Governments — Colonies — Southern Rhodesia — Unilateral declaration of independence — Government of Southern Rhodesia following UDI — Southern Rhodesia Act 1965 — Southern Rhodesia Constitution Order 1965 — Authority to provide for government of Southern Rhodesia vested in United Kingdom Government — Whether lawful Government — Whether alleged breach of duty by Government of Southern Rhodesia a liability of the Crown arising otherwise than in respect of Her Majesty’s Government in the United Kingdom — Protection of nationals — Whether duty to protect nationals legally enforceable — The law of England

Extradition — Double criminality — Requirement that alleged conduct would have constituted an offence under the law of the requested State if committed in that State — Obtaining by deception — Property obtained in one State as a result of deception practised in another State — Conspiracy to defraud — Fugitive Offenders Act 1967 — Requirement that extradition statute be strictly construed

Jurisdiction — Territorial — Deception practised in England leading to obtaining of property abroad — Whether an offence under English law

Relationship of international law and municipal law — Recognition and enforcement of foreign laws — Fiscal and exchange control laws creating criminal offences — Principle that such laws will not be enforced in extradition proceedings — The law of England

Extradition — Procedure — Evidence admissible on extradition request — Evidence not given on oath — Affirmation — Whether recognized by English law — Evidence given on oath in proceedings in third State

Treaties — Interpretation — Principles of interpretation — Extradition treaty — Interpretation of treaty different from interpretation of statute — The law of England

Extradition — Convicted persons — Defendant tried in absentia — Whether liable to extradition as a convicted person — Exception for convictions in contumacy — Meaning — Whether court of requested State entitled to examine true nature and effect of law of requesting State to determine whether defendant convicted in contumacy — Italy-United Kingdom Extradition Treaty, 1873 — Extradition Act 1870 — The law of England

Relationship of international law and municipal law — Treaties — Aid to interpretation of national legislation — When recourse to treaty permissible — Requirement of ambiguity in national legislation

Air — Airports — Operation of — Landing rights — Chicago Convention on International Civil Aviation, 1944 — Whether conferring upon airlines of one Contracting State the right to land at an airport in another Contracting State — Fees payable for landing — Whether Convention confers right to land notwithstanding non-payment of fees — The law of England

Jurisdiction — Territorial — Presumption against extraterritorial application of legislation — Tax legislation — Scheme for the collection of income tax in respect of employment income — Employer required to deduct amounts due in respect of tax from payments to employees — Whether scheme applicable to foreign corporation employing persons to work in areas within State’s continental shelf — Employees liable to income tax — Whether collection scheme automatically applicable if employees liable to income tax — Notion of corporation’s tax presence within State — Income and Corporation Taxes Act 1970

Sea — Continental shelf — Status — Whether United Kingdom continental shelf part of the United Kingdom — Continental Shelf Act 1964 — Tax liability of foreign corporation operating on continental shelf — The law of England

Jurisdiction — Territorial — Coroner’s jurisdiction — Death occurring in foreign country — Body returned to England — Whether presence of body in England a sufficient connection with United Kingdom to confer jurisdiction to hold inquest — Presumption against extraterritorial application of legislation — The law of England

Sea — Piracy — Definition — Whether piracy capable of being committed within the territorial waters of a State — Geneva Convention on the High Seas, 1958, Article 19 — Differences between definition of piracy in international law and English law — Whether threat or use of force an essential element of piracy

Relationship of international law and municipal law — Customary international law — Piracy — Whether different definitions in international law and municipal law — The law of England

War and armed conflict — Effects of war — Effect on contracts — Charterparty — Vessel trapped in Basrah on outbreak of war between Iran and Iraq — Whether charterparty frustrated — Date of frustration — Whether declaration of war necessarily frustrates contract under English law — Whether contract frustrated only if events done in furtherance of war prevent performance — Presumptions regarding duration of war — The law of England

Relationship of international law and municipal law — Recognition and enforcement of foreign law — Principle that English courts will refuse to enforce foreign penal or revenue laws — Definition of a penal or revenue law — Whether it is the characterization of the law or the individual action which is decisive — Whether English courts will refuse to enforce foreign public law which is not a penal or revenue law — Legislation prohibiting export of antiquities and providing for forfeiture of items illegally exported — Whether a penal law — Whether an unenforceable public law — New Zealand Historic Articles Act 1962

Jurisdiction — Territorial — Presumption against extraterritorial legislation — Legislation providing for forfeiture of historic articles illegally exported — Whether forfeiture automatic — Whether automatic forfeiture would involve extraterritorial application of legislation

Comity — Respect for national heritage of foreign State — Enforcement of foreign law designed to protect national heritage — The law of England

Arbitration — Jurisdiction — Iran-United States Claims Settlement Declaration, 1981 — General Declaration, Principle B — Interpretation of reference to “Majlis position” — Whether obligation to submit disputes to arbitration should be restrictively construed — Restrictions on capacity of representatives of Iran to bind Iran to Algiers Declarations

Arbitration — Procedure — Preliminary hearing on jurisdiction — Requirement that respondents should have adequate time in which to prepare their case — Allegations that tribunal and its chairman displayed bias

International tribunals — Iran-United States Claims Tribunal — Jurisdiction — Procedure

Treaties — Validity — Specific restrictions upon competence of a State’s representatives — Requirement of prior notification — Whether notoriety of national law restrictions constitutes sufficient notification — Vienna Convention on the Law of Treaties, 1969, Article 47 — Treaty obligation contrary to rule of national law of fundamental importance — Vienna Convention, Article 46

Arbitration — Arbitrators — Voluntary withdrawal of arbitrator after hearing of case — Arbitrator not participating in final adoption of award — Arbitrator not signing award — Whether absence prevents tribunal from adopting valid and binding award

Arbitration — Jurisdiction — Iran-United States Claims Settlement Declaration, 1981 — Claims arising out of contract — Contract allegedly governed by Iranian law — Whether within sole jurisdiction of Iranian courts — Whether claimant proved to be a United States national — Whether respondents proved to be government-controlled entities

Arbitration — Applicable law — Claims for breach of contract — Whether international tribunal bound by national statute of limitations — Whether statute of limitations relevant in determining whether claimant has been guilty of unreasonable delay

International tribunals — Iran-United States Claims Tribunal — Composition — Jurisdiction — Procedure

Relationship of international law and municipal law — Act of State — Expropriatory legislation enacted by foreign State — Whether United States courts will question the validity of such legislation — Recognition and enforcement of foreign laws — Grounds for refusing enforcement — Foreign law expropriating shares in company — Taking allegedly unaccompanied by compensation — Effect on subsidiary company’s assets located in the United States

Expropriation — Compensation — Whether provision for compensation in expropriatory legislation conclusive evidence that compensation paid — United States policy against expropriation without compensation — Extraterritorial effect of expropriation — Company’s assets located in the United States

Jurisdiction — Extraterritorial — Effect of expropriation by Spain of shares in Spanish company on subsidiary company’s assets in the United States — The law of the United States

Relationship of international law and municipal law — Treaties — Implementing legislation — Interpretation — Recourse to travaux préparatoires of treaty as aid to interpretation of statute — When legitimate

Treaties — Interpretation — Travaux préparatoires — The law of Scotland