Extradition — Domestic legislation — Commonwealth extradition scheme — Fugitive Offenders Act 1881 (United Kingdom) — Whether in force in New Zealand in 1976 — Whether New Zealand part of “Her Majesty’s Dominions”

States — Independence — Commonwealth — New Zealand — Emergence of New Zealand as an independent State in international law and in constitutional law — Independence from United Kingdom — Participation of New Zealand in Vietnam War — United Kingdom membership of European Communities — The law of New Zealand

Extradition — Of national — Requested by Federal Republic of Germany — Treaty between Canada and Germany concerning Extradition, 1977 — Extradition of naturalized Canadian citizen — Alleged crimes committed during World War II in Lithuania under de facto control of Germany — Whether extradition of national compatible with individual’s right under Canadian Constitution to remain in Canada — Effect of lack of absolute reciprocity in the extradition of nationals — Extradition Act 1970

War and armed conflict — Belligerent occupation — War crimes — Geneva Conventions — World War II — Lithuania under German occupation — German Criminal Code and Code of Criminal Procedure applied — Crimes committed in area under de facto control of Germany during World War II — Federal Republic of Germany requesting extradition of naturalized Canadian citizen — Killing of Jews — Murder under the German Criminal Code — Treaty between Canada and Germany providing for extradition for offences committed within “territory” of demanding State — Whether crimes committed within “territory” of requesting State — Whether Germany had jurisdiction to seek extradition of fugitive — Geneva Conventions Act 1970 — War Crimes Act 1946

Territory — Occupied territory in time of war — Whether occupied territory part of the territory of the occupying State — Position of Lithuania under German occupation during World War II — Operation of Extradition Treaty between Canada and Germany permitting extradition for offences committed within “territory” of demanding State — Whether “territory” including area occupied and under de facto control of Germany during World War II — Whether Germany having jurisdiction to seek extradition of fugitive

Human rights — Right to remain in one’s own country — Whether reasonable limits justifiable in a free and democratic society — International Covenant on Civil and Political Rights, 1966 — Protocol 4 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950, Articles 2 and 3(1) — Extradition to Federal Republic of Germany for crimes allegedly committed in Lithuania during World War II — Whether infringement of the right to remain in Canada — Whether infringement a reasonable limit — Canadian Charter of Rights and Freedoms 1982, Sections1, 6(1) — The law of Canada

Comity — Mutual judicial assistance — Respect for foreign laws — Request to foreign courts for examination of witnesses — Request for evidence regarding foreign legislation — Allegation that foreign legislation penal and discriminatory — Whether effect should be given to foreign legislation — Whether request for judicial assistance contrary to notions of comity

Relationship of international law and municipal law — Act of State and justiciability — Duty of courts of one State to give effect to laws of another — Exceptions to duty — The law of England

Comity — Mutual judicial assistance — Limits of assistance — Attempt to enforce foreign revenue laws in bankruptcy proceedings — Whether contrary to international law — Belgium — United Kingdom Convention respecting Legal Proceedings in Civil and Commercial Matters, 1922

Jurisdiction — Extraterritorial — Presumption against extraterritorial application of legislation — Power to require person to appear in English court for examination in bankruptcy proceedings — Whether applicable to British citizen resident in Belgium — Whether power to compel such person to submit to examination either in England or in Belgium

Relationship of international law and municipal law — Treaties — Whether English court has jurisdiction to construe treaty — The law of England

Diplomatic relations — Diplomatic representatives — Immunities and privileges — Whether dependent upon notification of appointment to authorities of receiving State — Vienna Convention on Diplomatic Relations, 1961, Article 39 — Immunity from criminal prosecution — The law of England

Extradition — Double criminality — Whether alleged acts would have amounted to an offence under the law of the extraditing State — Whether acts in question would have been within the jurisdiction of the extraditing State — Theft — Conspiracy — Telexes arranging transfer of funds allegedly sent in requesting State — Transfers actually occurring in third State — False accounting and corruption — Place where offences committed

Extradition — Procedure — Fugitive Offenders Act 1967 — Function of extradition magistrate — Function of Divisional Court — Evidence

Extradition — Specialty — Applicant liable to be extradited to Hong Kong — Whether liable to come into Chinese custody when Hong Kong is part of the People’s Republic of China — Whether violation of specialty principle in Fugitive Offenders Act 1967

Jurisdiction — Territorial — Theft and conspiracy to steal and to defraud — Telexes arranging transfer of funds — Transfer taking place in another State — Whether within jurisdiction of State in which telexes sent — The law of England

