Expropriation — Compensation — Compulsory expropriation of South African securities — Calculation of compensation — Compensation based on share price on Johannesburg Stock Exchange — Conversion into Zimbabwean currency — Whether to include compensation for premium payable on transfer of external securities within Zimbabwe

Human rights — Right to property — Right not to be deprived of one's property without adequate compensation — Compulsory acquisition of foreign securities — Premium payable on purchase in Zimbabwe not taken into account — Whether amounting to deprivation of property without adequate compensation — The law of Zimbabwe

States — Independence — Effect on individuals — Consequences of attaining statehood — Australia attaining independence by Statute of Westminster 1931 (Imperial) — Allegiance to the Crown of the United Kingdom superseded by allegiance to the Queen in her capacity as Queen of Australia — Whether nationality affected by change of sovereignty — Whether preserving the status of a British citizen — British Nationality Act 1948 (UK) — Queen as Head of the Commonwealth — Whether expression “British subject” and “Commonwealth citizen” having same meaning — Australian Citizenship Act 1948 (Commonwealth)

Nationality — Individuals — Change of status of territory — Independence — Australia — Whether affecting nationality of individuals — The law of Australia

Treaties — Implementation — Effect in municipal courts — China-United Kingdom Joint Declaration on the Future of Hong Kong, 1984 — Whether treaty obligations of the Crown capable of enforcement at the instance of a subject in the municipal courts — Joint Declaration providing for Crown leases to be extended without payment of additional premium — Plaintiff applying for renewal of land lease in Hong Kong — Whether entitled to rely upon the terms of the Joint Declaration — Whether courts having jurisdiction to grant relief under the Joint Declaration — Hong Kong Act 1985 (UK) — Application of English Law Ordinance (Cap 88)

Relationship of international law and municipal law — Treaties — China-United Kingdom Joint Declaration on the Future of Hong Kong, 1984 — Whether an international treaty — Whether having force of law in Hong Kong — Whether justiciable in municipal courts — Joint Declaration providing for Crown leases of lands to be extended without payment of premium — Whether giving rise to rights enforceable in municipal courts — Whether applicant entitled to have his land lease renewed under the terms of the Joint Declaration — The law of Hong Kong

Treaties — Implementation — Effect in municipal courts — China-United Kingdom Joint Declaration on the Future of Hong Kong, 1984 — Whether provisions concerning grants of land justiciable in municipal courts — Government announcing implementation of the Joint Declaration — Whether giving rise to a justiciable legitimate expectation

Relationship of international law and municipal law — Treaties — China-United Kingdom Joint Declaration on the Future of Hong Kong, 1984, and accompanying Government announcements — Whether in the realm of treaties — Whether Joint Declaration incorporated into municipal law — Whether justiciable in municipal courts — Joint Declaration providing for Crown leases of lands to be extended without payment of premium — Whether applicant entitled to have his land lease renewed under the terms of the Joint Declaration — Determination of Government policy involving construction of the terms of the Joint Declaration — Whether courts permitted to construe the terms of the Joint Declaration — The law of Hong Kong

Aliens — Political asylum — Geneva Convention Relating to the Status of Refugees, 1951 — Convention ratified by the United Kingdom but not extended to Hong Kong — Whether Convention part of the law of Hong Kong

Human rights — Right to life — Due process — International Covenant on Civil and Political Rights, 1966 — United Kingdom party to the Covenant — Covenant extended to Hong Kong with reservation that Article 13 not applicable in Hong Kong — Chinese illegal immigrants applying for political asylum — Whether principles of natural justice apply — Whether specific legislative provisions to override principles of natural justice

Sources of international law — Customary international law — Whether part of common law — International migration law — Whether principle of non-refoulement applicable where inconsistent municipal legislation

Treaties — Application — Colony — Treaty ratified by United Kingdom but not extended to Hong Kong — The law of Hong Kong

State immunity — Jurisdictional immunity — State corporations — Immunity of government controlled corporation — Corporation established by government of Quebec for development of hydroelectric resources — Corporation’s operations completely controlled by government — Fatal accident — Widow’s action to claim damages — Whether corporation entitled to sovereign immunity — Whether actions purely private or of a commercial nature — Restrictive theory of sovereign immunity — James Bay Region Development Act RSQ 1977 and the Hydro-Québec Act RSQ 1977 — The law of Canada

Aliens — Refugees — Geneva Convention Relating to the Status of Refugees, 1951 and Protocol, 1967 — International legal obligations of States — Tamil Muslim member of minority race and religion in Sri Lanka — “Well-founded fear” of persecution — Unwillingness to avail himself of the protection of his country — Whether a “Convention refugee” — Immigration Act 1976 — The law of Canada

Territory — Acquisition of territory — Treaty of Paris, 1763 — Cession — Acquisition by Britain of sovereignty over Labrador from France — Territory subsequently transferred to Newfoundland — Plaintiff claiming title to land in Labrador — Alleged grant from Prince William of Orange — Whether effective occupation includes possession and administration of government — Whether territory acquired by prescription from Holland

Treaties — Effect — Treaty of Paris, 1763 — Acquisition by Britain of sovereignty and ownership over Labrador — Whether leading to obliteration of any property rights acquired before the Treaty — Whether exception in case of existing claims brought to the attention of the Crown and acknowledged by it — The law of Canada

Sea — Fishing zone — Establishment of a 200-mile fishing zone “adjacent” to the Atlantic coast of Canada — Conservation and management of fishing resources — Intention of Parliament to have control over the fishing areas — Whether regulation repugnant to statute — Territorial Sea and Fishing Zones Act 1970 — The law of Canada

Extradition — Rule of specialty — Accused extradited to Canada from Brazil — Canada undertaking to prosecute fugitive for crimes listed in extradition request — Immunity for crimes committed before surrender — Later charged with offences committed prior to request for extradition — Whether appellant had a reasonable opportunity to return to the requested State — Whether immunity from prosecution perpetual — Extradition Act 1970

Treaties — Interpretation — Undertaking by Canada — Whether to be read in light of its object and purpose as well as in the light of general principles of international law — Whether interpretation to involve minimum obligations for the parties and to be most favourable to the freedom and independence of States — Vienna Convention on the Law of Treaties, 1969 — The law of Canada

Aliens — Refugees — Refugee status — Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967 — Former member of Irish National Liberation Army (“INLA”) claiming refugee status — Fear of persecution by the INLA — Whether INLA “a particular social group” — UNHCR Handbook on Procedures and Criteria for Determining Refugee Status — Whether persecution feared must be by State — Whether involvement of State a sine qua non — Whether respondent unable to claim protection of all countries of nationality — Canada’s international legal obligations to refugees — Immigration Act 1976 — The law of Canada

Extradition — Double criminality — Canada-United States of America Extradition Treaty, 1971 — Extradition sought from Canada — Fugitive charged in the United States with knowingly engaging in “continuing criminal enterprise” relating to drug offences — Offence not listed in Treaty — Whether Treaty contemplating extradition for any offence against United States federal law where listed offence constitutes substantive element — Whether “continuing criminal enterprise” meeting such requirement — Extradition Act 1985

Treaties — Interpretation — Canada-United States of America Extradition Treaty, 1971 — Offence of knowingly engaging in “continuing criminal enterprise” not listed in Treaty — Interpretation of treaty provisions — Whether fair and liberal interpretation with a view to fulfilling Canada’s international obligations — Offences listed in Treaty constituting substantial element of the offence of continuing criminal enterprise — Whether requirement of double criminality satisfied — The law of Canada