Governments — Revolution — Overthrow of government in military coup d’état — Status of revolutionary regime — Authority of legislation adopted by revolutionary regime — Whether legitimate — Criteria for regarding revolutionary regime as legitimate — Effective control — Acquiescence by population — Whether international law notions of de facto and de jure governments of any relevance — Transkei — Overthrow of government by army — Whether revolutionary regime meets criteria of effectiveness — The law of Transkei

States — Statehood — Recognition — South African ‘Bantustan’ policy — Bophuthatswana — Whether an independent State in international law — Recognition — Whether Bophuthatswana possesses attributes of a State — Population — Territory — Government — Capacity to enter into foreign relations — Whether entity which is not recognized by other States can be said to possess such capacity — Treason — Whether treason may only be committed against a sovereign State — Whether possible to commit treason against Bophuthatswana

Recognition — States — Legal effects — Whether recognition constitutive or declaratory — Policy of non-recognition — South African ‘Bantustans’ — Resolutions of United Nations Security Council and General Assembly calling upon States not to recognize Bantustans as independent States — Legal effects of resolutions

Territory — Sovereignty — Nature of territorial sovereignty — Right of State to cede part of its territory for creation of a new State — Self-determination — Requirement that there be a free expression of the will of a people — South African ‘Bantustan’ policy — Whether South African grant of independence to Bophuthatswana involved violation of the principle of self-determination

Relationship of international law and municipal law — Customary international law — Law of Bophuthatswana — Whether customary international law part of the law of Bophuthatswana — Whether Bophuthatswana municipal law prevails over international law before municipal courts of Bophuthatswana

International organizations — United Nations — General Assembly — Security Council — Effects of resolutions — Resolutions calling on States not to recognize ‘Bantustans’ granted independence by South Africa — Whether effective to deny statehood — The law of Bophuthatswana

Jurisdiction — Universal — Crimes against international law — War crimes — Crimes against humanity — Canadian legislation extending jurisdiction of Canadian courts to war crimes and crimes against humanity committed outside Canada during World War Two — Whether permissible in international law — Whether constituting retroactive criminal legislation — Extraterritorial — Presumption against extraterritorial effects of criminal legislation — Whether Canadian Parliament possessing authority to pass legislation having extraterritorial effects

War and armed conflict — War crimes and crimes against humanity — Whether principle of individual criminal responsibility for war crimes and crimes against humanity already established during World War Two — Hague Convention No IV respecting the Laws and Customs of War on Land, 1907 — Charter of the International Military Tribunal

Human rights — Criminal penalty — Retroactive criminal legislation — Prohibition of retroactive criminal legislation — Canadian legislation extending jurisdiction of Canadian courts to war crimes and crimes against humanity committed during World War Two — Whether contrary to principle that criminal legislation should not be retroactive

Treaties — Application — Hague Convention No IV respecting the Laws and Customs of War on Land, 1907 — General participation clause — Application of Convention during World War Two

Relationship of international law and municipal law — Treaties — Application in Canadian law — Hague Convention No IV respecting the Laws and Customs of War on Land, 1907 — The law of Canada

Relationship of international law and municipal law — Customary international law — Treaties — Mandate for South West Africa — Whether incorporated into law of South West Africa and South Africa — Whether Mandate for South West Africa possessing status superior to that of South West African legislation — Enforcement of Mandate — Whether Mandate enforceable by courts of South West Africa and South Africa — Resolutions of United Nations General Assembly and Security Council — Resolutions concerning Namibia/South West Africa — Whether forming part of international law — Whether incorporated into municipal law of South Africa and South West Africa — Reference to treaties as aid to interpretation of legislation

States — Mandated territories — Namibia/South West Africa — Status — Effect of resolutions of United Nations General Assembly and Security Council stating that South West African Mandate terminated — Status of Walvis Bay — Powers of Mandatory to govern territory — Whether restricted by Mandate — Conscription of inhabitants of territory — Whether permissible — Whether inhabitants may be required to perform national service outside territory of Mandate

Treaties — Mandates — Mandate for South West Africa — Status in law of South West Africa

Territory — Mandated territories — Namibia/South West Africa — Extent of territory — Walvis Bay — Whether part of Namibia/ South West Africa

