Environment — Marine environment — Alleged radioactive contamination arising from French underground nuclear weapons tests in South Pacific — Request to International Court of Justice by New Zealand to resume proceedings begun in 1973 challenging legality of France’s nuclear tests — Court’s ruling in 1974 that object of dispute had disappeared because of France’s undertaking in 1974 to cease atmospheric tests — Assumption in 1974 that no risk of contamination from underground testing — Whether earlier proceedings and judgment limited to atmospheric nuclear testing or concerning all radioactive contamination caused by whatever means of testing — Developments in scientific knowledge and international environmental law since 1974 — Precautionary principle — Environmental impact assessment — Convention for the Protection of the Natural Resources and Environment of the South Pacific Region, 1986 — Whether relevant considerations for Court in determining whether New Zealand has established continuity of proceedings

International Court of Justice — Procedure — Application by State to reopen earlier proceedings — Paragraph 63 of 1974 Judgment in Nuclear Tests (New Zealand v. France) Case — Paragraph 63 permitting New Zealand to request examination of situation if “basis”of 1974 Judgment “affected” — Conduct of underground nuclear weapons tests by France — Whether procedure for access to the Court independent from Articles 60 and 61 of Statute of the Court — Whether within Court’s inherent power to regulate own procedure — Whether basis of 1974 Judgment affected or limited to atmospheric testing — Standard of proof applicable — Request for indication of provisional measures

International Court of Justice — Jurisdiction — Terminated jurisdiction — Application by New Zealand to resume proceedings in Nuclear Tests Case commenced against France in 1973 — Provision in Court’s Judgment of 1974 permitting return to Court where “basis”of Judgment “affected” — Denunciation by France of General Act for the Pacific Settlement of Disputes following commencement of proceedings in 1973 — Scope of Court’s jurisdiction — Whether Court’s examination of application limited to scope of earlier proceedings and dispute

International Court of Justice — Provisional measures of protection — Requirement of prima facie basis for jurisdiction on the merits — Whether Application must also be prima facie admissible — Criteria for indicating measures — Risk of irreparable damage to rights — Risk of damage to evidence — Urgency — Hostilities between armed forces of the Parties in disputed border area — Role of the Court — Power to indicate provisional measures proprio motu — Article 41 of the Statute of the International Court of Justice — Article 75 of the Rules of Court

International organizations — United Nations — Security Council — International Court of Justice — Maintenance of international peace and security — Indication of provisional measures of protection by Court in situation of armed conflict — Court supporting action by Security Council — Fact-finding mission by Secretary-General

Territory — Boundaries — Boundary dispute — Dispute submitted to International Court of Justice — Indication of provisional measures of protection

War and armed conflict — Border conflict — Indication of provisional measures of protection by International Court of Justice in situation of armed conflict

States — Conduct of foreign relations — Export ban on sale of nuclear equipment by private company to foreign State entity — Whether justiciable by French courts — Whether Executive decision prohibiting export constituting an acte de gouvernement — Whether severable from conduct of foreign relations by French Government

State responsibility — Acts and omissions of State organs — Export of nuclear materials — Refusal of ministerial authorization resulting in cancellation of contract — Whether State liable to pay compensation to exporter

Economics, trade and finance — Export ban — Sale of nuclear equipment by private company to foreign State entity — Refusal of Executive authorization — Claim for compensation against French State — Whether municipal courts having jurisdiction — The law of France

States — Conduct of foreign relations — Ministerial decision during Gulf War ordering de-registration of Iraqi students at French universities — Whether justiciable in French courts — Whether constituting an acte de gouvernement — Whether separable from conduct of foreign relations by French Government — The law of France

Treaties — Suspension — Circumstances in which unilateral suspension of bilateral treaty possible — Rebus sic stantibus — Whether suspension to be regarded as an acte de gouvernement — Conditions for validity of suspension — Whether determination a matter for courts or Executive — Whether notification by Minister for Foreign Affairs sufficient