Extradition — Procedure — Fugitive Offenders Act 1967 — Defects in procedure — Whether vitiating committal proceedings — Double criminality — Nature of requirement — Whether necessary that wording of offences in English law and the law of the requesting State be precisely identical — The law of England

Diplomatic relations — Diplomatic personnel — Immunities and privileges — Entitlement to immunity — Whether requirement that person claiming immunity be a member of the staff of an embassy — Appointment as Ambassador-at-Large — New York Convention on Special Missions, 1969 — Whether reflecting customary law — Whether State not party to Convention obliged to accept status of Ambassador-at-Large — Whether immunity dependent upon notification to receiving State — Whether dependent upon agrément of receiving State — Vienna Convention on Diplomatic Relations, 1961, Article 39 — Whether declaratory of customary international law — Whether attitudes to diplomatic immunity changed since 1961

Relationship of international law and municipal law — Treaties — Effect in municipal law — Vienna Convention on Diplomatic Relations, 1961 — Effect in English law — Diplomatic Privileges Act 1964 — Distinction between articles of Convention incorporated into English law by Schedule to Act and those not so incorporated

Relationship of international law and municipal law — Foreign relations questions before municipal courts — Evidence — Foreign Office certificate — Entitlement to diplomatic immunity — Certificate conclusive of questions of fact — Whether binding on matters of law — Whether exclusive — Whether Secretary of State may submit other evidence to Court

Sources of international law — Treaties — Relationship between treaties and customary international law — Whether provisions in treaty declaratory of custom — Vienna Convention on Diplomatic Relations, 1961 — New York Convention on Special Missions, 1969 — The law of England

Aliens — Liability to immigration control — Members of diplomatic mission and their families — Exemption from immigration control — Whether dependent upon prior notification of appointment to authorities of receiving State — Member of mission not yet notified to authorities given indefinite leave to enter — Whether entitled to remain, after termination of appointment

Diplomatic relations — Diplomatic representatives — Immunities and privileges — Whether dependent upon notification of appointment to authorities of receiving State — Vienna Convention on Diplomatic Relations, 1961, Article 39 — Exemption from immigration control — The law of England

Aliens — Deportation — National security — United Kingdom Immigration Act 1971, Section 15 — Absence of right of appeal against deportation order for reasons of national security — Lebanese national resident in United Kingdom for over 15 years — Outbreak of hostilities in the Gulf in 1991 — Alleged links of deportee with organizations liable to instigate terrorist attacks in the United Kingdom — Whether necessary that deportee be given specific reasons for deportation order — The law of England

Aliens — Deportation — Family — Parents liable to deportation but infant child a citizen of deporting State — Rights of child — Whether prevailing over liability of parents to deportation

Human rights — Respect for family life — Parents liable to deportation — Child a citizen of deporting State — International Covenant on Civil and Political Rights, 1966 — United Nations Declaration on the Rights of the Child, 1959 — Whether guaranteeing right of family to stay together — Effects in Australian law

Relationship of international law and municipal law — Treaties — Human rights agreements — International Covenant on Civil and Political Rights, 1966 — United Nations Declaration on the Rights of the Child — Effect in Australian law — Australian Human Rights Commission Act 1981 — Whether court entitled to refer to treaties in proceedings for judicial review of immigration decision — The law of Australia

War and armed conflict — Weapons — Nuclear weapons — Whether possession, deployment and use of nuclear weapons contrary to international law — War crimes and crimes against humanity — Whether involvement in nuclear strategy a war crime — Nuremberg principles — Whether Nuremberg principles impose duty upon individuals to prevent commission of crimes — Whether capable of justifying act of trespass on premises of nuclear facility

Relationship of international law and municipal law — Treaties — Effect in municipal law — Treaties regarding nuclear weapons — International Covenant on Civil and Political Rights, 1966 — The law of Australia

Human rights — Freedom of expression — Freedom of opinion — Right to impart ideas — Freedom of the press — Journalist convicted of defamation — Whether necessary to protect reputation of others — Possible conflict between freedom of expression and right to respect for private life — Whether wider limits of criticism acceptable as regards politicians — European Convention on Human Rights, 1950, Article 10

Damages — Compensation for breach of treaty obligation — Pecuniary damages — Fine and costs awarded against applicant in domestic proceedings — Legal costs and expenses of applicant before domestic courts and Convention institutions — Whether reasonable as to quantum — European Convention on Human Rights, Article 50

