State succession — Delict — Mandated trust territory of South West Africa becoming independent State of Namibia — Complete transfer of powers from previous government — Acceptance by new government of acts of predecessor government — Whether successor government liable for delicts of predecessor government — Constitution of Namibia, Article 140

Territory — Mandated territories — South West Africa — Acts of South African administration — Whether Government of Namibia liable for such acts after Namibian independence

Human rights — Constitutional protection — Interpretation — Whether giving individuals full measure of fundamental rights and freedoms — Constitution, Article 140 — The law of Namibia

Sea — Exclusive economic zone — Fisheries — United Nations Convention on the Law of the Sea, 1982, Article 73(3) — Prohibition of imprisonment for violations of regulations applicable in any exclusive economic zone — Accused charged with unlawful fishing in the exclusive economic zone — Seizure of vessel, implements and fish — Sentence of imprisonment — Whether exclusive economic zone of Namibia extends to 200 nautical miles from low water mark — Whether different from exclusive economic zone relating to Walvis Bay — Whether provisions of the Convention applicable — Whether imprisonment for failure to pay fine prohibited — Sea Fisheries Act 1973 as amended by the Territorial Sea and Exclusive Economic Zone of Namibia Act 1990

Treaties — Binding nature of international conventions — United Nations Convention on the Law of the Sea, 1982 — Convention signed and ratified by the Council for Namibia — Convention not yet in force — Whether binding on Namibia — Vienna Convention on the Law of Treaties, 1969 — Court not able to establish whether Council of Namibia signatory to the Vienna Convention — Whether Namibia bound by the Law of the Sea Convention only if Council for Namibia signatory to both Conventions

State succession — Mandated trust territories — Namibia — Independence from the Republic of South Africa — Constitution providing for the perpetuation of existing laws — Whether Sea Fisheries Act 1973 (South Africa) applicable — Whether Walvis Bay part of the national territory of Namibia — Whether area of sea between 12 and 200 nautical miles from the coast of Namibia constituting exclusive economic zone of Namibia — The law of Namibia

Sea — Fisheries — Possession of green turtle meat — Turtles fished outside the territorial waters of Seychelles — Vessel in transit — Turtle meat served on board while vessel in port — Whether Green Turtles Protection Regulations 1968 applicable outside the territorial waters of Seychelles — Whether accused guilty of possession of green turtle meat in Seychelles

Jurisdiction — Extraterritorial jurisdiction — Accused charged with possession of green turtle meat — Turtles fished outside the territorial waters of Seychelles — Ordinance and regulations for the protection of green turtles — Whether Seychelles Legislature can legislate for matters outside its jurisdiction — Whether accused guilty of possession of turtle meat within the jurisdiction of Seychelles — Green Turtles Protection Regulations 1968 — The law of Seychelles

Extradition — Italy-United Kingdom Extradition Treaty, 1873 — Treaty applicable to the British Colony of Mauritius — Seychelles then a dependency of Mauritius — Seychelles becoming a separate colony — Fugitive charged with armed robbery in Italy — Whether Treaty applicable to Seychelles — Extradition Acts 1870 and 1873 — Extradition Ordinance (Ca p. 62)

Treaties — Effect of war — Italy-United Kingdom Extradition Treaty, 1873 — Applicable to Mauritius as a British Colony — Applicable to Seychelles as a dependency of Mauritius — Treaty suspended during World War II — Peace Treaty of 1948 — Revival of Treaty — Whether Treaty applicable to Seychelles as British Colony

War and armed conflict — Effect on treaties — Italy-United Kingdom Extradition Teaty, 1873 — Suspension of Treaty during World War II — Whether Treaty revived by the Peace Treaty of 1948 — The law of Seychelles

Sea — Fisheries — Fishing limits of the Seychelles — Foreign fishing boat granted licence for commercial research — Levy on sale of fish — Legality of condition — Whether imposition of taxation without statutory authority — Fishery Limits Act (Cap. 126), Section 3 — The law of the Seychelles

