International law in general — Relation to municipal law — Treaties — Presumption that Parliament does not intend to legislate contrary to treaty obligations — Universal Declaration of Human Rights, 1948 — European Convention for the Protection of Human Rights and Freedoms, 1950 — The law of England

Treaties — Conclusion and operation — Enforcement — Position of treaties in English municipal law — Presumption that Parliament does not intend to legislate contrary to treaty obligations — Universal Declaration of Human Rights, 1948 — European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950 — The law of England

The individual in international law — Human rights and freedoms — Retroactive effect of penal legislation — Universal Declaration of Human Rights by the General Assembly of the United Nations, 1948 — European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, Article 7 — Immigration Act 1971 — Sections 24 ad 26 — The law aof England

State responsibility — Damages — Award of damages in general — Grounds for awarding damages — European Convention for the Protection of Human Rights and Freedoms — Article 50 — Effect of negotiated settlement on right to compensation — Principle of restitutio in integrum

Disputes — Other international courts — Procedure before — European Court of Human Rights — Application to the Court for compensation for alleged violation of treaty provision — Effect of settlement on right to compensation — European Convention on Human Rights, Article 50

The Individual in international law — Human rights and freedoms — European Convention on Human Rights — Question concerning length of periods in detention on remand — Compensation for alleged violation of Convention provision — Procedure of application to the Court — Applicability of Article 50 of the Convention — Principle of restitutio in integrum

International law in general — Sources — Codification treaty not yet in force — Value to international tribunal — Vienna Convention on the Law of Treaties, 1969

Treaties — Interpretation — Principles and rules of interpretation — Codification of rules in Vienna Convention on the Law of Treaties, 1969 — Whether special approach required for organic treaty — European Convention on Human Rights

Treaties — Interpretation — Bilingual treaties — European Convention for the Protection of Human Rights — Examination and comparison of English and French texts

Treaties — Special kinds of treaties — Treaties establishing special regimes — Whether special rules of interpretation applicable — European Convention on Human Rights

The individual in international law — Human rights and freedoms — European Convention on Human Rights — Prisoner's desire to contact legal adviser with view to taking proceedings against prison official refused by the authorities — Article 6(1) (right to a fair and public hearing in determining civil rights and obligations) — Whether Article 6(1) confers a right of access to the courts — Hindrance of effective exercise of right as an infringement — Whether right of access is absolute or subject to implied limitations — Limitation not to interfere with substance of a protected right

Interpretation of the Convention — Cognisance of Articles 31 to 33 of Vienna Convention on Law of Treaties — Interpretation of treaty as a unity — Comparison of French and English texts of Article 6(1) — Relationship of this to other Articles of the Convention — Significance of Preamble to the Convention as regards interpretation — The phrase “rule of law” — Principle of good faith — Importance of the concept of “rule of law” in the context of the Council of Europe — “General principles of law recognised by civilised nations” in the context of the Convention

Article 8 (respect for correspondence) — Impeding initiation of correspondence an “interference” within Article 8(2) — Whether there are implied limitations additional to those set out in Article 8(2) — Application of limitations in Article 8(2) — Power of appreciation left to Contracting States — Appraisal of necessity of interference by the Government — Legitimacy of taking into consideration the ordinary and reasonable requirements of imprisonment in applying the stated limitations

Article 50 (just satisfaction) — Question ready for decision and thus not reserved — The finding of violations of the Applicant's rights in the matter sufficient satisfaction

Treaties — Interpretation — Principles and rules of interpretation — Whether special approach required for organic treaty — European Convention on Human Rights

Treaties — Special kinds of treaties — Treaties establishing special regimes — Whether special rules of interpretation applicable — European Convention on Human Rights

The individual in international law — Human rights and freedoms — European Convention on Human Rights — Article 11 (individual's right to form and to join trade unions for the protection of his interests) — Government's refusal to afford applicant union right to be consulted while granting it to other unions including other police bodies — Whether right to be consulted within the protection afforded by Article 11 — Significance of phrase “protection of his interests” — State afforded a free choice of means by which to comply with its duty under the Article to enable unions to strive for the protection of their members' Interests — Mere lack of consultation not a breach of the Article