States — Conduct of foreign relations — Notification of suspension of bilateral treaty — Competent State organ — Whether Minister for Foreign Affairs competent to notify suspension — The law of France

States — Conduct of foreign relations — Contract for sale of weapons by commercial undertaking to foreign State — Whether justiciable in French courts — Contract subject to authorization of French Government — Whether such contract constituting an acte de gouvernement — Whether severable from conduct of foreign relations by French Government

Economics, trade and finance — International arms sales — Private company concluding contract for sale of military aircraft to foreign State — Requirement of Executive authorization — Whether municipal courts having jurisdiction to examine legality of such contracts — The law of France

Treaties — Application by municipal courts — Supremacy over conflicting provision of earlier municipal law — French Constitution, Article 55 — Requirement of reciprocity — Conditions for fulfilment — Whether determination a matter for courts or Executive

State succession — Acquired rights — Algerian accession to independence — Governmental Declaration on Economic and Financial Cooperation of 19 March 1962, Article 15 — Whether applicable to pension rights accrued at date of accession to independence — The law of France

Treaties — Application by municipal courts — Requirement of reciprocity — Conditions for fulfilment under French Constitution, Article 55 — Burden of proof — Whether determination a matter for courts or Executive — The law of France

Treaties — Application by municipal courts — Requirement of reciprocity — Conditions for fulfilment under French Constitution, Article 55 — Whether determination a matter for courts or Executive — Whether formal notification by Minister for Foreign Affairs sufficient

Treaties — Termination — Lapse of bilateral treaty — Notice of non-application by contracting party — Legal effect — The law of France

States — Conduct of foreign relations — Nuclear tests in South Pacific — Decision by French President to resume tests — Whether constituting an acte de gouvernement — Whether subject to review by administrative courts — The law of France

Extradition — Refusal by requested State — Whether subject to judicial review in courts of requested State — Whether refusal constituting an acte de gouvernement — Whether requesting State having locus standi to challenge refusal before French Conseil d'Etat

States — Conduct of foreign relations — Decision by French Minister for Foreign Affairs refusing to grant extradition request — Whether open to challenge by requesting State in courts of requested State — Whether refusal of extradition severable from conduct of foreign relations by French Government — The law of France

Extradition — Refusal by requested State — Withdrawal of extradition decree — Decision based on “superior interests of State” — Whether subject to judicial review in courts of requested State — Whether such withdrawal constituting an acte de gouvernement

Extradition — Duty to extradite — European Convention on Extradition, 1957, Article 1 — Extent to which any discretion left to requested State — Withdrawal of extradition decree — Failure by requested State to give reasons for decision — Whether violating Convention where conditions laid down for extradition in Convention fulfilled

States — Conduct of foreign relations — Decision by French Minister for Foreign Affairs withdrawing extradition decree — Whether open to challenge by requesting State in courts of requested State — Whether refusal of extradition severable from conduct of foreign relations by French Government — The law of France

State immunity — Jurisdictional immunity — Commercial activity — Agreement with private company for supply of furnaces — Whether commercial — Whether nature or purpose of activity decisive — Whether possible intended use of furnaces for production of nuclear weapons relevant — Whether foreign State entitled to jurisdictional immunity

State immunity — Attachment and execution — Scope of immunity — Enforcement of foreign judgment — Application for exequatur — Whether foreign State entitled to invoke immunity from execution to oppose application — United States Foreign Sovereign Immunities Act 1976 — Whether Belgian courts required to examine whether conditions of Act complied with in proceedings before United States court

Economics, trade and finance — State contracts — Judicial award of damages for breach of contract — Liability of foreign State — State-controlled bank with independent legal personality providing finance for contract — Whether award of damages enforceable against bank — The law of Belgium

International organizations — United Nations — Security Council — Powers to maintain international peace and security — Security Council Resolutions — Whether capable of having direct effect in municipal law — Resolution No. 687 (1991) — Imposition of levy on Iraqi petroleum exports to compensate victims of Gulf War — Whether depriving Iraq of general immunity from execution