Human rights — Inhuman and degrading treatment — Corporal punishment — European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950, Article 3 (as a source of guidance) — Caning administered to pupil in the presence of other children — Whether torture or “inhuman” and “degrading” punishment — Whether punishment reasonable — Whether infringement of a constitutional right — The law of Solomon Islands

War and armed conflict — Liberation movements — South Africa — Accused found guilty in Swaziland of unlawful possession of arms of war and ammunition — Whether defence of freedom fighter and member of the liberation forces of the Organization of African Unity (OAU) available — Swaziland a member State of the OAU — Whether implied authority for the possession of arms and ammunition in Swaziland — Whether reliance could be placed on the resolutions of the OAU

International organizations — Resolutions — Municipal applicability — Resolutions of the Organization of African Unity (OAU) — Applicability in Swaziland — Whether incorporation required — Accused found guilty of unlawful possession of arms of war and ammunition — Defence of freedom fighter and member of the liberation forces of the OAU — Accused relying on the resolutions of the OAU — Whether Swaziland being a member State of the OAU implied authority for the possession of arms and ammunition for the eradication of apartheid in South Africa — Arms and Ammunition Act 1964 — The law of Swaziland

Sea — Historic bays — Status as internal waters — Criteria for determination of historic bay — Ownership of submerged lands under historic bay — Sovereignty historically exercised by United States over Mississippi Sound as inland waters — Mississippi and Alabama entitled to claim Sound as historic bay and inland waters and entitled to ownership of submerged lands thereunder — Convention on the Territorial Sea and Contiguous Zone, 1958 — United States Submerged Lands Act 1953 — The law of the United States

Sea — Historic bays — Status as internal waters — Doctrine of ancient title — Distinguished from doctrine of historic waters — Ancient title requiring clear original title through effective occupation, occurring before principle of freedom of high seas enshrined in international law, fortified by long usage — Whether Commonwealth of Massachusetts entitled to claim Nantucket Sound as inland waters by virtue of doctrine of ancient title — Extent of acts of sovereign and colonists necessary to demonstrate occupation — Effect of inconsistent prior acts by sovereign

Treaties — Interpretation — Convention on the Territorial Sea and Contiguous Zone, 1958, Article 7(6) — Doctrine of ancient title — Whether exception in Convention for historic bays embraces claim of ancient title — Whether Nantucket Sound constitutes historic bay by virtue of ancient title and therefore inland waters of Commonwealth of Massachusetts — The law of the United States

Territory — Water boundaries — Interpretation of boundary treaty — Boundary formed by north channel of river — Effect of islands emerging after conclusion of treaty — Use of right-angle principle in delimitation — Boundary at mouth of river — Location of mouth of river in absence of specific geographical headland — Avulsion — Additions to island mass occurring over time as result of engineering works — Effect on boundary — Lateral seaward boundary — Equidistance principle — Treaty of Beaufort, 1787

Territory — Acquisition of — Prescription — States of American Union — Boundary rivers — Boundary treaty giving all islands to Georgia — South Carolina exercising sovereignty over islands — Effect of inaction by Georgia

Treaties — Interpretation of boundary treaty — Boundary formed by north channel of river — Islands emerging after treaty — Whether treated as pre-existing — Whether determination of sovereignty over islands consistent with treaty — Demarcation of seaward boundary — Whether demarcation consistent with treaty — Treaty of Beaufort, 1787 — The law of the United States

Sea — High seas — Jurisdiction — Geneva Convention on the High Seas, 1958 — Search and seizure on the high seas — Foreign vessel and foreign crew — Crew and vessel from States not party to 1958 Convention — Vessel carrying prohibited drugs — Effect of violation of Convention — Scope of authority under municipal statute for search and seizure

Relationship of international and municipal law — Jurisdiction — Search and seizure on the high seas — Geneva Convention on the High Seas, 1958 — Foreign crew and foreign vessel — Vessel and crew from States not party to 1958 Convention — Effect of violation of Convention in municipal law — Whether rights and obligations under Convention extend to individuals — Whether rights and obligations under Convention extend to States and their nationals not party to the Convention — Effect of municipal legislation authorizing search and seizure — The law of the Usnited States

