices for raw cotton by Pakistani Government — Pakistani cotton manufacturers benefiting from lower price of raw cotton — Whether cotton policy can be subject to countervailing duties under domestic legislation implementing Australia’s obligations under gatt and the Countervailing Code — The law of Australia

Treaties — Effects — International Convention on Limitation of Liability for Maritime Claims, 1976 — Applicability — Event giving rise to claim occurring before Convention entering into force in Australia — Whether Convention having retrospective application — Interpretation — Construction — Customary international law — Article 28 of the Vienna Convention on the Law of Treaties, 1969

Relationship of international law and municipal law — Treaties — Section 6 of Limitation of Liability for Maritime Claims Act 1989 giving effect in Australian law to International Convention on Limitation of Liability for Maritime Claims, 1976 — Whether Act retrospective in its operation

Sea — Sea-bed — Damaged cable — Limitation of liability for maritime claims — Municipal law — International Convention on Limitation of Liability for Maritime Claims, 1976 — Applicability — The law of Australia

Aliens — Refugees — Refugee status — United Nations Convention Relating to the Status of Refugees, 1951 — Interpretation and application of Article 1F(b) — Exception in event of “serious non-political crime” — Bombing of business premises of supporters of present government — Killing and injuring of innocent bystanders — Whether constituting serious non-political crime — Incidence test — Whether crimes being executed in context of violent opposition to government — Whether real nexus between crime and political objective — Whether means being employed proportionate to political objective pursued — The law of Canada

Extradition — Treaties — Whether binding — Requirement of existence of a binding extradition treaty — State succession to treaties upon independence — Request for extradition of accused from Mauritius to France — Whether United Kingdom — France Extradition Treaty continuing to be binding in respect of Mauritius — Constitutional guarantees of due process — Whether absence of similar guarantees in requesting State precludes extradition of accused

State succession — Treaties — Extradition treaty — Colony achieving independence — Whether extradition treaty concluded by former colonial power still applicable — Attitude of other party to treaty

Relationship of international law and municipal law — Treaties — Whether treaty in force for newly independent State — Admissibility of expert evidence

Treaties — Conclusion and operation — State succession — Whether treaty in force after independence — Nature of treaties — The law of Mauritius

International organizations — Immunity — International officials — Whether head of World Health Organization mission to Nigeria immune from suit — Legal proceedings arising from contractual dispute — Convention on the Privileges and Immunities of the Specialized Agencies of the United Nations, 1947 — Basic Agreement between the Federal Government of Nigeria and World Health Organization, 1962 — Waiver of immunity — The law of Nigeria

International organizations — Immunity from suit — World Health Organization — Headquarters Agreement between the Philippines and the World Health Organization, 1951 — Whether non-ratification by Senate as required under Constitution deprives Organization of immunity under the Headquarters Agreement — Whether Philippines ratification of Convention on the Privileges and Immunities of the Specialized Agencies of the United Nations, 1947, confers immunity independently from Headquarters Agreement — Whether immunity waived by appearance to contest jurisdiction of court — The law of the Philippines

Jurisdiction — Criminal — Return of fugitive to prosecuting State without deportation or extradition proceedings — Return to South Africa of fugitive in company of South African police from Ciskei — Whether South African courts have jurisdiction where fugitive voluntarily returns with police officers — Whether police under a duty to inform fugitive of extradition procedures

States — Criteria of Statehood — Ciskei — Non-recognition — Re-integration into South Africa — The law of South Africa

State immunity — Jurisdictional immunity — Claim for damages by residents of area restricted to residential occupation — Foreign State operating chancery in residential area — Whether State immune in respect of violation of local zoning laws — Scope of immovable property exception to immunity — Whether operation of chancery constitutes commercial activity — United States Foreign Sovereign Immunities Act 1976 — The law of the United States

Expropriation — Situs of property — Bank deposits — United States bank with branch in Saigon — Saigon branch closed shortly before communist takeover — Revolutionary government confiscating assets of foreign banks — Effect on United States bank — Whether rendering revolutionary government liable for debts of Saigon branch of bank

Governments — Revolutionary change of government — Vietnam — Defeat of South Vietnamese Government — Installation of revolutionary government in Saigon — Whether revolutionary government bound by commitments made by overthrown government — The law of the United States