Human Rights — Freedom of expression — Public service employment — Civil servant required to make declaration of loyalty to free, democratic constitutional system — Applicant's employment revoked after she declared support for objectives and policies of communist party — Whether involving violation of right to freedom of expression — European Convention on Human Rights, 1950, Article 10 — Scope of Convention — Whether protecting right of access to employment in the public service — Comparison with the Universal Declaration of Human Rights, 1948, and the International Covenant on Civil and Political Rights, 1966

Claims — Exhaustion of local remedies — European Convention on Human Rights — Purpose of rule — Whether necessary for applicant to raise human rights violation as such in national courts — Whether sufficient that substance of human rights question raised in national proceedings

International tribunals — Procedure — European Court of Human Rights — Preliminary objections — Whether going to merits of case — Whether respondent State estopped from raising question before Court

Treaties — Interpretation — Travaux préparatoires — Record of negotiation of protocols to treaty — Whether available as aid to the interpretation of treaty itself — Comparison between texts of different treaties on human rights — European Convention on Human Rights

Human rights — Freedom of expression — Limits on freedom of expression — Conviction of painter and confiscation of paintings under obscenity legislation — Whether restrictions necessary for the protection of morals — No common European concept of morals — Margin of appreciation afforded to States' authorities not exceeded — Relevance of circumstances of exhibition — European Convention on Human Rights, 1950, Article 10

Human rights — Freedom of expression — Limits on freedom of expression — Conviction of author of article for defamation of character under domestic Greenland legislation — Whether a justifiable interference with freedom of expression — Whether restriction necessary for protection of the reputation, authority and impartiality of the judiciary — Whether political overtones exist to enable wider freedom — Balancing of competing interests — Relevance of special features of domestic legal system — European Convention on Human Rights, 1950, Article 10

Treaties — Reservations — Interpretative declarations — Circumstances in which interpretative declaration assimilated to reservation — Relevance of title of declaration — European Convention on Human Rights, 1950, Article 64 — Validity of reservations to European Convention on Human Rights — Competence of European Commission on Human Rights to examine validity — Meaning of reservation “of a general character” for purposes of Article 64(1) — Purpose of “brief statement of the law concerned” as required under Article 64(2)

Human rights — Fair trial — Right to interpreter — European Convention on Human Rights, Article 6(3)(e) — Requirement that services of interpreter be provided free of charge — Whether applicable to Switzerland — Swiss declaration regarding Article 6(3)(e) — Effects

Treaties — Reservations — Interpretative declarations — Circumstances in which interpretative declaration assimilated to reservation — Relevance of title of declaration — European Convention on Human Rights, 1950, Article 64 — Validity of reservations to European Convention on Human Rights — Competence of European Court of Human Rights to examine validity — Meaning of reservation “of a general character” for purposes of Article 64(1) — Purpose of “brief statement of the law concerned”, as required under Article 64(2) — Effect of holding reservation impermissible — Vienna Convention on the Law of Treaties, 1969

Human Rights — Fair trial — European Convention on Human Rights, Article 6(1) — Entitlement to trial by “independent and impartial tribunal” — Whether, where first instance tribunal not independent and impartial, appeal without re-examination of merits is sufficient

State immunity — Jurisdictional immunity — Taxation — Educational Institute of Federal Republic of Germany in Spain — Liability to payment of municipal rates — Claim to exemption by Federal Republic of Germany — Cultural Agreement between Federal Republic of Germany and Spain, 1966 — Whether automatic entitlement to exemption from municipal taxation

Treaties — Effect in municipal law — Entry into force — Requirements — Ratification — Publication in State official journal — Principle of non-retroactivity — Priority of treaty provisions over conflicting provisions of municipal law — Conditions for direct applicability of treaty provisions — Spanish Constitution, Article 96 — New Civil Code, Article 1(5)

Relationship of international law and municipal law — Treaties — Effect in municipal law — Conditions for incorporation of treaty provisions into municipal law — The law of Spain

State responsibility — Acts and omissions of State organs and officials — Executive inaction — Re-negotiation of fisheries treaty between Spain and Mauritania — Failure of Spanish authorities to provide adequate advice and protection to Spanish fishermen during negotiating process — Action for damages — Responsibility of Spanish State for loss of vessels seized by Mauritanian authorities — Extent of duty owed by Spanish State to Spanish fleet operating off Mauritania

States — Conduct of foreign relations — Re-negotiation of fisheries treaty — Expiry of current treaty — Liability of State for failure adequately to protect nationals from loss and damage during negotiating process — The law of Spain