War and armed conflict — Terrorism — Hostage-taking — Whether taking of hostages ever justifiable — Attempt to establish independent State in the South Molucca Islands — Supporters of independence hijacking train in the Netherlands to draw attention to their cause — The law of the Netherlands

Diplomatic relations — Immunity — Diplomatic staff — Whether diplomatic immunity a complete bar to the jurisdiction of the courts in proceedings instituted by or against diplomat — Proceedings brought by diplomat — Whether defendant may invoke diplomatic immunity of plaintiff as a bar to jurisdiction — Purpose of diplomatic immunity — The law of the Netherlands

Jurisdiction — Personal — Over nationals fishing on the high seas — Law adopted to give effect to obligations under the Convention on Fisheries in the North-East Atlantic Ocean, 1959

Sea — High seas — Fisheries — National legislation restricting amount of fish which may be caught — Netherlands Fisheries Act 1963 — Sea Fisheries Regulations 1973 — The law of the Netherlands

Jurisdiction — Personal — Over nationals fishing on the high seas — Whether such jurisdiction exists in the absence of an international agreement

Treaties — Termination — Unilateral denunciation — Convention on Fisheries in the North-East Atlantic Ocean, 1959 — Denunciation by the Netherlands — Legal effect — Whether affecting validity of municipal law implementing provisions of Convention

Sea — High seas — Fisheries — Restrictions on catch — Effect of denunciation of Convention by one Party — The law of the Netherlands

International organizations — United Nations — United Nations forces — United Nations Interim Force in Lebanon (“UNIFIL”) — Request by Secretary-General of United Nations to the Netherlands to contribute troops to UNIFIL — Military Service Act 1922 — Whether prohibiting deployment of conscripts as part of UNIFIL against their wishes — Whether use of Netherlands armed forces as part of UNIFIL contrary to Constitution of the Netherlands — The law of the Netherlands

Human rights — Fair trial — Rights of defence — Right of accused to be tried in his presence — Right of accused to defend himself — Judgment given in absentia — Whether prohibited — Due notification of trial — Imposition of death sentence — International Covenant on Civil and Political Rights, 1966, Article 14(3) — Arrest and detention — Accused arrested and detained without charge — Whether violation of freedom from arbitrary arrest — Enforcement and remedies — Amnesty decree — Whether an effective remedy for violation of rights

International tribunals — United Nations Human Rights Committee — Mandate — Whether competent to review decisions of national courts — Evidence required — International Covenant on Civil and Political Rights, 1966, Optional Protocol

Human rights — Torture, inhuman and degrading treatment — Conditions of imprisonment — Solitary confinement — Small cell without light — Confinement incommunicado — Fair trial — Legal representation — Choice of lawyer — Denial of access to lawyer — Time to prepare defence — Expulsion of accused's lawyer from State of trial — International Covenant on Civil and Political Rights, 1966, Articles 7, 10 and 14

International tribunals — United Nations Human Rights Committee — Individual petition — Burden of proof — Whether always resting upon petitioner — Duties of State party — International Covenant on Civil and Political Rights, Optional Protocol

Claims — Local remedies rule — Before human rights tribunal — Failure of respondent State to produce evidence to substantiate claim of failure to exhaust local remedies — United Nations Human Rights Committee

Human rights — Arrest and detention — Abduction — Torture, inhuman and degrading treatment — Fair trial — Trial held in camera — Defendant denied lawyer of own choice — Prisoners' rights — Censorship of correspondence — International Covenant on Civil and Political Rights, 1966, Articles 7, 10, 14 and 17

International tribunals — United Nations Human Rights Committee — Jurisdiction — Individual petition — Petitioner not a national of the respondent State — Whether complaint admissible — Events complained of allegedly occurring within territory of respondent State — International Covenant on Civil and Political Rights, 1966, Optional Protocol

Claims — Local remedies rule — Absence of effective remedies

Human rights — Fair trial — Right of appeal — Excluded by statute for proceedings before Constitutional Court relating to acts of ministers — International Covenant on Civil and Political Rights, 1966, Article 14(5) — Reservation by Italy regarding proceedings before Constitutional Court — Validity — Applicability — Enforcement and remedies — General right to a remedy — Optional Protocol, Article 2(3)

International Tribunals — United Nations Human Rights Committee — Jurisdiction — Whether competent to pronounce on constitutionality of municipal laws — Exclusion of jurisdiction in respect of matters already submitted to other international tribunals — Scope of exclusion

Treaties — Reservations — Human rights treaties — Italian reservation to International Covenant on Civil and Political Rights, 1966 — Validity — Interpretation — Whether narrow interpretation appropriate

