International organizations — Immunity — Waiver — Whether submission to jurisdiction of English courts represented express waiver of immunity — Distinction between waiver of immunity from suit and waiver of immunity from legal process — Mareva injunction — Meaning of word “jurisdiction” — Interpretation of words and phrases where more than one possible meaning — Waiver of immunity not to be presumed — International Organizations Act 1968 — International Tin Council (Immunities and Privileges) Order 1972 — International Tin Council-United Kingdom Headquarters Agreement, 1972 — State Immunity Act 1978 — The law of England

International organizations — Immunity — Nature of immunity of international organizations — Whether comparable to State immunity — Waiver — Whether immunity can be waived by general anticipatory waiver in contract — International Tin Council — ITC-United Kingdom Headquarters Agreement, 1972 — International Tin Council (Immunities and Privileges) Order 1972

Relationship of international law and municipal law — Treaties — Interpretation by municipal courts — Reference to other treaties as aid to interpretation — Whether permissible — Practice of other States — Need for courts to keep in step with practice of other States — The law of England

International organizations — Personality — Concept of international legal personality — Whether international organization established by treaty a body corporate — Whether courts of a Member State possessing jurisdiction to wind up international organization — Whether winding up would be contrary to international law — International Tin Council — Immunity — Scope and extent — Exception to immunity in respect of proceedings for enforcement of an arbitration award — Whether exception extending to petition to wind up organization for failing to satisfy arbitration award — ITC-United Kingdom Headquarters Agreement, 1972 — International Tin Council (Immunities and Privileges) Order 1972

Relationship of international law and municipal law — Treaties — Application — By municipal courts — Superior status of national legislation — Treaties as aid to interpretation of legislation — Whether municipal court may enforce obligations of States derived from treaty — Whether rights and duties of parties to treaty establishing international organization justiciable in the courts of a State party to the treaty — The law of England

International organizations — Personality — Concept of international legal personality — Rights of organization against members — Whether justiciable in a municipal court — Whether creditor entitled to the appointment of a receiver by way of equitable execution over assets of organization — Assets of organization said to include right of organization to be indemnified by its members — Sixth International Tin Agreement, 1982 — International Tin Council-United Kingdom Headquarters Agreement, 1972 — International Tin Council (Immunities and Privileges) Order 1972

Relationship between international law and municipal law — Treaties — Application — By municipal courts — Whether rights and duties of parties to treaty establishing international organization justiciable in the courts of a State party to the treaty — The law of England

International organizations — Personality — Concept of international legal personality — Whether excluding liability of members for obligations incurred by the organization — Differences between constitutions of different international organizations — Sixth International Tin Agreement, 1982 — Legal personality of international organizations in English law — International Organizations Act 1968 — International Tin Council-United Kingdom Headquarters Agreement, 1972 — International Tin Council (Immunities and Privileges) Order 1972 — Provision that Council should have the legal capacities of a body corporate — Whether equivalent to conferring status of a body corporate for certain purposes — Whether excluding liability of members for obligations incurred by the Council — Nature of contracts concluded by Council — Whether Council acting as agent for its members

International organizations — Constitutions — International Tin Council — Whether Council controlled by representatives of its members — Whether Council thus acts as agent for its members — Terms of contracts concluded by Council

International organizations — Immunity — Jurisdictional immunity — Scope and extent — Whether members of organization benefit from provisions of municipal law conferring immunity upon organization

State immunity — Jurisdictional immunity — Burden of proof — Whether plaintiff required to prove that State not entitled to immunity — Standard of proof — State Immunity Act 1978

Relationship of international law and municipal law — Treaties — Application by municipal courts — Whether municipal court may enforce obligations of States derived from treaty — Whether rights and duties of parties to treaty establishing international organization justiciable in the courts of one of them — Whether treaty capable of conferring private rights — Act of State and justiciability — The law of England

International organizations — Immunity — Inviolability of archives — Definition of archives — Whether documents relating to commercial activities of organization included — Extent of inviolability — Whether capable of precluding use of archive material in action between private parties in court — Whether extending to documents already in public domain — Documents emanating from international organization but communicated to members — Documents disclosed by officers or employees of organization — Whether authority of officer or employee significant — Juan Ysmael principle — Whether applicable to claim of inviolability in respect of documents — Whether organization must do more than show a prima facie case — International Tin Council (Immunities and Privileges) Order 1972 — International Tin Council-United Kingdom Headquarters Agreement, 1972

International organizations — officials — Authority to act on behalf of organization — Ostensible authority — Scope — Whether official authorized to approach persons on a particular subject authorized to communicate documents

