Air — Hijacking — Conviction under municipal legislation — Sri Lanka Offences Against Aircraft Act 1982 — Statute enacted to fulfil international obligations — Convention on Offences and Certain Other Acts Committed on Board Aircraft, 1963 — Convention for the Suppression of Unlawful Seizure of Aircraft, 1970 — Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, 1971 — Whether conviction under statute enacted after offences committed lawful — Whether permissible for domestic legislation to have retroactive effect where offence already recognized as a crime by the community of nations

Jurisdiction — Nationality principle — Whether courts of State of nationality have jurisdiction over offences committed outside that State on board foreign aircraft — The law of Sri Lanka

Extradition — Procedure and evidence — Importance of compliance with technical and procedural requirements of extradition treaty — Time-limits — Court entitled to look to substance rather than strict formality — Evidence — Prima facie case — Photographic evidence — United Kingdom-United States Extradition Treaty, 1972 — The law of Hong Kong

Relationship of international law and municipal law — Conduct of foreign relations — Treaty-making power — United Kingdom — Treaties concluded under the royal prerogative — Whether subject to judicial review — Anglo-Irish Agreement, 1985

Territory — Northern Ireland — Relations with the Republic of Ireland — Anglo-Irish Agreement, 1985 — Creation of Intergovernmental Conference — Recognition of status of Northern Ireland — Right of Government of Republic of Ireland to make representations regarding Northern Ireland — Whether affecting status of Northern Ireland as part of the United Kingdom

Treaties — Effect in municipal law — Anglo-Irish Agreement, 1985 — Whether altering rights of population of Northern Ireland — Whether affecting powers of Secretary of State for Northern Ireland — The law of England

Relationship of international law and municipal law — Conduct of foreign relations — Treaty-making power — Ireland — Constitution of Ireland — Whether exercise of treaty-making power subject to judicial review — Deference due to political judgments of the Executive — Anglo-Irish Agreement, 1985 — Whether contrary to Constitution of Ireland

Territory — Northern Ireland — Relations with the Republic of Ireland — Anglo-Irish Agreement, 1985 — Creation of Intergovernmental Conference — Recognition of status of Northern Ireland — Right of Government of Republic of Ireland to make representations regarding Northern Ireland — Whether affecting status of Northern Ireland as part of the United Kingdom — Whether precluding Government of Ireland laying claim to territory of Northern Ireland — Whether Agreement contrary to Constitution of Ireland

Treaties — Effect in municipal law — Anglo-Irish Agreement, 1985 — Effect on rights of population of Republic of Ireland — Whether altering rights of population of Northern Ireland — Whether restricting freedom of Government of Ireland — The law of Ireland

Aliens — Refugees — Refugee status — Geneva Convention Relating to the Status of Refugees, 1951 — Political asylum — United Kingdom Immigration Rules — Interpretation — Well-founded fear of “persecution” — Effect of allegation of injurious action and oppression — The law of England

Air — Carriage of passengers — International conventions — Warsaw Convention, 1929 — Hague Convention, 1955 — Applicability to contract for carriage to be performed wholly within one State — British passenger killed on internal flight in Bangladesh — Damages — Limitation — Whether United Kingdom or Bangladesh rules applicable

Jurisdiction — Extraterritorial — Presumption against extraterritorial application of laws — Legislation passed to give effect to international conventions — Whether presumption applicable — United Kingdom legislation regarding limitation of damages in case of fatal air accident — Whether applicable in case of British passenger killed on internal flight in Bangladesh

Relationship of international law and municipal law — Treaties — Effect in domestic law — National legislation implementing treaties — Presumption against extraterritorial application

Treaties — Effects in municipal law — National legislation implementing treaties — United Kingdom legislation implementing Warsaw Convention, 1929, and Hague Convention, 1955 — The law of England

Extradition — Jurisdiction — Requirement that offence for which extradition sought be within the jurisdiction of the requesting State — Fraud — Attempt to obtain property by deception — Property would not have been obtained in territory of requesting State — Procedure — Requirement that details of offences be set out — Whether applicable to order from Secretary of State to Magistrate — Whether sufficient that details of offences given at later stage

Jurisdiction — Territorial — Fraud — Attempt to obtain property by deception in transnational transaction — Place in which payment expected — Jurisdiction to try offence — Extradition proceedings — The law of England

State immunity — Enforcement and execution — Property of foreign State — Immunity from attachment — Mareva injunction restraining State from dealing with property pending decision of the court — Waiver of immunity — Whether sufficient to waive immunity from injunctive relief — State Immunity Act 1978, Section 13

Diplomatic relations — Immunity — Embassy property — Immunity from execution — Mareva injunction — Whether court may grant Mareva injunction in respect of property needed for functioning of diplomatic mission — Waiver — Whether waiver must be made in court — Vienna Convention on Diplomatic Relations, 1961, Articles 22 and 30 — Diplomatic Privileges Act 1964 — The law of England

