Relationship of international law and municipal law — Act of State and justiciability — United States act of State doctrine — Nature of act of State doctrine in United States law — Requirement of sovereign independence of State — Judicial restraint in matters of foreign relations — Antitrust investigations — Companies required to divulge communications with foreign government — Possibility of enquiry into the motives behind the granting of shipping rights by foreign governments in later proceedings — Whether requirement to divulge communications barred by act of State doctrine — The law of the United States

State immunity — Jurisdictional immunity — Whether presumption of sovereign immunity — Restrictive theory of immunity — Exception to immunity in cases of expropriation — Claim seeking compensation from Nicaragua for expropriated property — Claimant owing debt to unrelated company owned by Nicaragua — Absence of legal proceedings to recover debt — Whether expropriation claim within counterclaim exception — Whether expropriation claim within commercial activity exception — Procedure — Requirement that service be on head of Ministry of Foreign Affairs — Whether service on ambassador of foreign State in the United States sufficient — United States Foreign Sovereign Immunities Act 1976 — The law of the United States

State immunity — Attachment and execution — Waiver — Pre-judgment attachment — Central bank — Whether permitted to waive pre-judgment immunity over funds held for its own account — Requirement that waiver be explicit — Whether language contained in waiver sufficiently explicit — United States Foreign Sovereign Immunities Act 1976 — The law of the United States

Expropriation — Debt — Situs of debt — Bank loans made by Cuban branch of United States bank to United States corporations in Cuba — Loans to be repaid in Cuba — Whether situs of debt in Cuba

Relationship of international law and municipal law — Act of State and justiciability — Principle that United States courts will not question validity of expropriation by foreign State within that State’s territory — Situs of property — Bank loans — The law of the United States

State immunity — Jurisdictional immunity — Commercial activity exception — Sale by Mexican bank of certificates of deposit in the United States — Whether constituting a commercial activity — United States Foreign Sovereign Immunities Act 1976 — The law of the United States

State immunity — Jurisdictional immunity — United States Foreign Sovereign Immunities Act 1976 — Commercial activity exception — Distinction between sovereign and commercial acts — Whether entering into a contract a sovereign or commercial act — Distinction turning on main rather than subsidiary terms of the contract — Contract to advise Bolivia on rural development — Provisions for diplomatic, tax and customs privileges — Whether entering into contract constitutes a commercial act — Judgment in default — Grounds for setting aside judgment in default

Relationship of international law and municipal law — Foreign relations interest in litigation before municipal courts — Action against foreign State — Evidence from executive that action affecting foreign relations interest — Relevance — The law of the United States

Expropriation — Definition — Taking of property — Intangible assets — Liabilities owed to creditors of expropriated company — Whether constituting property — Whether non-payment constituting taking — Requirement that creditor’s rights be directly affected by expropriation of debtor’s assets — Discriminatory expropriation programme directed at United States nationals — Having intention and effect of depriving United States creditors of their property rights — Whether constituting a direct effect

Relationship of international law and municipal law — Act of State and justiciability — Principle that United States courts will not question validity of expropriation by foreign State of property within that State’s territory — Counterclaim exception — Requirements — Indication from executive that act of State doctrine inapplicable — Adjudication of dispute not affecting conduct of foreign relations — Counterclaim only asserted as set-off

Relationship of international law and municipal law — Customary international law — Application as part of United States law — Principles common to United States federal common law and international law

Economics, trade and finance — State contract — Discrimination — Assumption by State of liabilities of nationalized company — Repudiation of liabilities owed to foreign nationals — Whether constituting basis for cause of action — The law of the United States

State immunity — Jurisdictional immunity — Commercial activity exception — State corporation — Requirement of direct effect in the United States — Injuries inflicted abroad causing suffering in the United States — Whether constituting a direct effect — Waiver — Forum selection clauses — Incorporation by reference — Contract between general contractor and subcontractor selecting United States as forum — Whether forum selection clause incorporated by reference to earlier contract between State corporation and general contractor — United States Foreign Sovereign Immunities Act 1976 — The law of the United States

State immunity — Jurisdictional immunity — Commercial activity exception — Requirement that activity have a “direct effect in the United States” — Interpretation of “direct effect” — Whether injuries inflicted abroad causing suffering in the United States constituting direct effect — The United States Foreign Sovereign Immunities Act 1976 — The law of the United States

