Arbitration — Enforcement of award — Award by Iran — United States Claims Tribunal — Action for enforcement in municipal courts — New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958, Article V — Conditions for refusal of enforcement — Burden of proof — Requirement that award be based upon written arbitration agreement between parties — Iran-United States Algiers Accords, 1981 — Whether constituting written arbitration agreement between United States claimant and Iran — Decision turning on whether the President of the United States acting on behalf of United States nationals when signing Accords — Requirement that award of tribunal not exceed scope of dispute submitted to arbitration — Whether requirement that award be based on the national law of a signatory to the Convention

Claims — State control over private claims — Effect of inter-State agreement — Iran-United States Algiers Accords, 1981 — Executive order issued by President of United States implementing Accords — Order suspending existing claims by United States nationals against Iran in United States courts and referring such claims to Iran-United States Claims Tribunal — Whether President having power to refer claims of United States nationals to Tribunal

Economics, trade and finance — Export embargo — Legislative ban on arms sales to Iran — Award of Iran-United States Claims Tribunal requiring United States corporation to deliver military equipment to Iran — Whether award enforceable by United States court — Opinion of the United States Executive — Significance

International tribunals — Iran-United States Claims Tribunal — Awards — Whether award of Claims Tribunal enforceable under New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 — Procedure — Failure by claimant to amend pleadings so as to reflect final submission to Claims Tribunal — Claims Tribunal basing its award on claimant' s final submission — Whether failure to amend pleading constituting ground for refusal to enforce award under New York Convention

Treaties — Interpretation — Objects and purposes — New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 — The law of the United States

Territory — Trust territory — Nature of relationship between trust territory and administering authority — Trust territory of the Pacific Islands — Whether government of trust territory an agency of the United States — Whether existence of trust territory founded upon legislation enacted by administering authority or upon Trust created by United Nations

Jurisdiction — Extraterritorial — Extraterritorial effect of legislation — Application to trust territory — Whether legislation enacted by administering authority for the benefit of its own citizens automatically applicable to trust territory — Whether requirement of specific legislative intent

International organizations — United Nations — Trusteeship system — Nature and purpose of trusteeship — Preparing inhabitants of trust territory for self-government — Relationship between United Nations, administering authority and trust territory

Treaties — Interpretation — Object and purposes — Trusteeship agreements — Whether permitting all legislation enacted by administering authority for its own citizens to be applied to trust territory — Trusteeship Agreement for the Former Japanese Mandated Islands, 1947 — The law of the United States

Jurisdiction — Extraterritorial — Extraterritorial effect of legislation — Whether all legislation enacted by United States Congress automatically applicable to trust territory — Whether requirement of specific legislative intent — Trust Territory of the Pacific Islands — Trust Territory Government located in self-governing Commonwealth of the Northern Mariana Islands — Covenant between United States and Commonwealth automatically applying United States laws to the Commonwealth — Whether federal civil rights legislation applicable to Trust Territory Government

State immunity — Trust territory — Whether immune from jurisdiction of courts of administering authority — Whether possessing sovereignty — Trust Territory of the Pacific Islands — Quasi-sovereign entity — Effect of enactments by United States Congress — Action concerning employment discrimination against Trust Territory Government — Whether United States Federal Court having jurisdiction — Whether Trusteeship Agreement conferring jurisdiction

Territory — Trust territory — Sovereignty over trust territories — Trust Territory of the Pacific Islands — Division into four self-governing areas — Whether Trust Territory Government retaining sovereignty following granting of self-government

Relationship of international law and municipal law — Treaties — Whether granting private rights of action — Trusteeship Agreement for the Former Japanese Mandated Islands, 1947 — Whether granting private rights of action for monetary damages

Treaties — Interpretation — Ordinary meaning of words — Object and purpose — The law of the United States

Governments — Change of government — Effects — Change of government effected by unlawful or questionable means — New regime not recognized by neighbouring State — Control of State assets located abroad — Assets located in State not recognizing new regime — Panama — Ownership of Panamanian assets in United States

Recognition — Governments — Effect of recognition and non-recognition — Effects in law of recognizing State — Whether unrecognized government has standing to intervene in case — Dispute between recognized and unrecognized government over ownership of State assets abroad

Relationship of international law and municipal law — Conduct of foreign relations — Conclusiveness of recognition of foreign government by Executive — Political question doctrine

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 act of foreign State performed within jurisdiction of foreign State — Head of foreign government appointing managerial personnel to State-owned national airline — Whether inquiry into legitimacy of appointments permitted under act of State doctrine