Consideration of Article 14 (prohibiting discrimination in regard to rights set forth) in conjunction with Article 11 — Article 14 having no independent but rather a complementary existence under the Convention — Article 14 as an integral part of each substantive Article — Application of this concept where a protected right is not defined precisely leaving State wide means for implementation — Consultation as a modality of the right protected in Article 11 — Applicant caused to be at a disadvantage — Whether the distinction made by the Government was discriminatory in context of Article 14 — Elements of unlawful discrimination under the Convention — Role of Court as against that of the national authorities — Belgian Government pursuing a legitimate aim under the Convention — Principle of proportionality

International law in general — Relation to municipal law — Interpretation of municipal law with regard to the general rules of international law — The law of the Federal Republic of Germany

The individual in international law — Nationality — Expatriation — Actions of Yugoslavian Government in respect of persons of German ethnic origin after Second World War — Whether amounting to deprivation of Yugoslavian citizenship — The law of the Federal Republic of Germany

War and neutrality — Warfare on land — Occupation of enemy territory — Legislative functions of the occupant — Grant of occupant's nationality to ethnic group in occupied territory — Validity — The law of the Federal Republic of Germany

The individual in international law — Nationality — Acquisition and loss of nationality — Limits of relevant national regulations — Relevance of the intentions of the individual — Abuse of rights — Persons of German ethnic origin in Yugoslavia collectively naturalized in 1941 — The law of the Federal Republic of Germany

States as international persons — In general — Sovereignty and independence — Conduct of foreign relations — International technical co-operation agreement — Protection of property of nationals — Whether failure to give protection justiciable by municipal courts — The law of France

The individual in international law — Nationality — As determining the right of protection of citizens abroad — French nationals working in Laos — French Government ordering them to remain in Laos — Whether French State responsible for harmful acts committed in the course of operations to which France was not a party — Compensation — The law of France

The individual in international law — Fundamental human rights and freedoms — Right to respect for family life — Article 8 of the European Convention on Human Rights — Public order and security — The law of the Federal Republic of Germany

The individual in international law — Aliens — Expulsion of alien — Right of expulsion — Protection of family life — Public order and security — Article 8 of the European Convention on Human Rights — The law of the Federal Republic of Germany

International law in general — Relation to municipal law — Power of President to conclude and enforce treaty — Extradition — Power of President to order return of United States serviceman to stand trial in Philippines — Agreement Concerning Military Bases between United States and Philippines, 1947 — Whether power to order return of serviceman in order to comply with Agreement implicit in power to conclude Agreement — The law of the United States

Treaties — Conclusion and operation — Enforcement — The law of the United States — Presidential power and authority to negotiate and to enforce — 1947 Agreement Concerning Military Bases between United States and the Republic of the Philippines — The law of the United States

The individual in international law — Extradition — In general — Necessity for treaty or Federal law for extradition from United States — Whether Status of Forces Agreement satisfies this requirement — Accused serviceman returned to Philippines for trial after being inadvertently transferred to United States in violation of the Agreement — 1947 Agreement Concerning Military Bases between the United States and the Philippines — The law of the United States

The individual in international law — Miscellaneous — Refugees — Geneva Convention on the Status of Refugees, 1951 — Definition of refugee — Réfugié sur place — Whether failure to return to country due to justifiable fear of persecution — The law of the Federal Republic of Germany

States as international persons — In general — Sovereignty and independence — Conduct of foreign relations — Conclusiveness of statements of the Executive — Department of State letter — Diplomatic and sovereign immunity — The law of the United States

Jurisdiction — In general — Territorial — Exemptions from and restrictions upon territorial jurisdiction — Foreign States — Arbitration clause in charterparty — Diplomatic immunity — Effect of Department of State letter — The law of the United States

Diplomatic and consular intercourse and privileges — Permanent diplomatic envoys — Privileges and immunities of diplomatic envoys and their staff — Sovereign immunity — Agent of Algerian Government concluding charterparty agreement — Arbitration clause — Whether Court having jurisdiction to compel arbitration — Identity of respondent given as “Embassy of Algeria” — Effect of Department of State letter — Effect of absence of diplomatic relations between United States and Algeria — The law of the United States

International law in general — Relation to municipal law — Treaties and international agreements — Consular Convention between United States and U.S.S.R., 1968 — Whether Treaty exemption of diplomatic premises from taxation prevails over inchoate tax lien in existence before Treaty took effect — Rights created by treaty as part of law of each state — The law of the United States