State immunity — Jurisdictional immunity — Commercial activity exception — State corporation — Requirement of sufficient nexus between case and the United States — Whether sufficient that the corporation doing business in the United States — Requirement of direct effect in the United States — Requirement that effect be substantial and foreseeable — State corporation unaware that aircraft engine it was servicing in Ireland was to be used in the United States — Whether financial hardship suffered in the United States due to destruction of engine constituting a direct effect — United States Foreign Sovereign Immunities Act 1976 — The law of the United States

State immunity — Jurisdictional immunity — Commercial activity exception — Requirement of substantial contact with the United States — Recruitment in the United States to work in Saudi Arabia for non-sovereign entity — Whether eventual employment in Saudi Arabia by State corporation constituting substantial contact — Requirement of direct effect in the United States — Whether financial hardship suffered on return to United States following breach of contract abroad constituting direct effect — United States Foreign Sovereign Immunities Act 1976 — The law of the United States

Expropriation — Extraterritorial effect — Expropriation without compensation of shares in company — Effect on debt owed to company by debtor in the United States — Situs of debt — United States policy against expropriation without compensation — Whether wartime exception — Compensation — Claimant obtaining unfair benefits from expropriation — Whether excluding right to compensation — Clean hands doctrine — Measure of compensation — Possibility of set-off against property claim in the United States relating to expropriated property — Set-off requiring valuation of overseas property — Whether courts required to consider set-off

Relationship of international law and municipal law — Act of State doctrine and justiciability — Nature of act of State doctrine in United States law — Respect of sovereign independence of State — Judicial restraint in matters of foreign relations — Principle that United States courts will not question the validity of expropriation by foreign State of property within that State's territory — Extraterritorial exception — Act of State purporting to affect property situated in the United States — Whether act of State doctrine applicable

Sources of international law — General principles of law — Clean hands doctrine — Applicability to dispute concerning expropriation of property

Claims — Exhaustion of local remedies — Expropriation — Whether claimant required to exhaust local remedies which are illusory — Comity — Nature of — Act of State doctrine as application of principles of comity — The law of the United States

State immunity — Jurisdictional immunity — Individual acting in official capacity on behalf of government instrumentality — Whether entitled to sovereign immunity — Official acting for personal motives — Whether acting in official capacity — Tort exception — Whether instruction to bank to halt payment of letter of credit constituting tortious act — Expropriation exception — Requirement that expropriation be in violation of international law — Waiver — Co-defendants that are unrelated instrumentalities of the same State — Whether waiver by one co-defendant constituting implied waiver by other co-defendant — United States Foreign Sovereign Immunities Act 1976 — The law of the United States

Relationship of international law and municipal law — Act of State and justiciability — Nature of act of State doctrine in United States law — Contemporary purpose of doctrine — Respect of sovereign independence of State — Judicial restraint in matters of foreign relations — Requirement to establish that case turns on effect of an official action by a foreign sovereign — Burden of proof — Allegation that corporation secured valuable privileges by bribery — Enquiry into motives of foreign government in granting privileges — Whether barred by act of State doctrine — The law of the United States

Treaties — Implementation — United Nations campaign against apartheid in South Africa — Commonwealth action — Gleneagles Accord, 1977 — India a member country of the Commonwealth — Parliament not enacting law implementing agreement — Power of courts to enforce — United Kingdom cricketers blacklisted by the United Nations allowed to play matches in India — Indian Civil Rights Committee impugning action of Indian Government — Whether Gleneagles Accord enforceable against the Government of India — Whether India in breach of its obligations under the Gleneagles Accord — Foreigners Act 1946 and Foreigners (Exemption) Order 1957

Human rights — Apartheid — International campaign against apartheid in South Africa — Commonwealth action — Sport — Gleneagles Accord, 1977 — Two players blacklisted by the United Nations allowed to play matches in India — India a Party to Gleneagles Accord and a member of the United Nations — Whether obligation not to allow the two players to visit India as members of the English cricket team