International Court of Justice — Advisory jurisdiction — Effects of advisory opinions — Opinion on Legal Consequences for States of the Continued Presence of South Africa in Namibia — Legal effects

International organizations — United Nations — General Assembly — Legal effects of General Assembly resolutions — Whether constituting a source of international law — Security Council — Legal effects of resolutions — Resolutions of General Assembly and Security Council relating to Namibia/South West Africa — Whether courts of South Africa and South West Africa required to take account of such resolutions — Mandate system — Role of General Assembly in supervising application of Mandates

Recognition — Of sovereignty and rights of government — Namibia/South West Africa — Continued presence of South Africa in Namibia/South West Africa following resolutions of United Nations organs stating that South West African Mandate terminated — Whether South Africa recognized as having powers of government in Namibia/South West Africa — Whether recognition decisive in this context — The law of South West Africa and South Africa

State responsibility — Breach of treaty — Applicable principles — Whether responsibility for breach of treaty governed by same principles as breach of other international obligations — Circumstances excluding wrongfulness — Force majeure — Distress — Necessity — Conditions for application of distress — Rainbow Warrior dispute between New Zealand and France — 1986 Agreement implementing ruling by United Nations Secretary-General — Provision that two French agents to spend three years on island of Hao and not to leave island without consent of New Zealand — Circumstances in which emergency evacuation justified — Requirement to return agents to Hao once circumstances of emergency terminated — International Law Commission Draft Articles on State Responsibility

State responsibility — Damage — Whether damage essential element in establishing responsibility — Whether damage must be material — Moral and legal damage — Remedy — Satisfaction — Whether award of monetary compensation possible

Treaties — Application — Law governing application of treaties — Vienna Convention on the Law of Treaties, 1969 — Whether exhaustive — Whether principles of law relating to State responsibility also applicable — Whether principles of State responsibility regarding circumstances excluding wrongfulness applicable to application of treaty — Distress

Treaties — Breach — Nature of breach — Duration of breach — Continuing breach of treaty — Principles of international law applicable to breach of treaty

Treaties — Termination — Duration of obligation — Whether treaty to operate for fixed period — Rainbow Warrior dispute between New Zealand and France — 1986 Agreement implementing ruling by United Nations Secretary-General — Provision that two French agents to spend three years on island of Hao and not to leave island without consent of New Zealand — Whether obligations of France regarding agents to terminate after three years irrespective of whether agents have spent entire period on island — Whether France still under obligation to return agents to Hao

Claims — Breach of treaty — Damage — Non-material damage to State — Remedy — Whether satisfaction the only available remedy — Whether award of monetary compensation possible — Claimant State not seeking award of monetary compensation — Declaration by tribunal that condemnation of respondent State appropriate satisfaction

Damages — Losses for which damage recoverable — Non-material damage to State — Violation of solemn obligation — Insult — Whether award of monetary compensation available as remedy

Sources of international law — Customary international law — Treaty as statement of customary law — Vienna Convention on the Law of Treaties, 1969 — International Law Commission Draft Articles on State Responsibility

Arbitration — Ad hoc international arbitration — Applicable law — Powers of tribunal — Arbitration tribunal established by agreement between New Zealand and France to hear Rainbow Warrior dispute

Arbitration — Dispute — Compromis — Tribunal required to give ruling on dispute concerning interpretation of treaty — Dispute arising in connection with specific case — Specific case not referred to Tribunal — Duty of Tribunal to bear in mind facts which gave rise to dispute over interpretation

Sea — Fisheries — Rights of the coastal State — Exclusive fisheries zone — Rights of other States with historic interests in waters — Conservation — Development of the law — Increasing emphasis in law of the sea upon prevention of excessive exploitation of fisheries — Canada-France Agreement, 1972, concerning fishing in the Gulf of St Lawrence — Application to fishing vessels registered in Saint-Pierre and Miquelon — Application to French fishing vessels of Canadian fishing regulations — Meaning of ‘regulations’ — Whether extending to policy of not permitting use of fish filleting equipment on board trawlers — Right of French vessels to access to Gulf on ‘equal footing’ with Canadian vessels

Sea — Development of the law of the sea — Effects of the United Nations Conference on the Law of the Sea — Extension of rights of the coastal State — Increased emphasis on conservation

Treaties — Interpretation — Ordinary meaning of words — Object and purpose of agreement — Context — Reference to travaux préparatoires