Relationship of international law and municipal law — Treaties — Effect in municipal law — Whether conferring rights upon individuals — United Nations Charter, 1946 — Charter of the Organization of American States, 1948 — The law of the United States

State responsibility — Acts and omissions of State organs and officials — Executive action — United States military intervention in Panama — Subsequent looting of property — Whether United States liable to Panamanian nationals for failure to protect their interests — Hague Convention Respecting the Laws and Customs of War on Land, 1907 — Federal Tort Claims Act — Alien Tort Claims Act

War and armed conflict — Enforcement of the laws of war — Hague Convention Respecting the Laws and Customs of War on Land, 1907 — Whether creating private right of action in municipal courts — Civil action for alleged breach of treaty — Occupation — Duties of occupying power — Requirement to provide adequate police protection — Whether Convention creating private right of action in respect of alleged failure by occupying power to provide adequate police protection — Whether United States an occupying power in Panama

Jurisdiction — Extraterritorial — For breaches of international law — Alleged violation of Hague Convention Respecting the Laws and Customs of War on Land, 1907 — Jurisdiction of the United States court under the Alien Tort Statute and Federal Tort Claims Act

Relationship of international law and municipal law — Treaties — Whether creating private right of action — Criteria for determining whether Treaty self-executing

Treaties — Application by municipal courts — Whether treaties creating private right of action — The law of the United States

Governments — Change of government — Effects — Change of government affected by unlawful and questionable means — Whether new government bound by contractual obligations of prior government — Sudan — Whether military government established by coup d'état bound by obligations of prior civilian government

State succession — In general — Distinction between change of State and change of government — Change of government by unconstitutional means — Rights and obligations of successor — Contractual obligations — Whether successor bound by contractual obligations of prior sovereign — Sudan — Whether military government established by coup d'état constituting successor State — The law of the United States

States — Definition of State — Attributes of Statehood — Territory — Population — Government — Capacity to enter into foreign relations — Palestine Liberation Organization (“PLO”) — Whether possessing attributes of Statehood — Significance of declaration of Statehood by PLO — Significance of recognition by other States

State immunity — Jurisdictional immunity — Entitlement to immunity — PLO — Whether entitled to State immunity — Decision turning on whether PLO constituting State under international law — Foreign Sovereign Immunities Act 1976

Recognition — States — Effect of recognition — Effects in law of recognizing State — PLO — Non-recognition by the United States — Whether PLO immune from jurisdiction of United States courts due to non-recognition

Territory — State territory — Nature of territorial sovereignty — Headquarters of international organization situated within territory of State — Relationship between organization and territorial sovereign — United Nations Headquarters — Whether under sovereignty of United States — Agreement between United States and United Nations regarding the Headquarters of the United Nations, 1947

Relationship of international law and municipal law — Conduct of foreign relations — Justiciability of foreign relations questions — Political question doctrine — Criteria for determining application of — Terrorism — PLO — Action in tort brought by United States national alleging involvement of PLO in act of terrorism committed abroad — Whether justiciable

International organizations — Immunity — United Nations — Representatives accredited to international organization — Immunity from jurisdiction — Whether extending to Permanent Observers — United Nations-United States Headquarters Agreement, 1947 — Whether Headquarters Agreement conferring immunity from jurisdiction on PLO mission

Jurisdiction — Personal jurisdiction — Tort committed abroad by foreign entity — Jurisdictional requirement of forum State that foreign entity having sufficient presence within State — “Doing business” test — Action in tort brought against PLO with regard to commission of terrorist offences abroad — PLO Observer Mission at the United Nations — Whether activities undertaken by Observer Mission constituting basis for jurisdiction under “doing business” test — New York Long-Arm Statute — The law of the United States

States — Definition of State — Attributes of Statehood — Territory — Population — Government — Capacity to enter into foreign relations — Taiwan — Whether possessing attributes of Statehood — Significance of non-recognition by other States

Governments — Recognition — Effect of non-recognition — Taiwan — Withdrawal of recognition by United States — Whether withdrawal of recognition causing existing treaties between United States and Taiwan to terminate

Treaties — Termination — Severance of diplomatic relations — Whether withdrawal of diplomatic relations automatically terminating treaty — Taiwan–United States Friendship, Commerce and Navigation Treaty, 1946 — United States severing diplomatic relations with Taiwan — Whether causing termination of treaty — Significance of views of the Executive