Relationship of international law and municipal law — Treaties — Application of international law in domestic courts — Rules of customary international law as part of the law of the land — Practice in the United Kingdom — Whether obligations created under a treaty form part of the law of the land — Whether obligations under the Gleneagles Accord, 1977, enforceable at the instance of a citizen — The law of India

State immunity — Jurisdictional immunity — Goods purchased in the Federal Republic of Germany and shipped through a German carrier — Goods damaged in transit — Carrier claiming immunity — Whether foreign carrier an instrumentality of the Government of the German Democratic Republic — Whether suit maintainable — Whether consent of Indian Government required prior to institution of suit — Whether restriction on the rights of the citizen of the State to institute proceedings for injuries suffered

Relationship of international law and municipal law — Interpretation of statute — Provision not explicit — Whether construction to be in consonance with the general principles of international law — Suit against a foreign carrier claiming immunity as an instrumentality of the Government of the German Democratic Republic — Requirement of consent of central Government before institution of suit against a foreign State — Suit expressly or ex facie not against a foreign State — Whether proper to curtail that right when legislative intent not clear and expressive — Whether principle to safeguard the rights of the citizen to be observed — Code of Civil Procedure, Section 86 — The law of India

State immunity — Jurisdictional immunity — Foreign State — Principles of sovereign immunity — Indian citizen seeking to sue Embassy of Algeria — Requirement that Indian Government give permission to sue foreign State — Permission refused allegedly on political grounds and because no prima facie case made out — Whether power exercised arbitrarily — United Kingdom State Immunity Act 1978 — European Convention on State Immunity, 1972 — Whether giving guidance on content of international law — Whether national law to conform to the constitutional rights guaranteed in the Constitution — The law of India

Jurisdiction — Foreign national — Preventive detention — Elements involved — Communication of grounds of detention — Language of communication — Polish national claiming to know Polish language only — Whether having working knowledge of English — Interpretation — Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 — Constitution of India, Article 22(5)

Human rights — Fundamental rights — Constitutional protection — Protection against arrest and detention — Universal Declaration of Human Rights, 1948 — International Covenants on Economic, Social and Cultural Rights and Civil and Political Rights, 1966 — Influence of — Communication of grounds of detention — Whether working knowledge of English sufficient — Representation — Request for supply of translated documents — Whether inordinate and unexplained delay violative of constitutional rights — Constitution of India, Article 22(5) — The law of India

Treaties — Ratification by conduct of parties — Whether States free to vary or modify previous unimplemented agreements — Nehru-Noon Agreement between India and Pakistan regarding exchange of certain enclaves, 1958 — Amendment to Constitution enacted to effect transfer but not implemented — Subsequent agreement between India and Bangladesh in 1974 — Understanding in 1982 making certain clarifications in respect of 1974 agreement — Whether ratification of earlier agreement of 1974 by conduct of parties

Territory — Cession — Servitudes — Agreements between India and Bangladesh, 1974 and 1982, regarding exchange of enclaves — Bangladesh allowed to retain two enclaves of Dahagram and Angarpota — Enclaves encircled by Indian territory — Bangladesh given right of passage through Indian territory of Teen Bigha to enable Bangladesh to exercise sovereignty over the enclaves — Sovereignty over Teen Bigha retained by India — Whether cession of territory — Whether words “lease in perpetuity” amount to international servitude

Sources of international law — International practice and custom regarding right of passage — Sovereignty and the concept of interdependence of States — Enclaves in Bangladesh surrounded by Indian territory — Whether Bangladesh having a right of passage through Indian territory — Military and para-military and police of Bangladesh also given a right of passage — Whether such concessions amounted to customary and self-imposed restraints on sovereignty — The law of India

Sea — Territorial waters — Territorial waters of India extending to twelve miles from baseline — Exclusive economic zone — Exclusive economic zone extending 200 miles from baseline — Loss of Panamanian ship on the high seas — Allegations of incompetence and misconduct by the Master of the ship — Whether within the Merchant Shipping Act 1958 — Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act 1976

Jurisdiction — Territorial jurisdiction — Panamanian ship — Shipwrecked on the high seas — Complaint against the Master of the ship — Merchant Shipping Act 1958 — Whether provisions applicable to foreign ship under Master holding an Indian certificate involved in shipwreck outside the territorial waters of India — The law of India