Jurisdiction — Territorial — Concurrent jurisdiction pursuant to treaty — Criminal offences — Convention between Belgium and France concerning controls at frontier and railway stations, 1962 — Inspection of train by Belgian customs agents during journey from Paris to Brussels — Defendants found to be carrying drugs — Detection occurring in French territory — Whether offence committed in Belgium — The law of Belgium

War and armed conflict — War — Definition — War risks exclusion in insurance policies — War of liberation — Civil war — Conflict in East Pakistan, 1971 — Creation of State of Bangladesh — The law of Belgium

International organizations — Immunity — Jurisdictional immunity — NATO — Civilian personnel — Employment dispute — Claim for damages following dismissal — Contract specialist not a national of receiving State — Whether courts of receiving State have jurisdiction over claim — NATO Status of Forces Agreement, 1951 — Division of civilian personnel into “civilian component” and locally recruited workers — Whether locally recruited workers employed under private law relationship

State immunity — Jurisdictional immunity — Employment dispute — NATO personnel — Action against Belgium as NATO receiving State — Whether municipal courts have jurisdictions over dispute concerning civilian workers — NATO Status of Forces Agreement, 1951 — The law of Belgium

State immunity — Jurisdictional immunity — Commercial Office of Portugal in Brussels — Dispute concerning payment for translation — Whether Portuguese State entitled to jurisdictional immunity — Distinction between acts performed jure gestionis and jure imperii — Applicability on facts of case

Diplomatic relations — Immunity — Diplomatic agent — Immunity from civil jurisdiction — Vienna Convention on Diplomatic Relations, 1961 — Article 31 — Immunity limited to official functions — Scope of functions of diplomatic mission — Whether Article 3 of Convention contains exhaustive list of functions — Waiver of immunity — The law of Belgium

State immunity — Jurisdictional immunity — Employment dispute — Embassy employee — National of receiving State employed as chauffeur — Action for damages for wrongful dismissal — Whether foreign State entitled to jurisdictional immunity — Nature of employment relationship — Distinction between sovereign and non-sovereign activities

Diplomatic immunity — Locally recruited employees — Action for damages for wrongful dismissal — Whether defendant State entitled to immunity — The law of Belgium

Diplomatic relations — Immunity — Representative to international organization — Immunity from civil jurisdiction — Vienna Convention on Diplomatic Relations, 1961 — Article 31(l)(a) — Exceptions to immunity — Real action relating to private immovable property situated in the territory of the receiving State — Whether including claim for charges incurred in respect of tenancy agreement

International organizations — Immunity — Representative to international organization — Jurisdictional immunity — Member of permanent delegation of Member State to NATO — Applicability of principles contained in Vienna Convention on Diplomatic Relations, 1961 — The law of Belgium

State succession — Contractual obligations — Pensions — Public pension fund in Belgian Congo — Whether Belgium liable as guarantor for payment of pensions following independence of Belgian Congo — Principle that Belgium is not liable for debts of former colony — The law of Belgium

State responsibility — Tort — Terrorist attack on foreign embassy — Whether receiving State liable for damage caused to its own citizens — Scope of duty to prevent such attacks

Diplomatic relations — Protection of embassy premises — Terrorist attack — Duty of receiving State to protect embassy — The law of Belgium

Expropriation — Compensation — For lawful nationalization — Property of nationals of expropriating State — Payment of just and adequate compensation — Valuation of expropriated property — Assets of companies — Valuation based on average price of shares during reference period — Discrimination — Measures directed against particular companies — Requirement of equality of treatment — Public interest — Requirement that taking of property be necessary in the public interest

Expropriation — Extraterritorial effect — Nationalization of companies with their seat within the territory of nationalizing State — Effect on assets situated abroad — Indirect nationalization of foreign subsidiary — Separation of rights of shareholders from assets of company

Jurisdiction — Extraterritorial — Expropriatory legislation — Expropriation of shares in company — Effect on subsidiary owned by company in another State

Relationship of international law and municipal law — Recognition and effect of foreign laws — Public laws — Legislation providing for expropriation of shares in company — Circumstances in which legislation would be recognized by courts of another State — The law of Belgium

Aliens — Expulsion — Discretion of host State to order expulsion of alien from its territory — Limits of discretion — Minimum international standards — Departure of United States citizens from Iran during Iranian Revolution — Whether voluntary — Constructive expulsion — Whether series of anti-American actions should be treated as raising presumption of constructive expulsion

Governments — Revolution — Iran — Whether new government responsible for acts carried out by supporters during revolution — Whether new government assumes responsibility for acts of former government — Whether period during which former government had lost control but new government not yet in power — Identity of organs of government following revolution — Status of Ayatollah Khomeini — Agents of government — Revolutionary Guards