Relationship of international law and municipal law — Conduct of foreign relations — Role of the Executive, Senate and the courts — Treaties — Determination as to whether treaty still in force — Whether determination to be made by Executive or courts — Amendments to treaties — Constitutional requirement that treaty amendments requiring Senate approval — Whether change of name of party to treaty constituting an amendment — Taiwan Relations Act

Economics, trade and finance — Bilateral commercial treaties — Taiwan–United States Friendship, Commerce and Navigation Treaty, 1946 — The law of the United States

Recognition — Governments — Access by governments to foreign municipal courts — Whether formal recognition of government necessary — Liberia — Civil war — National Patriotic Reconstruction Assembly Government and Interim Government for National Unity — Both entities claiming to be lawful government of Liberia — Neither entity recognized by United States — Whether either entity permitted to bring suit in the United States Federal Courts — Statement by State Department that Interim Government for National Unity should have access to municipal courts — Significance of needs of Executive in conduct of foreign relations

Governments — Change of government — Effects — Whether affecting sovereignty and rights of State — Liberia — Property belonging to Liberia held by third party — Whether Liberia's right to property affected by a change of government following civil war

Relationship of international law and municipal law — Conduct of foreign relations — Recognition of foreign governments — Conclusiveness of recognition by the Executive — Political question doctrine — The law of the United States

Treaties — Application by municipal courts — Interpretation — Statements made by United States Executive to Senate prior to ratification of treaty — Whether constituting interpretation of treaty — Regulation issued by United States Executive implementing treaty obligation — Whether constituting interpretation of treaty — Extent to which United States Courts bound by Executive's interpretation of treaties — Whether treaty conferring rights on individuals — Iceland-United States Treaty to Facilitate their Defence Relationship, 1986

Treaties Conclusion — Process of ratification — Role of Legislature — Statements made by United States Executive to the Senate prior to ratification — Whether constituting interpretation of treaty

Treaties — Interpretation — Principles of interpretation — Ordinary meaning of words — The law of the United States

State succession — Treaties — Extradition Treaty — Whether newly-independent State succeeding to rights and obligations under Extradition Treaty — Denmark-United States Extradition Treaty, 1902 — Whether Iceland becoming party to Extradition Treaty on independence — Significance of the views of the United States and Icelandic Governments — Termination of Treaty between Denmark and the United States — Significance

Treaties — Duration — State succession — Extradition Treaty — Whether binding upon newly-independent State — Termination of treaty by former colonial power subsequent to granting of independence to newly-independent State — Effect

Extradition — Conditions — Allegations that accused would be mistreated if extradited — Whether matter for Executive or courts

Relationship of international law and municipal law — Conduct of foreign relations — Role of the Executive and the courts — Treaties — Determination as to whether treaty in force with foreign State — Whether determination to be made by the Executive or the courts — The law of the United States

State succession — Treaties — Extradition treaty — Whether newly-independent State succeeding to rights and obligations under extradition treaty — United Kingdom-United States Extradition Treaty, 1931 — Extradition request from the Commonwealth of the Bahamas to the United States — Exchange of Notes between the Commonwealth of the Bahamas and the United States of America, 1978 — Whether sufficient for continued effect of Treaty — Significance of subsequent termination of Treaty between the United Kingdom and the United States

Relationship of international law and municipal law — Conduct of foreign relations — Treaties — Determination as to whether treaty in force with foreign State — Whether matter for Executive or the courts — Requirement that Senate approve treaties — United Kingdom-United States Extradition Treaty, 1931 — Exchange of Notes between the Bahamas and the United States purporting to give continued effect to Extradition Treaty — Whether Note requiring advice and consent of United States Senate

Treaties — Duration — State succession — Extradition treaty — Whether binding upon newly-independent State — Whether exchange of Notes between newly-independent State and other party to treaty sufficient to continue treaty in force — The law of the United States

Air — Civil air transport — Liability of international air carriers for accidents to passengers — Whether absolute — Definition of “accident” — Whether describing cause, or event of injury to passenger — Warsaw Convention, 1929, Article 17

Treaties — Interpretation — Bilingual treaties — Interpretation of English version of treaty by reference to French version — Use of foreign language dictionaries — Recourse to travaux préparatoires — Comparison of treaty provision with other provisions of same treaty — Reference to other treaties — National court decisions of other treaty signatories — Subsequent conduct of the parties — Warsaw Convention, 1929, Article 17

Relationship of international law and municipal law — Treaties — Application and interpretation by national courts — Reference to decisions of national courts in other States — The law of the United States