States as international persons — In general — Sovereignty and independence — Conduct of foreign relations — Conclusiveness of statements of the Exclusive — Consular Convention between United States and U.S.S.R., 1968 — Treaty exemption of diplomatic premises from taxation — Whether Federal Government in exercise of its responsibility for conduct of foreign affairs has locus standi to prevent local government action which would violate United States treaty obligation — Statement by Department of State concerning status of property — The law of the United States

Treaties — Conclusion and operation — Entry into force — 1968 Consular Convention between United States and U.S.S.R. — Whether treaty exemption of diplomatic premises from taxation — Effect in municipal law — The law of the United States

Diplomatic and consular intercourse and privileges — Permanent diplomatic envoys — Privileges and immunities — Diplomatic premises — Immunity from local taxation of property occupied by Permanent Representative of U.S.S.R. to United Nations — 1968 Consular Convention between United States and U.S.S.R. — The law of the United States

Treaties — Conclusion and operation — Ratification of treaties — Entry into force — Provisional application — Statute and Supplementary Agreement of the North Atlantic Treaty Organisation, 1951 — Administrative Agreement between United States and Federal Republic of Germany — Parties agreeing to apply terms of Agreement before ratification — Effect in municipal law — Jurisdiction of German courts to try U.S. soldier — The law of the Federal Republic of Germany

International law in general — Relation to municipal law — Treaty — NATO Status of Forces Agreement, 1951 — Treaty requiring arbitration of dispute over whether serviceman acting in course of his duty — Receiving State declining to submit questions to arbitrator and relying on agreement with sending State — Whether municipal courts able to enforce requirement of arbitration — The law of France

Treaties — Special kinds of treaties — Treaties establishing special regimes — Whether special rules of interpretation applicable — European Convention on Human Rights

Treaties — Special kinds of treaties — NATO Status of Forces Agreement, 1951 — Article VIII(5) — Civil responsibility — Damage caused by U.S. serviceman belonging to NATO forces — Whether acting in the course of his duty — Recourse to arbitral procedure laid down by the Convention — Effect of treaty in municipal law — Whether enforceable by private individual — The law of France

International law in general — Sources — Customary law — State practice — Evolution of a new rule of customary international law — Whether such a rule had evolved in respect of atmospheric nuclear tests — Nuclear Test Ban Treaty, 1963

States as international persons — In general — Conduct of foreign relations — Statements by Head of State and members of Government — Whether capable of binding State in international law

State territory — In general — Nature of territorial sovereignty — Atmospheric nuclear tests causing deposit of radio-active fall-out on territory of other States — Whether an infringement of territorial sovereignty

Jurisdiction — High seas — Conception of the high seas and freedom of the sea — Atmospheric nuclear tests causing deposit of radio-active fall-out on the high seas — Establishment of prohibited and dangerous zones — Whether an unlawful infringement of the freedom of the high seas — Whether any one State has locus standi to claim in respect of such infringement

State responsibility — Nature and kinds of — In general — Absolute responsibility — Atmospheric nuclear tests leading to deposit of radio-active fall-out on territory of other States and on high seas — Whether such tests unlawful — Whether absolute responsibility for any damage caused

Treaties — In general — Form of international agreements — Unilateral oral declaration — Whether capable of amounting to assumption of legal obligation — Whether international law imposes any formal requirements — French declarations that atmospheric nuclear tests would cease — Whether amounting to a binding promise

Treaties — Conclusion and operation — Effect on third parties — Treaty allegedly giving rise to rule of customary international law — Nuclear Test Ban Treaty, 1963 — Whether giving rise to rule of customary law prohibiting atmospheric nuclear tests

Treaties — Termination — By operation of law — Desuetude — Whether a separate means of termination — Whether distinguishable from rebus sic stantibus — General Act for the Pacific Settlement of Disputes, 1928 — Whether remaining in force after dissolution of League of Nations — Effect of subsequent agreements

Treaties — Termination — By act of party — Mutual consent — Implied consent — Whether earlier treaty amended or superseded by later treaty dealing with similar subject — General Act for the Pacific Settlement of Disputes, 1928 — Whether amended or superseded as between Australia and France by Optional Clause declarations

Treaties — Termination — By act of party — Result of non-performance by one party — Whether Australia debarred from invoking General Act for the Pacific Settlement of Disputes, 1928, by alleged breach in 1939