Human rights — Freedom of expression — Freedom of religion — Blasphemy — Offence of blasphemy applicable only to attacks upon Christian religion — Whether restriction involving violation of freedom of other religions — Attack upon Islamic religion — The Satanic Verses — The law of England

Aliens — Refugees — Criteria for grant of refugee status — Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967 — Well-founded fear of persecution — Whether requirement that fear be based upon objective facts — Implementation — Immigration and Nationality Act 1952 — The law of the United States

War and armed conflict — Prisoners of war — Entitlement to prisoner of war status — Application of laws of armed conflict — Geneva Convention Relative to the Treatment of Prisoners of War, 1949 — Whether applicable to situations arising within a State — First Additional Protocol to the Geneva Conventions, 1977 — Wars of national liberation — Puerto Rico — Whether Protocol I applicable — Protocol I not binding on the United States — Defendant not asserting membership of liberation movement

Relationship between international law and municipal law — Treaties — United States Constitution, Ninth Amendment — Whether incorporating international laws of war into United States law — Whether including rules contained in treaty to which the United States not a party — First Additional Protocol to the Geneva Conventions, 1977 — The law of the United States

Aliens — Exclusion — Right of State to exclude — Detention of excludable alien pending removal from State — Manner and length of detention — Human rights standards — Whether alien detained pending removal treated as lawfully present in State for purposes of Constitutional protection

Human rights — Detention — Excludable alien detained pending deportation — Whether length and manner of detention compatible with human rights standards — Human rights treaties as source of United States law

Relationship of international law and municipal law — Treaties — Human rights treaties — Whether forming part of United States law — Whether declaratory of rules of customary international law

Sources of international law — Treaties — Whether declaratory of custom — Human rights treaties — Treaty provisions regarding arbitrary detention — The law of the United States

Aliens — Refugees — Asylum — United Nations Protocol Relating to the Status of Refugees, 1967 — United States Immigration and Nationality Act 1952 — Refugee Act 1980 — Well-founded fear of persecution — Clear probability of persecution — Whether Refugee Act 1980 altering standard applicable to alien already in the United States seeking to resist deportation — Language and legislative history of the Refugee Act 1980 — Whether passed to give effect to the 1967 Protocol — The law of the United States

Aliens — Refugees — Refugee status — Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967 — Illegal immigrant — Deportation proceedings — Request for political asylum — Whether specific reason to fear persecution — Requirements of “clear probability” of persecution and “well-founded fear” of persecution — Immigration and Nationality Act 1952 — Refugee Act 1980 — The law of the United States

Aliens — Refugees — Refugee status — Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967 — Claim for asylum and prohibition of deportation based upon membership of a “particular social group” — Whether a cognizable “social group” — UNHCR Handbook on Procedures and Criteria for Determining Refugee Status — Guidance from — “Clear probability” of persecution and “well-founded fear” of persecution — Immigration and Nationality Act 1952 — Refugee Act 1980 — The law of the United States

Aliens — Refugees — Refugee status — Criteria for determination of refugee status — Well-founded fear of persecution — Standard of clear probability — Proof — Procedure to be followed — United States Immigration and Nationality Act 1952 — Refugee Act 1980 — Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967 — The law of the United States

Expropriation — Debts — Situs of debt — Certificate of deposit payable at any branch of bank worldwide — Deposit originally made with branch in Cuba by Cuban national — Whether debt sited in Cuba — Whether debt capable of having more than one situs

Relationship of international law and municipal law — Act of State and non-justiciability — United States act of State doctrine — Principle that United States courts will not question validity of expropriation by foreign State of property within that State’s territory — Situs of property expropriated — Debts — Hickenlooper Amendment — The law of the United States and of New York

State immunity — Jurisdictional immunity — Commercial activity exception — State corporation — Requirement of sufficient nexus between case and the United States — Whether sufficient that corporation doing business in the United States — Exception to immunity in cases of expropriation — United States Foreign Sovereign Immunities Act 1976 — The law of the United States

State immunity — Jurisdictional immunity — Waiver — Forum selection clauses — Commercial activity exception — State corporation — Action between two foreign corporations — Whether requirement of sufficient nexus between case and the United States — United States Foreign Sovereign Immunities Act 1976 — The law of the United States

Extradition — Procedure and evidence — Prima facie case — Admissibility of evidence submitted by requesting State — Reports submitted to juge d'instruction — Whether admissible in evidence — Succession in respect of extradition agreements

State succession — Treaties — Extradition treaty — Extradition Treaty between France and the United Kingdom — Application to Mauritius before independence — Whether continuing in force after independence of Mauritius — Whether formal acknowledgement of continued force by both States required — The law of Mauritius