Relationship of international law and municipal law — Treaties — Effect in municipal law — United States — Treaties part of United States law — Act of Congress potentially in conflict with prior treaty obligation — Interpretation of statute — Presumption that Congress did not intend to legislate in a manner contrary to treaty obligations — Scope of presumption — Whether presumption applicable only when legislation having effect of abrogating Treaty — Presumption that Congress did not intend to legislate in a manner contrary to the law of nations — General Agreement on Tariffs and Trade — Canada-United States Free Trade Agreement — United States Poultry Protection Inspection Act

Relationship of international law and municipal law — Conduct of foreign relations — Role of the Executive and the courts — Executive branch having exclusive authority over the conduct of foreign affairs — Whether foreign affairs including foreign commerce

Economics, trade and finance — Multilateral trade agreements — Conflict with municipal legislation — Whether municipal legislation taking precedence — Whether multilateral trade agreements constituting part of the law of nations — General Agreement on Tariffs and Trade — Canada-United States Free Trade Agreement

Sources of international law — Multilateral trade agreements — Whether constituting part of the law of nations

Treaties — Whether prevailing over conflicting municipal legislation — The law of the United States

Economics, trade and finance — International trade — Anticompetitive practices — Price fixing — Agreements between producers outside the European Community to fix prices — Effect on the European Economic Community — Whether involving violation of Community competition law — European Economic Community Treaty, 1957, Article 85 — Organization for Economic Co-operation and Development Recommendation on Co-operation between States on Restrictive Practices affecting International Trade

Jurisdiction — Principles of — Whether international law conferring jurisdiction upon States or imposing limitations upon a jurisdiction derived from State sovereignty — Lotus principle — Territorial jurisdiction — Extent of territorial principle — Effects doctrine — Whether compatible with international law — Antitrust cases — Price fixing agreement concluded outside European Economic Community — Effects within Community — Acts inside Community in implementation of agreement — Whether parties to agreement violating Community law — Basis for Community to assert jurisdiction

Relationship of international law and municipal law — European Economic Community law — Relationship with international law — International law principles regarding jurisdiction of States — Whether applicable to European Economic Community

Treaties — Application — EEC-Finland Free Trade Agreement — Whether precluding application of Community competition law to Finnish undertakings — The law of the European Economic Community

International organizations — Personality — Concept of international legal personality — Whether organization a legal entity distinct from its members — Whether members liable for debts incurred by the organization — International Tin Council — Sixth International Tin Agreement, 1982 — Membership — Participation of European Economic Community — Distribution of votes in Council — Whether EEC institutions liable for failure to control conduct of ITC

Relationship of international law and municipal law — Act of State and non-justiciability — Conduct of foreign relations — Role of the courts — Judicial control of governmental acts in the field of foreign affairs — Laws of the Member States of the European Economic Community — Whether general principle of judicial restraint common to the laws of the Member States — Conduct of foreign relations by institutions of the Community — Whether subject to judicial review — Participation in treaty and international organization by the Community

Treaties — Parties — Competence to conclude treaties — European Economic Community — Distribution of treaty-making power between Community and Member States — Mixed agreements — Whether subject to judicial control by Court of Justice of the European Communities — The law of the European Economic Community

International organizations — Asian Development Bank — Officials — Terms and conditions of employment — Fixed-term appointment — Whether circumstances giving rise to legitimate expectation of permanent appointment — Unsatisfactory performance — Concept of due process — Whether Bank reaching decision by proper processes — Review by Tribunal

International tribunals — Asian Development Bank Administrative Tribunal — Judicial body — Basis of jurisdiction — Compétence de la compétence — Article II(1) of Statute of Admininstrative Tribunal — Principal rules of law — Reviewability of decision — Whether due process — Tribunal not to substitute own discretion for that of Bank — Remedies — Compensation

Arbitration — Agreement between State corporation and foreign corporation containing arbitration clause — Arbitration as the sole means of settling disputes — Effect of Iranian legislation seeking to override arbitration clause — Applicability of Iranian law excluded by the Agreement — Competence of the arbitrator to determine his own competence — Severability of the arbitration clause

Relationship of international law and municipal law — Agreement between State corporation and foreign corporation — Applicability of considerations of equity and generally recognized principles of law and, in particular, international law — Exclusion of law of contracting State

Remedies — Requirement of exhaustion of local remedies — Whether applicable to contract containing an arbitration clause

