Human rights — Property — Family life — Discrimination — Extended concept of “family” — French Polynesia — Burial grounds — International Covenant on Civil and Political Rights, 1966, Articles 2, 14, 17, 23, 26 and 27

Treaties — Reservations — French declaration under International Covenant on Civil and Political Rights, 1966, Article 27 — Whether amounting to a reservation

Human rights — Remedies for violation — Right to life — Torture — Failure of State to provide judicial remedy — Purely administrative and disciplinary proceedings not sufficient — International Covenant on Civil and Political Rights, 1966, Articles 2, 6, 7 and 9

State immunity — Jurisdictional immunity — Head of State — Ruler of State member of federation — Whether Head of State — Whether entitled to immunity — Waiver — Defendant taking steps in the proceedings

States — Head of State — Federal State — Ruler of State member of federation — Sultan of Selangor — Whether a Head of State — The law of Australia

Diplomatic relations — Immunity — Diplomatic agent — Divorce and custody proceedings — Whether diplomat immune from divorce jurisdiction of courts of the receiving State — Whether immunity precluding exercise of custody jurisdiction in respect of diplomat's children — The law of Australia

International organizations — United Nations — Non-self-governing territories — Duty of administering State — Cocos Islands — Transfer to Australia — Duty in respect of self-determination — Rights of principal landowner

Territory — Self-determination — Cocos Islands — Nature of act of self-determination — The law of Australia

Territory — Title — Aboriginal tribe claiming ownership of lands in State of New South Wales — Sovereignty claim — Native title claim — Fiduciary and trust claim — Validity of claims

Relationship of international law and municipal law — Treaties — Convention on the Prevention and Punishment of the Crime of Genocide, 1948 — Whether giving rise to rights under Australian municipal law — Whether proceedings constituting abuse of process — The law of Australia

War and armed conflict — Weapons — Nuclear weapons — Proceedings in municipal court — Statement of claim seeking declarations that threat or use of nuclear weapons in any circumstances prohibited — Whether use of nuclear weapons by Australia would be in breach of its obligations under municipal, international and transnational law — Respondent applying for summary relief — Whether statement of claim should be struck out — Whether statement of claim incompetent — Whether plaintiff possessing necessary standing — Whether statement of claim disclosing a reasonable cause of action — Whether subject-matter of proceedings justiciable — Constitutional and legal function of a municipal court — Whether municipal court appropriate forum — Whether statement of claim suitable vehicle

International Court of Justice — Advisory jurisdiction — Australia Member State of United Nations — Australia having accepted jurisdiction of International Court of Justice — Plaintiff submitting two questions for Advisory Opinions — Whether threat or use of nuclear weapons in any circumstances permitted under international law — Whether use of nuclear weapons by a State in war or other armed conflict would be in breach of its obligations under international law — Whether consistent with Court's essential judicial character — The law of Australia

Territory — Title — Aboriginal people in Australia — Declarations sought by plaintiff — Whether Commonwealth of Australia owing fiduciary duty to original people of Australia — Alleged illegal invasion, war crimes and genocide — Whether fiduciary duty extending to require Australia to move United Nations General Assembly to obtain Advisory Opinion from International Court of Justice — Whether Aboriginal people having separate rights and legal status including territorial sovereignty — Whether fiduciary relationship requiring Australia to negotiate with plaintiff with respect to obtaining Advisory Opinion — Whether declarations appropriate — Genocide Convention Act 1949 (Commonwealth) — Convention on the Prevention and Punishment of the Crime of Genocide, 1948 — Whether justiciable “matter” — Commonwealth Constitution, Sections 75 and 76 — The law of Australia

Human rights — Genocide — Northern Territories Aboriginals Ordinance 1918 — Whether Ordinance authorizing acts of genocide — Whether satisfying definition of genocide in Convention on the Prevention and Punishment of the Crime of Genocide, 1948 — Whether Ordinance valid

