Extradition — Political offence — Definition — Whether political offence exception limited to acts committed during uprising — Northern Ireland — Activities of Provisional Irish Republican Army (“PIRA”) — Whether political offences — Political offence exception excluding acts of international terrorism — Requirement that offences be committed within geographical scope of uprising — Whether PIRA activities in England sufficiently closely connected to troubles in Northern Ireland — Whether application of political offence exception a matter for the courts or the Executive — United Kingdom-United States Extradition Treaty, 1977 — Interpretation — Whether political offence questions justiciable

Extradition — Speciality — Allegation that extradition request a subterfuge to enable requesting State to prosecute accused for a political offence — Whether a matter for the courts or the Executive

Relationship of international law and municipal law — Act of State and justiciability — Justiciability of foreign relations questions — Political offence exception in extradition proceedings — The law of the United States

Extradition — Double criminality — Requirement that conduct constitute an offence under laws of both the requesting and the requested State — Extent of requirement — Whether necessary that offence be described in similar terms in both States — Extradition requested for charges of mass murder under legislation relating to war crimes and crimes against humanity — Whether mass murder a different crime from murder

Extradition — Jurisdiction of requesting State — Crimes allegedly committed outside territory of requesting State — War crimes and crimes against humanity — Whether crimes of universal jurisdiction

Extradition — Procedure — Evidence — Admissibility — Appeals — Role of Court of Appeals in reviewing decision of United States District Court in extradition proceedings — Role of courts and Executive in extradition

Extradition — Speciality — Requirement that requesting State refrain from prosecuting defendant for crimes other than those for which extradition granted — Extent of requirement — Whether dictating particulars of crime for which defendant might be charged — Nature of principle of speciality — Whether right to insist upon speciality belongs to requested State or to defendant

Jurisdiction — Universal — Crimes against international law — War crimes and crimes against humanity — Jurisdiction of municipal courts — Courts of State which did not exist at time offences committed

Relationship of international law and municipal law — Customary international law — Whether part of United States law

War and armed conflict — Enforcement of the laws of war — War crimes and crimes against humanity — Definition — Jurisdiction over — The law of the United States

State immunity — Jurisdictional immunity — General principles — United States Foreign Sovereign Immunities Act 1976 — Commercial activity exception to immunity — Whether conferring jurisdiction upon United States courts in action between foreign corporation and foreign State — Connection between action and the United States — Whether Act compatible with United States Constitution — Evolution of law relating to sovereign immunity — Whether grant of immunity a matter of comity

States — Federal States — United States of America — Conduct of foreign relations — Powers of Congress — Whether Foreign Sovereign Immunities Act 1976 a legitimate exercise of power by Congress to vest jurisdiction in federal courts — The law of the United States

State immunity — Attachment and execution — Whether immunity from execution more extensive than immunity from jurisdiction — State corporation — Airline — Whether assets of State corporation liable to execution to enforce judgment against foreign State — When separate identity of corporation should be disregarded — Joint participation in tort — Whether involving abuse of corporate form entitling court to disregard separate identity — Whether property in use for commercial purposes — Involvement of State corporation in political assassination of exile — United States Foreign Sovereign Immunities Act 1976 — Exception to immunity from jurisdiction in case of certain non-commercial torts — Different scope of exceptions to immunity from execution — The law of the United States

Expropriation — Extraterritorial effect — Expropriation without compensation of shares in company — Effect on debt owed to company by debtor in United States — Situs of debt — United States policy against expropriation without compensation

Relationship of international law and municipal law — Act of State and justiciability — United States act of State doctrine — Extent and rationale — Extraterritorial exception — Acts of State purporting to affect property situated within United States — Whether contractual claim against United States corporation necessarily situated in United States — The law of the United States

Expropriation — Extraterritorial effect — Expropriation without compensation of shares in company — Effect on debt owed to company by debtor in United States — Situs of debt — United States policy against expropriation without compensation

Relationship of international law and municipal law — Act of State and justiciability — United States act of State doctrine — Extent and rationale — Extraterritorial exception — Acts of State purporting to affect property situated within United States — Whether contractual claim against United States corporation necessarily situated in United States — Contract to be performed in Iran — Requirement that courts should not interfere with diplomatic efforts of the Executive — Decision by United States court contradicting decision of Iran-United States Claims Tribunal — Whether such a decision would create a potential interference with diplomatic efforts of the Executive — The law of the United States