State immunity — Jurisdictional immunity — Commercial activity — Agreement with private company for construction of buildings — Enforcement of foreign judgment relating to agreement — Whether foreign State entitled to jurisdictional immunity

State immunity — Attachment and execution — Scope of immunity — Enforcement of exequatur for foreign judgment — Whether foreign State entitled to invoke immunity from execution to oppose application for enforcement — Whether Belgian courts required to examine whether conditions for service complied with in proceedings before French courts

State immunity — Attachment and execution — Bank accounts — Funds allegedly allocated for diplomatic functions — Criteria for determining whether funds immune from attachment — Whether courts of forum entitled to question statements made by sending State concerning allocation of funds

Diplomatic relations — Immunity — Property — Embassy bank account — Whether enjoying automatic immunity from execution — Funds allegedly allocated for diplomatic functions — Burden of proof — Whether courts of receiving State entitled to verify nature of funds deposited by embassy — Vienna Convention on Diplomatic Relations, 1961

Economics, trade and finance — State contracts — Liability for debts — Enforcement of judgment against foreign State — The law of Belgium

State immunity — Attachment and execution — Bank accounts — Funds allegedly allocated for diplomatic functions — Criteria for determining whether funds immune from attachment — Whether courts of forum entitled to question statements made by accredited State concerning allocation of funds

Diplomatic relations — Immunity — Property — Embassy bank account — Whether enjoying automatic immunity from execution — Funds allegedly allocated for diplomatic functions — Burden of proof — Whether courts of accrediting State entitled to verify nature of funds deposited by embassy — Vienna Convention on Diplomatic Relations, 1961

Diplomatic relations — Diplomatic agent — Immunity — Scope — Lease of premises as private residence for diplomat — Failure to disclose diplomatic status — Whether constituting tacit waiver of immunity — The law of Belgium

Extradition — Capital offences — Offence carrying death penalty in requesting State but not in requested State — European Convention on Extradition, 1957, Article 11 — Requirement for requesting State to give assurance that death penalty will not be carried out — Nature of assurance required — Whether courts or Executive in requested State responsible for determining adequacy of assurance given

States — Conduct of foreign relations by Executive — Basic Law of Federal Republic of Germany, Article 32(1) — Extradition request — Obligation of requested State to seek assurance that death penalty would not be imposed — Whether assessment of adequacy of such assurance a matter for the courts or the Executive — Duty of Executive to provide courts with information concerning prevailing situation in requesting State — The law of the Federal Republic of Germany

Extradition — Capital offences — Offence carrying death penalty in requesting State but not in requested State — Italy-United States Extradition Treaty, 1983, Article IX — Requirement for requesting State to give assurance that death penalty will not be carried out — Nature of assurance required — Whether courts or Executive in requested State responsible for determining adequacy of assurance given — The law of Italy

Extradition — Capital offences — Offence carrying death penalty in requesting State but not in requested State — Italy-United States Extradition Treaty, 1983, Article IX — Requirement for requesting State to give assurance that death penalty will not be imposed or carried out — Nature of assurance required — Whether solemn undertaking by United States Government sufficient or whether undertaking from prosecuting authority in State of California also required — The law of Italy

Treaties — Effect in municipal law — Conflict with municipal legislation — Primacy of treaty — Geneva Convention relating to the Status of Refugees, 1951 — Whether Article 23 having primacy over conflicting provision of municipal law

Aliens — Refugees — Treatment — Discrimination — Social security — Right to guaranteed minimum income under municipal law — Conditions — Requirement of ten years’ minimum residence — Whether constituting de facto discrimination against refugees lawfully resident in State of refuge — Geneva Convention relating to the Status of Refugees, 1951, Article 23

Relationship of international law and municipal law — Treaties — Whether creating directly applicable rights for individuals — Geneva Convention relating to the Status of Refugees, 1951, Article 23 — The law of Luxembourg