State responsibility — Tort — Terrorist attack on foreign embassy staff — Whether receiving State liable to dependants of embassy staff killed in attack — Scope of duty of receiving State to ensure safety of embassy staff

Diplomatic relations — Diplomatic representatives — Protection of embassy staff — Terrorist attack — Scope of duty of receiving State to protect embassy staff — The law of France

State responsibility — Acts and omissions of State organs and officials — Executive action — Destruction at sea by naval vessel of wreck of dangerous ship carrying dynamite and abandoned by crew — Action for damages brought by owners and insurers of vessel — Whether French State liable for destruction of vessel by its navy outside territorial waters — Fault of owner of vessel

Sea — High seas — Wreck — Danger to shipping — Destruction of warship of riparian State — Whether State incurring any liability to owners of vessel

Jurisdiction — High seas — Ensuring the safety of traffic — Wrecks — Dangerous cargo — Destruction of sinking ship with cargo by naval vessel — Jurisdiction of municipal courts over claim for damages against State which ordered the destruction of the vessel — The law of France

States — Conduct of foreign relations — Request by company to State of nationality to enter into diplomatic negotiations with another State on its behalf or seize the International Court of Justice with dispute — Refusal by State of nationality to intervene — Whether subject to review by administrative tribunals

State responsibility — Acts and omissions of State organs and officials — Duty to provide diplomatic protection — Refusal of State of nationality to assist company in dispute with foreign company by entering into negotiations with foreign State — Whether such a refusal capable of engaging the responsibility of the State — The law of France

State responsibility — Tort — Foreign armed forces — Road accident caused by army vehicle — Injured party resident in receiving State but national of third State — Claim for damages brought against sending State in courts of receiving State — Award of damages — Enforcement of judgment in courts of sending State

Jurisdiction — Territorial — Foreign armed forces — Road accident caused by army vehicle — Claim for damages brought by injured party in receiving State — Enforcement of judgment awarding damages in courts of sending State

States — Waiver of rights — Estoppel — Claim against foreign State before municipal courts — Irregular representation of foreign State — Failure of foreign State to raise irregularity during the proceedings — Whether foreign State thereby loses the right to invoke such irregularity in later proceedings for enforcement of the judgment before its own courts

State succession — Continuity of the law — Accession of Djibouti to independence in 1977 — French colonial decree concerning representation of the French State before courts in overseas territories — Whether continuing in force after accession to independence — The law of France

State responsibility — Responsibility based on fault — Expropriation of property — Judicial award of compensation to affected party — Judgment rendered against authorities in former French overseas territory of New Hebrides prior to its accession to independence — Responsibility of French State for failure to meet obligations under judgment

State succession — Judgment of courts — Award of damages against authorities in French overseas territory of New Hebrides — Accession to independence — Whether French State liable to meet award rendered prior to independence

States — Dependent States and territories — Condominium — New Hebrides — Joint administration by France and the United Kingdom — Joint liability for payment of judicial award of compensation made against the Resident Commissioners for the two countries — The law of France

States — Accession to independence — New Caledonia — Consultation of population of the islands making up New Caledonia — French law providing for self-determination — Formulation of questions to be put to the electorate — Whether the questions as originally drafted constituted violations of the French Constitution, Articles 53 and 74 — The law of France

Air — Civil air transport — Airliner straying off assigned international route — Airliner attacked by military aircraft — Action for damages — Liability of operators of civil aircraft to passengers — Warsaw Convention, 1929, Articles 20 and 25 — Whether operators at fault — Failure to provide adequate navigation equipment for aircraft — Risk of accidental flight over “sensitive” airspace of Soviet Union — Whether reaction of Soviet authorities foreseeable — The law of France

Air — Hijacking — Liability of operators of aircraft to passengers — Warsaw Convention, 1929, Articles 17 and 20 — Whether operators at fault — Impossibility for operators to control passengers boarding at foreign airport — Lack of authorization for airline to carry armed security guards — The law of France

State responsibility — Acts and omissions of State organs and officials — Executive action — Measures taken to ensure safety of air corridors — Whether sufficient — Whether State liable for damage to civilian aircraft caused by birds in flight above airport

Air — Safety of air space — Air corridor above airport — Damage to aircraft during take-off caused by birds in flight — Whether State liable to airline companies — The law of France

State immunity — Attachment and execution — Debt owed to foreign State — France-Iran agreements for construction and financing of enriched uranium plant and nuclear reactors — Loans made to French Atomic Energy Commission and other undertakings by Iran — Repudiation of agreements by Iran — Claim for compensation by French companies involved — Whether companies entitled to attach funds representing loan repayments due to Iran — Whether such funds to be regarded as allocated for commercial activity governed by private law — Absence of express contractual stipulation concerning funds — Whether municipal court entitled to seek to establish the allocation of the funds by all means at its disposal

Arbitration — Procedure — Competence — ICC arbitration clause — Whether pending arbitration excludes jurisdiction of municipal courts — Interim relief — Whether parties entitled to seek interim relief from municipal courts — Application for conservatory attachment — Whether constituting inadmissible interference in arbitral proceedings — The law of France

State immunity — Jurisdictional immunity — Lease — Premises owned by State corporation — Lease for commercial use — Action against State corporation for performance of obligations under lease — Whether any entitlement to jurisdictional immunity

State immunity — State corporation — Separate legal personality — Whether entitled to immunity — The law of France

Treaties — Interpretation — Principles and rules of interpretation — Treaty establishing uniform rules — Requirement of uniformity of interpretation — Assumption that text of treaty reflects common intention of the parties — Whether recourse to municipal law admissible — Warsaw Convention, 1929, Articles 22 and 25