Sea — High seas — Jurisdiction — Search and seizure on the high seas — Stateless vessel — Right of approach — Right of Coast Guard to board to ascertain nationality — Vessel carrying prohibited drugs — Scope of authority under international law for search and seizure — Geneva Convention on the High Seas, 1958

Treaties — Interpretation — Geneva Convention on the High Seas, 1958 — Search and seizure of stateless vessel on the high seas — Rights of stateless vessels — Whether Convention affording protection to vessels without nationality — The law of the United States

Sea — Territorial seas — Jurisdiction — Geneva Convention on the Territorial Seas and the Contiguous Zone, 1958 — Search of United States vessel by United States Coast Guard in territorial waters of Haiti — Both States parties to Convention — Status of Coast Guard ships — Whether requiring notification or authorization prior to entering territorial waters of other State

Relationship of international law and municipal law — Jurisdiction — Search and seizure of United States vessel by United States Coast Guard in territorial waters of Haiti — Geneva Convention on the Territorial Sea and the Contiguous Zone, 1958 — Whether rights and obligations under Convention extend to nationals of State Parties — Interpretation and effect of municipal law authorizing search and seizure in foreign territorial waters — The law of the United States

Sea — Jurisdiction — Unidentified pleasure craft — Reasonable suspicion that vessel of same nationality as Coast Guard — Right of Coast Guard to board to ascertain nationality — Right of approach — Geneva Convention on the Territorial Sea and Contiguous Zone, 1958 — Geneva Convention on the High Seas, 1958

Sea — High seas — Jurisdiction — Boarding of unidentified vessel on high seas after flight from territorial seas — Signal to stop given immediately prior to boarding — Whether circumstances giving rise to right of approach — Whether circumstances giving rise to right of hot pursuit — Geneva Convention on the High Seas, 1958

Treaties — Interpretation — Effect — Whether treaty self-executing — Matter for court’s determination — Effect of ratification — Treaty rights to jurisdiction over high seas narrower than those customarily exercised — Whether traditional exercise of jurisdiction proscribed by treaty — Geneva Convention on the High Seas, 1958

Treaties — Violation — Effect of treaty violation on jurisdiction of court over defendant — Foreign vessel boarded and seized on high seas — Identification of vessel conclusively determined prior to boarding — No evidence to support suspicion of illegal activity — Signal to stop given immediately before boarding — Boarding not justified under doctrine of hot pursuit — Geneva Convention on the High Seas, 1958 — Violation of treaty not depriving court of jurisdiction

Relationship of international law and municipal law — Effect of ratification of treaty — Whether restrictive language of treaty limiting permissible exercise of court’s jurisdiction to instances permitted by treaty only — The law of the United States

Sea — High seas — Jurisdiction — Geneva Convention on the High Seas, 1958 — Right of approach — Boarding and search on the high seas — Stateless vessel — Crew and vessel from States not party to Convention — Vessel carrying prohibited drugs — Whether Convention applicable

Relationship of international law and municipal law — Jurisdiction — Boarding and search on the high seas — Stateless vessel — No attempt by vessel to flee — Whether search warrant required under Fourth Amendment to United States Constitution — The law of the United States

Arbitration — Arbitration agreement — Function of arbitral tribunal — Boundary dispute — Whether tribunal's task one of demarcation of existing boundary or delimitation — Law applicable to arbitration

Arbitration — Concept of arbitration — Distinction between arbitration and political settlement — Boundary dispute — Dependent States — Trucial States — Reference of dispute to British official — Consent of Rulers of the Trucial States — Whether obtained by coercion — Whether decision of official based upon law — Whether decision of official legally binding upon successor States

Territory — Boundaries — Land boundaries — Arbitration of boundary dispute — Critical date — Acquisition of title — Prescription — Protest — Desert areas — Allegiance of tribes — Exercise of jurisdiction — Significance in establishing title to territory

Sea — Maritime boundaries — Delimitation — Adjacent States — Equity — Harbour works — Use as part of base lines — Equidistance method — Special circumstances — Islands — Whether island should be given half effect — Effect of island's entitlement to a territorial sea