Treaties — Termination — Severance of diplomatic relations — Effect on bilateral treaties — Whether Treaty terminated or rendered inapplicable by severance of diplomatic relations between parties — Decision turning on whether maintenance of diplomatic relations indispensable to application of Treaty — Vienna Convention on the Law of Treaties, 1969, Article 63

Treaties — Termination — Supervening impossibility of performance — Bilateral treaties — Burundi–Libya Technical Co-operation Agreement, 1973 — Burundi-Libya Agreement establishing Economic Development Corporation, 1975 — Burundi preventing Libyan personnel from participating in activities of Economic Development Corporation — Whether Agreement terminated due to supervening impossibility of performance — Decision turning on whether measures taken by Burundi constituting breach of Agreement — Vienna Convention on the Law of Treaties, 1969, Article 61

Aliens — Expulsion — Discretion of host State to order expulsion of aliens from its territory — Limits of discretion — Minimum international standards — Requirement that State establish factual grounds giving reasonable cause for expulsion — Collective expulsion — Whether unlawful under international law — Whether presumption that collective expulsion violating minimum standards — Simultaneous expulsion by host State of aliens and diplomatic officials of same nationality — Whether provisions governing expulsion of diplomatic officials applicable to aliens — Burundi expelling all Libyan nationals on its territory on grounds of national security — Failure by Burundi to make any prior investigation as to whether expelled aliens causing threat to national security — Whether violating minimum standards

Economics, trade and finance — Economic development corporation established by inter-State agreement — Rights of shareholders — Agreement between Libya and Burundi establishing joint economic development corporation for purpose of investing in the economy of Burundi — Agreement prohibiting signatories from taking any measures violating the rights of shareholders in corporation — Burundi expelling key Libyan officials of development corporation and prohibiting all Libyan nationals from entering its territory — Whether constituting violation of Libyan shareholders' rights and thereby a violation of Agreement

International organizations — Legal status — joint economic development corporation established by bilateral Agreement — Agreement between Libya and Burundi establishing joint economic development corporation for the purpose of investing in the economy of Burundi — Whether joint economic development corporation a public international body — Effect on corporation of severance of diplomatic relations between signatories to Agreement — Libyan Arab-Burundi holding company

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 — Necessity — Agreement between Burundi and Libya establishing joint economic development corporation for purpose of investing in the economy of Burundi — Agreement prohibiting signatories from taking any measures violating the rights of shareholders in corporation — Burundi breaching Agreement by denying Libyan shareholder access to development corporation — Whether Burundi allowed to invoke force majeure and necessity — International Law Commission Draft Articles on State Responsibility

State responsibility — For injury to aliens — Duty to protect aliens — Prohibition against arbitrary expulsion

Diplomatic relations — Severance — Legal effect — Severance of diplomatic relations by receiving State — Whether severance of diplomatic relations providing grounds for terminating Treaty between receiving and sending State — Vienna Convention on the Law of Treaties, 1969, Article 63

Diplomatic relations — Expulsion of diplomatic officials — Whether receiving State permitted arbitrarily to expel diplomatic officials — Vienna Convention on Diplomatic Relations, 1961, Article 9

Treaties — Interpretation — Rules of interpretation — Ordinary meaning of words — Context — Travaux préparatoires — Vienna Convention on the Law of Treaties, 1969

Claims — Breach of Treaty — Remedies — Waiver of remedy — Claimant State waiving right to claim for restitutio in integrum — Damage — Non-material damage to State — Whether satisfaction only remedy — Whether award of monetary compensation possible — Claim brought by State on behalf of nationals unlawfully expelled from territory of foreign State

Damages — Losses for which damage recoverable — Non-material damage — Non-material damage to States — Violation of solemn obligation — Insult — Whether award of monetary compensation available as remedy — Non-material damage to individuals — Unlawful expulsion — Loss of reputation and honour — Whether award of monetary compensation available as remedy

Damages — Measure of damages — Breach of inter-State agreement establishing joint economic development corporation — Damnum emergens and lucrum cessans — Net asset value of corporation at time of unlawful act causing breach of agreement — Interest — Rate of interest — Date from which interest payable — Legal costs Sources of international law — Customary international law — Draft Articles of International Law Commission as statement of customary international law — International Law Commission Draft Articles on State Responsibility

Arbitration — Ad hoc international arbitration — Applicable law — Powers of tribunal — Procedure — Whether parties permitted to raise new ground at oral stage of proceedings — Arbitration Tribunal established by agreement between Burundi and the Libyan Arab Foreign Investment Company to hear dispute concerning bilateral agreement establishing Libyan Arab-Burundi Holding Company