Air — Carriage by air — Accident — Liability of operators of civil aircraft to passengers — Warsaw Convention, 1929, Articles 22 and 25 — The law of Gabon

Diplomatic relations — Immunity — Vienna Convention on Diplomatic Relations, 1961 — Embassy — Jurisdictional immunity — Lease — Action for rent — Whether embassy entitled to immunity

State immunity — Jurisdictional immunity — Lease — Premises leased to foreign embassy — Action for rent — Whether embassy entitled to immunity — The law of Gabon

Diplomatic relations — Immunity — Diplomats — Immunity from proceedings for enforcement of constitutional rights — Scope of immunity — Vienna Convention on Diplomatic Relations, 1961, Articles 3 and 31 — Immunity limited to official functions — Whether immunity covers proceedings brought against diplomat for alleged violation of fundamental rights under Constitution of receiving State — Whether such proceedings involve sanctions of a criminal, civil or administrative nature — Waiver — Counterclaim — Separate proceedings

States — Executive statements — Conclusiveness — Role of executive and courts in establishing scope of entitlement to diplomatic immunity

Relationship of international law and municipal law — Treaties — Fundamental rights under State Constitution — Constitutional rights based on provisions of Universal Declaration of Human Rights, 1948 — Action to enforce constitutional rights against diplomat entitled to immunity under Vienna Convention on Diplomatic Relations, 1961 — Whether constitutional rights prevailing over provisions of prior international conventions — Status of Constitution as “supreme law”

Treaties — Effect in municipal law — Vienna Convention on Diplomatic Relations, 1961 — Ratification by Chile — Whether diplomatic immunity may be invoked in proceedings brought to redress violation of fundamental rights guaranteed by Chilean Constitution

Human rights — Procedure for enforcement — Fundamental rights under Chilean Constitution, 1980 — Constitutional rights based on provisions of Universal Declaration of Human Rights, 1948 — Action to safeguard rights brought under Article 20 of Constitution — Nature of remedy — Whether diplomatic immunity is a bar to proceedings under Article 20 — The law of Chile

Consular relations — Immunity — Consuls — Immunity from proceedings for enforcement of constitutional rights — Scope of immunity — Vienna Convention on Consular Relations, 1963, Articles 5 and 43 — Immunity limited to official functions — “Acts performed in the exercise of consular functions” — Interpretation — Whether immunity covers proceedings brought against consul for alleged violation of fundamental rights under Constitution of receiving State

Relationship of international law and municipal law — Treaties — Fundamental rights under State Constitution — Constitutional rights based on provisions of Universal Declaration of Human Rights, 1948 — Action to enforce constitutional rights against consul entitled to immunity under Vienna Convention on Consular Relations, 1963 — Whether constitutional rights prevailing over provisions of prior international conventions — Status of Constitution as “supreme law”

Treaties — Effect in municipal law — Vienna Convention on Consular Relations, 1963 — Ratification by Chile — Whether consular immunity may be invoked in proceedings brought to redress violation of fundamental rights guaranteed by Chilean Constitution

Human rights — Procedure for enforcement — Fundamental rights under Chilean Constitution, 1980 — Constitutional rights based on provisions of Universal Declaration of Human Rights, 1948 — Action to safeguard rights brought under Article 20 of Constitution — Nature of remedy — Whether consular immunity is a bar to proceedings under Article 20

Human rights — Privacy — Nature of right — Conditions for violation — Subjective or objective test — Chilean Constitution, Article 19(4) — The law of Chile

Sea — Jurisdiction — Collisions — Collision occurring in exclusive economic zone beyond twenty-four mile limit — Whether foreign nationals accused of responsibility for collision are liable to prosecution before municipal courts of coastal State

Jurisdiction — Territorial — Maritime belt — Contiguous zone — Exclusive economic zone — Twenty-four mile limit of contiguous zone — Extent of jurisdiction of coastal State beyond this limit in exclusive economic zone

Sea — Contiguous zone — Nature and extent — Twenty-four mile limit — The law of Chile

Human rights — Right to a hearing — Independent tribunal established by law — American Convention on Human Rights, 1969, Article 8(1) — Whether States required to legislate to guarantee right

Relationship of international law and municipal law — Treaties — American Convention on Human Rights, 1969 — Action to enforce right to hearing — Whether provisions of Convention directly applicable

Treaties — Effect in municipal law — American Convention on Human Rights, 1969 — Ratification by Argentina — Whether prevailing over conflicting municipal legislation — Whether rights enforceable in absence of municipal legislation to give effect to rights under Convention — The law of Argentina

Human rights — Freedom of expression — Right of person injured by inaccurate or false statements communicated to the public to reply — American Convention on Human Rights, 1969, Article 14(1) — Relationship to Article 2 — Whether States required to legislate to guarantee right

Relationship of international law and municipal law — Treaties — Fundamental rights under State Constitution — American Convention on Human Rights, 1969 — Action to enforce right of reply — Whether right implicitly guaranteed by State Constitution in absence of specific implementing legislation for provisions of Convention — Whether provisions of Convention directly applicable

Treaties — Effect in municipal law — American Convention on Human Rights, 1969 — Ratification by Argentina — Requirement to enact domestic legislation to give effect to rights — Whether rights enforceable in absence of such legislation — The law of Argentina

Consular relations — Immunity — Consuls — Immunity from civil proceedings — Employment dispute arising from permanent closure of consular post — Claim for damages — Whether ordinary courts may exercise jurisdiction over claim against Consul — Scope of original jurisdiction of Supreme Court — Limitation to acts performed in exercise of official functions — The law of Argentina