Disputes — International Court of Justice — Contentious jurisdiction — Procedure — Refusal of respondent State to appear Application of Article 53 of Statute — Preservation of equality between parties — Rules of natural justice — Propriety of Court considering fresh evidence proprio motu — Whether necessary for Court to consult parties — Application — Inherent jurisdiction of Court to decide real nature of claim — Court requested to adjudge and declare atmospheric nuclear tests unlawful and to order France to cease conducting tests — Whether a separate claim for a declaratory judgment

Disputes — International Court of Justice — Contentious jurisdiction — Procedure — Indication of interim measures of protection

Disputes — International Court of Justice — Contentious jurisdiction — Procedure — Application for permission to intervene — Procedure to be followed — Whether necessary to establish jurisdictional link between intervening State and respondent State

Disputes — International Court of Justice — Contentious jurisdiction — Competence — Indication of interim measures of protection — Need to establish prima facie jurisdiction before indicating interim measures — Degree of examination required

Jurisdiction of the Court — Questions of jurisdiction and admissibility — Distinction — Judicial function of Court — Need for a legal dispute — Claimant State's objectives achieved — Whether claim without object — Inherent jurisdiction of Court to examine such questions proprio motu — Whether a reformulation of Applicant's claim

Jurisdiction — General Act for the Pacific Settlement of Disputes, 1928 — Whether a treaty in force — Whether providing a basis for jurisdiction of the Court — Whether amended or superseded by subsequent declaration under Article 36 (2) of the Statute of the Court — Effect of reservations to declaration under Article 36(2)Self — judging reservations

Jurisdiction — Locus standi — Whether actio populans exists in international law

Procedure — Refusal of Respondent State to appear before Court Consequences — Article 53 of the Statute of the Court — Application — Relation to Article 41 and indication of interim measures of protection — Preservation of equality between parties — Rules of natural justice

Procedure — Propriety of Court examining new evidence proprio motu — Whether necessary to consult parties

Procedure — Application — Court requested to declare atmospheric nuclear tests unlawful and order France to cease conducting them — Whether request for declaration a separate claim or merely reason advanced for grant of order

Procedure — Application to intervene — Whether necessary to establish jurisdictional link between intervening State and respondent State

Treaties — In general — Form of international agreements — Unilateral declaration — Whether capable of amounting to assumption of legal obligation — French declaration that atmospheric nuclear tests would cease

Treaties — Termination — By operation of law — Desuetude — General Act for the Pacific Settlement of Disputes, 1928 — Whether remaining in force after dissolution of the League of Nations

Treaties — Termination and amendment — By mutual consentWhether General Act amended or superseded as between Australia and France by declarations of both States under Article 36(2) of the Statute of the International Court of Justice

Treaties — Termination — Whether Australia debarred from invoking General Act for the Pacific Settlement of Disputes, 1928, by alleged breach in 1939

Treaties — Effect on third parties — Treaty allegedly giving rise to rule of customary international law — Nuclear Test Ban Treaty, 1963

State responsibility — In general — Atmospheric nuclear tests leading to deposit of radio-active fall-out on territory of other States and on high seas — Whether tests lawful — Whether absolute responsibility for damage caused

State territory — Nature of territorial sovereignty — Atmospheric nuclear tests causing deposit of radio-active fall-out on territory of other States — Whether an infringement of territorial sovereignty

Jurisdiction — High seas — Atmospheric nuclear tests causing deposit of radio-active fall-out on high seas — Prohibited zones set up on high seas — Whether lawful — Whether any one State having locus standi to claim

Disputes — International Court of Justice — Contentious jurisdiction — Competence — Stage at which jurisdiction should be considered — Competence to indicate interim measures of protection — Jurisdiction over new State

Disputes — International Court of Justice — Contentious jurisdiction — Procedure — Request for interim measures of protection — Requirement that request be a matter of urgency — Whether suggestion by requesting State that Court postpone consideration of the matter amounting to withdrawal of request — Jurisdiction of the Court — Appropriate stage at which to consider jurisdiction — Jurisdiction over new State — Duty to notify other parties to treaty allegedly providing the basis for jurisdiction — Presence of judge ad hoc

War and neutrality — Warfare on land — Occupation of enemy territory — Legislative, judicial and administrative functions of the occupant — Law applicable to partnership with seat in occupied territory — The law of the Federal Republic of Germany