International tribunals — Iran-United States Claims Tribunal — Jurisdiction — Claims regarding property — Expulsion of alien from Iran — Whether liable to affect property rights — Whether claim in respect of expulsion within jurisdiction of Tribunal — Procedure — Interim award — Request by United States for interim award regarding expulsions of United States citizens from Iran — Decision that interim award inappropriate — Each case to be judged on individual circumstances

State responsibility — Imputability to the State of acts of groups not formally recognized — Iranian Revolutionary Guards — Status during early period of Iranian Revolution — Whether Revolutionary Guards to be treated as agents of State — Expulsion of United States citizen by Revolutionary Guards — Effect of pronouncements by members of government — Whether leading to attacks on United States citizens and their property — Whether sufficient to make acts of private individuals imputable to State — The law of the Iran-United States Claims Tribunal

Aliens — Expulsion — Discretion of host State to order expulsion of alien from its territory — Limits of discretion — Minimum international standards — Requirement that alien be afforded reasonable opportunity to wind up affairs — Expulsion of United States citizens from Iran during Iranian Revolution — Actions of Iranian Revolutionary Guards — Whether imputable to Iran — Whether violating minimum standards

Damages — Losses for which damages recoverable — United States citizen expelled from Iran — Claim that property had to be sold at less than full value — Contract of employment lawfully terminated by United States company — Whether damages recoverable from Iran

Governments — Revolution — Iran — Identity of organs of government following revolution — Status of Ayatollah Khomeini — Agents of government — Revolutionary Guards

International tribunals — Iran-United States Claims Tribunal — Jurisdiction — Claims regarding property — Expulsion of alien from Iran — Whether liable to affect property rights — Whether claim in respect of expulsion within jurisdiction of Tribunal — Procedure — Interim award — Request by United States for interim award regarding expulsions of United States citizens from Iran — Decision that interim award inappropriate

State responsibility — Imputability to the State of acts of groups not formally recognized — Iranian Revolutionary Guards — Status during early period of Iranian Revolution — Whether Revolutionary Guards to be treated as agents of State — Expulsion of United States citizen by Revolutionary Guards — Bribery — Official of State airline demanding bribe from United States citizen — Whether official acting in official capacity — Whether extraction of bribe imputable to State — The law of the Iran-United States Claims Tribunal

Aliens — Expulsion — Whether alien expelled or left voluntarily because of political situation — Discretion of host State to order expulsion of alien from its territory — Limits of discretion — Minimum international standards — Departure of United States citizens from Iran during Iranian Revolution — Actions of Iranian Revolutionary Guards — Whether imputable to Iran — Whether violating minimum standards

International tribunals — Iran-United States Claims Tribunal — Jurisdiction — Claims regarding property — Expulsion of alien from Iran — Whether liable to affect property rights — Whether claim in respect of expulsion within jurisdiction of Tribunal — Procedure — Interim award — Request by United States for interim award regarding expulsions of United States citizens from Iran — Decision that interim award inappropriate

State responsibility — Imputability to the State of acts of groups not formally recognized — Iranian Revolutionary Guards — Status during early period of Iranian Revolution — Whether Revolutionary Guards to be treated as agents of State — The law of the Iran-United States Claims Tribunal

Arbitration — Obligation to arbitrate — Dispute — Dispute concerning the interpretation or application of treaty — Agreement between the United States and the United Nations regarding the Headquarters of the United Nations, 1947 — Obligations of United States as host State — Palestine Liberation Organization (“PLO”) Observer Mission to United Nations — United States Anti-Terrorism Act 1987 — Whether requiring closure of PLO Observer Mission — Whether requirement of closure would be contrary to 1947 Agreement — Implementation of Anti-Terrorism Act irrespective of Headquarters Agreement — Whether amounting to a dispute about the interpretation or application of the Agreement — Crystallization of dispute — whether enactment of Anti-Terrorism Act creates a dispute without enforcement of Act

International Court of Justice — Advisory jurisdiction — Request for opinion on whether the United States and the United Nations required to submit dispute to arbitration — Extent of question before the Court — Court not asked to rule upon underlying dispute

International organizations — Headquarters agreements — United Nations — Agreement between the United States and the United Nations regarding the Headquarters of the United Nations, 1947 — Obligations of the host State — Possible closure of PLO Observer Mission to United Nations pursuant to United States Anti-Terrorism Act 1987 — Whether United States required to submit dispute to arbitration

Relationship of international law and municipal law — Treaties — Effect in municipal law — Agreement between the United States and the United Nations regarding the Headquarters of the United Nations, 1947 — Possible conflict with the Anti-Terrorism Act 1987 — Whether priority to be accorded to treaty

Treaties — Application — Conflict with municipal statute — Agreement between the United States and the United Nations regarding the Headquarters of the United Nations, 1947 — United States Anti-Terrorism Act 1987 — Whether United States required to comply with treaty irrespective of conflict with later statute — Principle that State cannot rely upon municipal law as justification for non-compliance with treaty — Whether conflict between treaty and statute raises a dispute regarding the interpretation or application of the treaty

