Jurisdiction — Over foreign States — Principles on which one State may assert jurisdiction in respect of acts of another State — United States Foreign Sovereign Immunities Act 1976 — Whether Act the sole basis for United States courts to assert jurisdiction over foreign States — Alien Tort Statute 1789 — Whether providing alternative basis for jurisdiction — Attack on neutral merchant ship on the High Seas — Whether occurring in waters within the jurisdiction of the United States — Presumption against extraterritorial effect of legislation

State immunity — Jurisdictional immunity — Violations of international law — Whether foreign State entitled to immunity for acts contrary to international law — Exception to immunity in respect of non-commercial torts — Whether limited by principle of territorial jurisdiction — Waiver — Whether conclusion of treaty amounting to waiver of immunity — Multilateral conventions — Whether ratification may be deemed to constitute waiver of immunity in United States courts

Relationship of international law and municipal law — Customary international law — Enforcement by municipal courts — United States Alien Tort Statute 1789

Sea — High seas — Freedom of passage — Neutral merchant ship on high seas during armed conflict — Jurisdiction

Treaties — Application by municipal courts — Whether creating private rights of action — Geneva Convention on the High Seas, 1958 — Pan-American Maritime Neutrality Convention, 1928

War and armed conflict — Neutrality — Naval warfare — Attack on neutral ship on high seas — Whether violating international law — The law of the United States