State immunity — Jurisdictional immunity — State corporation — Whether to be treated as alter ego of State — Exception to immunity for proceedings concerning property taken in violation of international law — Requirement that property be owned or operated by instrumentality of foreign State engaged in commercial activity within the United States — Waiver — Whether establishment of State corporation as body capable of suing and being sued amounting to waiver of immunity — United States Foreign Sovereign Immunities Act 1976

Relationship of international law and municipal law — Act of State and justiciability — United States act of State doctrine — Extent — Taking by foreign State of real property within its territory — Interference with conduct of foreign relations by the Executive — Executive attempts to achieve a negotiated settlement with foreign State

Expropriation — Definition — Taking of property on promise of compensation — Subsequent repudiation of promise — Whether repudiation a separate taking of property in violation of international law

Claims — Nationality of claims — Former owners of nationalized property becoming nationals of claimant State between date of nationalization and repudiation by nationalizing State of promise to pay compensation — Lump sum claims settlement agreement — Effect — Whether barring claims in municipal courts — The law of the United States

Aliens — Deportation — Likelihood of persecution in proposed State of deportation — Nature of persecution — Whether including persecution by unofficial group — Provisional Irish Republican Army — Danger to former member of group in being returned to Ireland — Procedure — Burden of proof in showing likelihood of persecution — Judicial review of decision that alien had failed to discharge burden of proof — United States Refugee Act 1980

Aliens — Refugees — Deportation — Likelihood of persecution — The law of the United States

Aliens — Refugees — Asylum — United Nations Protocol relating to the Status of Refugees, 1967 — United States Refugee Act 1980 — Well-founded fear of persecution — Meaning — Whether applicant for asylum required to show clear probability of persecution in order to establish well — founded fear — Distinction between discretionary provisions on asylum and mandatory provision on withholding deportation — Language and legislative history of the Refugee Act 1980 — Whether passed to give effect to the 1967 Protocol

Relationship of international law and municipal law — Treaties — Interpretation — By municipal courts — United Nations High Commissioner for Refugees — Extent to which United States court should take note of High Commissioner’s interpretation of United Nations Protocol relating to the Status of Refugees, 1967

Treaties — Interpretation — Agencies of interpretation — United Nations High Commissioner for Refugees — Extent to which United States court should take note of High Commissioner’s interpretation of United Nations Protocol relating to the Status of Refugees, 1967 — The law of the United States

Aliens — Refugees — Asylum — Duty of non-refoulement — Decision to return refugee from State of nationality to third country — Evidence that third country will return refugee to State of nationality — Whether return to third country in those circumstances a breach of the Geneva Convention relating to the Status of Refugees, 1951, Article 33 — Determination of refugee status — Whether determination of refugee status a matter for the Secretary of State — Role of the courts — Right of appeal against refusal of refugee status — Extent of duty to cooperate with United Nations High Commissioner for Refugees — Recommendations of High Commissioner not binding — Expulsion — Geneva Convention relating to the Status of Refugees, 1951, Article 32 — Duty not to expel refugee lawfully in territory of contracting State — Whether applicable to alien temporarily admitted to territory pending decision on application for leave to enter

Relationship of international law and municipal law — Treaties — Application by municipal courts — United Nations High Commissioner for Refugees — Extent to which English court should take note of High Commissioner’s recommendations for implementation of the Geneva Convention relating to the Status of Refugees, 1951, and the 1967 Protocol thereto — Recommendations incapable of prevailing over express provisions of statute — The law of England

Aliens — Refugees — Definition of a refugee — Well-founded fear of persecution — Whether objective or subjective test of whether fear well-founded — Geneva Convention relating to the Status of Refugees, 1951, Article 1A — Asylum — Criteria for grant of — Determination of refugee status — Whether determination of refugee status a matter for the Secretary of State — Role of the courts — Views of the United Nations High Commissioner for Refugees

Relationship of international law and municipal law — Treaties — Interpretation by municipal courts — United Nations High Commissioner for Refugees — Extent to which English court should take note of High Commissioner's views on the interpretation of the Geneva Convention relating to the Status of Refugees, 1951, and the 1967 Protocol thereto — The law of England

Nationality — Individuals — Acquisition — By birth — Nationality of individual born in mandated territory — Western Samoa — Whether person born in Western Samoa during period of mandate a natural-born British subject for purposes of New Zealand law — British Nationality and Status of Aliens (in New Zealand) Act 1928

States — Dependent States and territories — Mandated and trust territories — Whether mandated territory part of the territory of the administering power for purposes of nationality — Western Samoa — The law of New Zealand