Human rights — Freedom of movement — Passport — Refusal of State to issue passport to national resident abroad — Freedom to leave country — Nature of right — Whether imposing obligation on State of nationality to grant passport — Restrictions on freedom of movement — When justified — Issue of travel documents by State of residence — Whether relieving State of nationality of obligation to issue passport — Enforcement and remedies — International Covenant on Civil and Political Rights, 1966, Articles 12 and 19

International tribunals — United Nations Human Rights Committee — Jurisdiction — Individual petition — Requirement that petitioner be subject to the jurisdiction of the respondent State — National of respondent State resident abroad — Whether subject to jurisdiction of respondent State for these purposes — International Covenant on Civil and Political Rights, 1966, Optional Protocol

Nationality — Proof of — Passport — National resident abroad — Whether entitled to passport

Human rights — Fair trial — Trial by military court in camera — Accused denied lawyer of own choice — Delay in bringing case to trial — Whether accused denied proper opportunity to prepare defence — Torture, inhuman and degrading treatment — Conditions of imprisonment — Enforcement and remedies — Right to a national remedy — Whether allegations of torture properly investigated by State — International Covenant on Civil and Political Rights, 1966, Articles 7, 10 and 14

International tribunals — United Nations Human Rights Committee — Evidence and procedure — Duty of State party to provide detailed information — Burden of proof — International Covenant on Civil and Political Rights, 1966, Optional Protocol

Diplomatic relations — Immunity — Of embassy and ambassador — Waiver — Contract for construction of new embassy premises — Clause providing for disputes to be settled by local courts — Whether amounting to waiver of immunity — Vienna Convention on Diplomatic Relations, 1961, Article 32

State immunity — Jurisdictional immunity — Building contract — Waiver — The law of Denmark

Aliens — Treatment — Discrimination — Employment — Policy of “Senegalization” — Dismissal of foreign worker pursuant to government directives — Whether action lies against employer — Whether worker may invoke treaty requiring equality of treatment

Relationship of international law and municipal law — Treaties — Application by municipal courts — Whether municipal court empowered to consider treaty — The law of Senegal

International organizations — Immunity — Employment of staff — Trade unions — Whether municipal courts possess jurisdiction in respect of alleged disregard of trade union rights by organization — Distinction between cases brought by employees and cases brought by trade unions

State immunity — Jurisdictional immunity — Employment — Action brought by trade union concerning alleged disregard of trade union rights — The law of Italy

State immunity — Jurisdictional immunity — Confiscation of property owned by foreign company — Lack of compensation — Action brought by company in courts of State of incorporation against confiscating State — Whether confiscation a sovereign act — Whether State entitled to immunity

Relationship of international law and municipal law — Act of State — Whether courts of one State may examine conformity with international law of legislation enacted by another State — The law of Italy

Extradition — Limitations — Offences carrying the death penalty in the requesting State — European Convention on Extradition, 1957, Article 11 — Whether declaratory of customary international law — Conflict with provisions of Extradition Treaty, 1870, between France and Italy

Relationship of international law and municipal law — Treaties — Whether municipal legislation implementing treaty provision is subject to scrutiny to determine compatibility with Constitution — Provisional application of treaty — Effect in municipal law

Treaties — Effect in municipal law — Compatibility with Constitution — Effect of treaty not yet in force but subject to provisional application — The law of Italy

Diplomatic relations — Immunity — Diplomats — Military attaché — Action to recover arrears of rent in respect of military attaché's residence — Whether attaché immune from jurisdiction of courts — Vienna Convention on Diplomatic Relations, 1961, Article 31(1) and (3) — Whether declaratory of customary international law

Relationship of international law and municipal law — Treaties — Whether provisions of Vienna Convention on Diplomatic Relations, 1961, incompatible with Italian Constitution — Primacy of constitutional principles over rules of customary international law

Treaties — Effect in municipal law — Constitutional limitations — The law of Italy

State succession — Treaties — Newly independent State — India — Whether new State bound by treaties concluded by imperial predecessor — Whether express agreement between new State and other parties to treaty required — Extradition Treaty, 1873, between Italy and United Kingdom — Treaty applicable to British imperial possessions — Treaty not denounced by India following independence — Whether treaty still in force between Italy and India — Italy, Court of Appeal of Rome

International organizations — Immunity — Attachment and execution — Distinction between immunity from execution and immunity from jurisdiction — Assets of Institute attached to satisfy judgment — Whether Institute entitled to immunity from attachment — Immunity of Institute similar to immunity of foreign States — Assets intended for use in discharge of public functions immune from attachment

Paris Agreement establishing the International Centre for Advanced Mediterranean Agronomic Studies, 1962 — Additional Protocol — Reservation by Italy — Criteria for determining which assets immune from execution — The law of Italy