International organizations — Headquarters agreements — United Nations — Agreement between the United States and the United Nations regarding the Headquarters of the United Nations, 1947 — Obligations of the United States — Palestine Liberation Organization (“PLO”) Observer Mission — Whether United States required to permit PLO to maintain office in New York — United States Anti-Terrorism Act 1987 — Whether requiring United States Administration to close PLO office — Whether such requirement would be contrary to the Headquarters Agreement — Intention of Congress in passing the legislation

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 obligations — Interpretation of statute — Presumption that Congress does not intend to legislate in a manner contrary to treaty obligations — United Nations-United States Headquarters Agreement, 1947 — United States Anti-Terrorism Act 1987

Treaties — Application by municipal courts — Interpretation — Practice of government in application of treaty — Importance as indication of interpretation to be accorded to treaty — Effect of treaties in domestic law — The law of the United States

Relationship of international law and municipal law — Conduct of foreign relations — United States — Foreign affairs power shared between Congress and the Executive — Division of power — Anti-Terrorism Act 1987 — Effect on Palestine Liberation Organization activities within the United States — Determination by Legislature that United States interests would be served by curtailing such activities entitled to respect from courts — Whether Act contrary to First Amendment to United States Constitution — Application of national law to foreign States and entities — Whether official of foreign State or entity may assert constitutional rights to prevent the adoption of foreign affairs measure affecting foreign State or entity — The law of the United States

Air — Air services agreement — Termination — Revocation of permit issued to designated airline — Revocation taking effect before termination of agreement — Whether entailing violation of agreement — South Africa-United States Air Services Agreement, 1947

Relationship of international law and municipal law — Act of State and justiciability — United States political question doctrine — Scope and rationale — Revocation of permit issued to South African Airways as part of anti-apartheid policy — Whether justiciable — Treaties — Status of treaties in United States law — Principle that statute will be construed so as to accord with existing treaties where possible — Congressional intent to override treaty — Supremacy of statute over earlier treaty

Treaties — Effect in municipal law — Status of treaties in United States law — Supremacy of statute over earlier treaty — The law of the United States

Aliens — Admission — Freedom of movement within territory of State — Alien liable to exclusion under United States law — Admission to United States subject to restrictions on movement within United States — Palestine Liberation Organization Permanent Observer at the United Nations

Recognition — Policy of recognition — Non-justiciability — United States policy of not recognizing the Palestine Liberation Organization

Relationship of international law and municipal law — Act of State and justiciability — United States political question doctrine — Recognition — Policy of recognition non-justiciable — Whether precluding court from hearing constitutional challenge to Executive’s refusal to allow spokesman of unrecognized entity to take part in public debate — Palestine Liberation Organization Permanent Observer at the United Nations — The law of the United States

Jurisdiction — Executive — Legality of arrest — Effect on jurisdiction of court — Defendant accused of aircraft hijacking — Arrest on high seas by United States Federal Bureau of Investigation — Involvement of United States Navy — Whether involvement of United States Navy rendering arrest unlawful — The law of the United States

Air — Hijacking — Whether crime of universal jurisdiction — Measures for the suppression of air piracy — Hague Convention for the Suppression of Unlawful Seizure of Aircraft, 1970 — Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, 1971 — International Convention against the Taking of Hostages, 1979

Jurisdiction — Extraterritorial — Principles on which States may exercise extraterritorial jurisdiction — Crimes of universal jurisdiction — Aircraft hijacking — Hostage taking — Whether universal crimes

Jurisdiction — Extraterritorial — Passive personality principle of jurisdiction — Whether nationality of victim a sufficient ground for exercise of jurisdiction — Whether recognized by international law — Hostage taking — Whether passive personality principle applicable — Limits on passive personality principle

Jurisdiction — Executive — Limits on power of State to apprehend offender outside its territory — Application to case where offender accused of crime of universal jurisdiction — Offender arrested on high seas

Relationship of international law and municipal law — Interpretation of legislation — Presumption that Congress did not intend to legislate in a manner contrary to international law — Presumption against extraterritorial effect of legislation — Legislation relating to aircraft hijacking and hostage taking — Intention to create broad jurisdiction — Intention that legislation should give effect to treaties — The law of the United States

Air — Transit rights — Aircraft in distress — Aircraft forced to land in third State due to adverse weather conditions — Whether passengers have right of overland transit — Whether passengers subject to jurisdiction of third State

Jurisdiction — Territorial — Over passengers on aircraft forced to land due to adverse weather conditions — Whether passengers subject to jurisdiction of State — Passenger found to be in possession of documents suggesting opposition to government of State — Passenger suspected of connection with terrorism

Relationship of international law and municipal law — Customary international law — Status in law of South Africa — National security considerations — Whether prevailing over customary international law — The law of South Africa