International organizations — Personality — Whether organization a person distinct from its members for purposes of conduct of its own affairs — Documents — Whether document communicated by organization to member ceases to be property of organization — Sixth International Tin Agreement, 1982

Diplomatic relations — Immunity — Inviolability of archives — Comparison between rules relating to archives of a diplomatic mission and rules relating to archives of an international organization — Vienna Convention on Diplomatic Relations, 1961 — Diplomatic Privileges Act 1963 — International Organizations Act 1968 — The law of England

International organizations — Personality — Concept of international legal personality — Personality in municipal law — International Tin Council — Whether a body corporate in English law — Legislation conferring upon Council the “legal capacities” of a body corporate — Jurisdiction to make an order requiring officer of body corporate to be examined — Whether applicable to Council

International organizations — Immunity — Attachment and execution — Whether assets of organization liable to attachment to satisfy judgment — Discovery of assets — Whether court possessing jurisdiction to require officer of organization to answer questions regarding location and extent of organization’s assets — officials — Immunity — Whether as extensive as that of diplomats — Executive Chairman of International Tin Council — Other officers of Council — International Tin Council (Immunities and Privileges) Order 1972 — The law of England

Human rights — Torture, inhuman and degrading treatment — Whether contrary to customary international law — Whether customary international law now prohibits violations of human rights principles committed by a State against its own nationals

Jurisdiction — Extraterritorial — For breaches of international law — Alien Tort Claims Act — Jurisdiction of United States courts for torts against the law of nations committed against aliens — Extent of jurisdiction — Whether extending to State’s treatment of its own nationals — Torture — Unauthorized acts of torture committed by State official — Whether a violation of international law

Relationship of international law and municipal law — Act of State and justiciability — Extent of United States act of State doctrine — Whether applicable to acts in violation of international law — Torture — Whether applicable to unauthorized acts of State official — Effect of doctrine on award of damages

Sources of international law — General — State practice — Treaties — Writings of publicists — Judicial decisions — Evolution of international law over two centuries

Damages — Principles on which damages awarded — Punitive damages — Action by relatives of deceased person against police officer of foreign State — Defendant found to have tortured deceased to death — Whether award of punitive damages appropriate — The law of the United States

Jurisdiction — Extraterritorial — For breaches of international law — Alien Tort Claims Act — Jurisdiction of United States courts for torts against the law of nations committed against aliens — Extent of jurisdiction — Whether jurisdiction extending to violation of any rule of international law — Whether rule must be clearly established — Whether rule must have been recognized by United States — Terrorism — Torture — Whether jurisdiction extends to acts committed by non-State actors — Palestine Liberation Organization — Whether Alien Tort Claims Act creates cause of action — Federal question jurisdiction — Whether extending to breaches of international law

Relationship of international law and municipal law — Act of State and justiciability — Extent of United States act of State and political question doctrines — Whether applicable to acts in violation of international law — Torture — Terrorism — Duty of courts to respect executive responsibility for foreign relations — Whether exercise of jurisdiction by courts likely to embarrass the executive — Principle that courts and executive should speak with one voice

Sources of international law — State practice — Requirement of consistency — Terrorism — Whether international law contains general prohibition of terrorism — Inconsistent attitudes of States — Writings of publicists — Whether municipal court should rely upon writings as a source of international law — Court not to be a debating forum for writers on international law

States — Subjects of international law — Distinction between States and non-State actors — Palestine Liberation Organization — Status in international law — Whether international law applicable to Palestine Liberation Organization — Whether international law prohibition of torture applies to torture perpetrated by Palestine Liberation Organization

War and armed conflict — Terrorism — Whether contrary to international law — Activities of Palestine Liberation Organization — Whether subject to the laws of armed conflict — The law of the United States

Diplomatic relations — Diplomats — Inviolability — General principles regarding — Vienna Convention on Diplomatic Relations, 1961 — Convention on the Protection and Punishment of Crimes against Internationally Protected Persons, 1973 — Abduction, imprisonment and alleged ill-treatment of diplomat — Swedish diplomat accredited to the Government of Hungary — Arrest by officials of Soviet Union on Soviet invasion of Hungary during Second World War

Jurisdiction — Extraterritorial — For breaches of international law — Alien Tort Claims Act — Jurisdiction of United States courts for torts against the law of nations committed against aliens — Extent of jurisdiction — Relation to the Foreign Sovereign Immunities Act 1976

Relationship of international law and municipal law — Act of State and justiciability — Extent of United States act of State doctrine — Whether applicable to acts in violation of international law — Rules of international law which are clearly defined and of long standing — Importance of manageable judicial standards — Risk of courts embarrassing the executive

State immunity — Jurisdictional immunity — Whether State immunity must be pleaded by defendant State — Whether judgment in default of defence may be entered against State which declines to appear before court but asserts immunity in diplomatic correspondence — Whether State immune from action for violation of international law — Waiver — Whether State waives immunity from action for breach of certain principles of international law by becoming party to treaties incorporating those principles — The law of the United States

Jurisdiction — Extraterritorial — Interpretation of legislation creating criminal offence — Presumption against extraterritorial effect — Presumption that acts committed by foreign nationals outside England not intended to be offences in English law — Strength of presumptions — Acts performed on aircraft during flight to England but before entering United Kingdom airspace — The law of England

Jurisdiction — Personal — Crimes committed by British subjects on foreign ship on the high seas — Whether within the jurisdiction of the English courts — Definition of crime by reference to territory — Merchant Shipping Act 1894, Section 686(1) — Whether passengers persons “belonging” to ship

Sea — High seas — Jurisdiction — Crimes committed by British subjects on Danish ship — Whether triable in England — The law of England

Sea — Territorial sea — Status — United Kingdom territorial sea and sea bed — Whether incorporated into the United Kingdom — Whether part of Great Britain for purposes of national legislation regarding petroleum rights — Oil and natural gas deposits — Rights in respect of — Effect of grant of mine and mineral rights — Whether rights revested in Crown by subsequent legislation regarding petroleum — Petroleum (Production) Act 1934 — Territorial Waters Order in Council 1964

Sea — Continental Shelf — Mineral deposits in sea bed — Whether vested in Crown — Effect of Continental Shelf Act 1964 — Purpose of Act to give effect in municipal law to Geneva Convention on the Continental Shelf, 1958

Relationship of international law and municipal law — Treaties — Geneva Convention on the Territorial Sea and the Contiguous Zone, 1958 — Geneva Convention on the Continental Shelf, 1958 — Effect in municipal law — Purpose of implementing legislation

Expropriation — National safeguards — Presumption that Parliament does not intend to expropriate without compensation — When rebutted — The law of England

Economics, trade and finance — International Monetary Fund — Bretton Woods Agreement, 1945 — Article VIII(2)(b) — Application by municipal courts — Definition of “exchange contract” — Duty of court to raise proprio motu question whether contract violates international agreement

Relationship of international law and municipal law — Treaties — Application by national courts — The law of England

Jurisdiction — Executive — Consequences of illegal arrest — Defendant illegally seized in foreign country and returned to New Zealand — Whether circumstances of return to New Zealand deprives New Zealand courts of jurisdiction — Whether discretion to discharge the defendant

Extradition — Conditions — Return of fugitive offender other than by extradition — Disguised extradition — The law of New Zealand

Jurisdiction — Executive — Consequences of illegal arrest — Defendant detained in foreign country and returned to England — No attempt at extradition — Whether deportation from foreign country a disguised form of extradition — Whether circumstances of defendant’s return to England deprives English courts of jurisdiction — Whether courts possess discretion not to hear charges against defendant

Extradition — Conditions — Return of fugitive offender other than by extradition — Disguised extradition — The law of England

Jurisdiction — Executive — Consequences of illegal arrest — Defendant wanted by police in England — Defendant detained in foreign State as illegal immigrant — Deportation to England — Whether disguised extradition — Whether authorities in foreign State acting at request of English police — Jurisdiction of English courts

Extradition — Conditions — Return of fugitive offender other than by extradition — The law of England

Jurisdiction — Executive — Consequences of illegal arrest — Defendant wanted by police in England — Defendant detained in foreign State with which United Kingdom has no extradition treaty — Deportation to England in violation of law of deporting State — Whether disguised extradition — Whether authorities in foreign State acting at request of English police — Whether behaviour of English police improper — Jurisdiction of English courts — Whether circumstances of defendant’s return to England deprives courts of jurisdiction to try him — Discretion of court

Extradition — Conditions — Return of fugitive offender other than by extradition — Whether disguised extradition — The law of England

Relationship of international law and municipal law — Treaties — Effect in municipal law — Whether creating rights enforceable by individuals — Relevance of treaty as an aid to the interpretation of legislation — Convention for the Extension of Hong Kong, 1898 — Provisions regarding land tenure and respect for the law

Treaties — Application — By municipal courts — Whether treaty provisions give rise to rights enforceable by individuals — The law of Hong Kong