Relationship of international law and municipal law — Treaties — Convention on the Prevention and Punishment of the Crime of Genocide, 1948 — Genocide Convention Act 1949 (Commonwealth) — Northern Territories Aboriginals Ordinance 1918 — Whether Ordinance authorizing acts of genocide — Whether Ordinance valid — Whether Genocide Convention having effect upon Australian law — The law of Australia

Jurisdiction — Territorial — Proceedings in two jurisdictions — Application in courts of New South Wales for injunction to restrain proceedings in the United States — Comity — Whether Australian court empowered to restrain proceedings in the courts of another State — The law of Australia

States — Protectorate — Sikkim — Status in relation to protecting State — Treaty between Sikkim and India — Responsibility of India for all external relations — Whether Sikkim a foreign State — Status of Sikkim

State immunity — Jurisdictional immunity — Distinction between jurisdictional immunity and requirement of executive permission before instituting suit against foreign State — Restrictive theory of sovereign immunity — The law of India

Territory — Acquisition — Conquest — Effect upon existing rights — Conquest and annexation of Goa, Daman and Diu by India — Legal effects of acquisition on existing mining rights — Recognition of rights

State succession — Acquired rights — Application for mining concession — Effect of conquest — Indian annexation of Goa — The law of India

Sea — Exclusive economic zone — Fishing — Foreign fishing vessels — Maritime Zones of India Act 1981 and Maritime Zones of India Rules — Prohibition on fishing by foreign vessels — Interpretation — The law of India

Human rights — Obligations of States — Universal Declaration of Human Rights, 1948 — Influence — Constitutional protection of the rights to equality, freedom and protection of life and personal liberty-Victims of Bhopal disaster — Claims for compensation — Representation of claims by Central Government — Whether divestiture of individual rights to legal remedy — Whether procedure just, fair and reasonable — Bhopal Gas Leak Disaster (Processing of Claims) Act 1985 — Constitutional validity — Constitution of India, Articles 14, 19 and 21

Claims — Multinational corporations — UN Code of Conduct on Transnational Corporations, 1986 — Obligation of States to comply — Victims of Bhopal disaster — Claims for compensation — Statute giving exclusive rights to Central Government to represent victims — Whether analogous to parens patriae — Whether exercise of sovereign power of State for public welfare — Salus populi suprema lex — Whether implied obligation in Statute to grant interim relief to victims of disaster — Bhopal Gas Leak Disaster (Processing of Claims) Act 1985 — Constitution of India, Preamble and Directive Principles of State Policy

Environment — Pollution-free air and water — Multinational corporations — Code of Conduct on Transnational Corporations, 1986 — International obligations — Constitutional protection — Industries dealing with potentially dangerous materials — Need for certain norms and standards — Guidance from evolving international dimensions and standards — State to take effective steps to safeguard rights of citizens by enacting laws — Rights relating to life, liberty and safety of environment and ecology for a healthy and clean life — Multinational corporations also to be made liable for any damage caused to human beings and the ecology — The law of India

Jurisdiction — Nationality principle — Contract between plaintiff and defendant company registered in England — Non-payment of moneys due — Plaintiff commencing action in England — Whether English court possessing jurisdiction — Jurisdiction clause in contract — Exclusive jurisdiction conferred on Angolan court — Application of Portuguese law — Proper law of contract — Angola gaining independence since date of contract — New Constitution — District Court of Luanda now applying Angolan law — Article 58 of Constitution enabling change of law — Whether clause 14 of contract still applicable — Discretion of judge — Whether “just and proper” to allow action to proceed

States — Continuity — Angola — Former Portuguese province — Angola becoming sovereign independent State in 1975 — New Constitution — Popular Movement for the Liberation of Angola assuming power — Recognition of Angola by United Kingdom Government — The law of England

Jurisdiction — Whether English court having jurisdiction under English law to restrain antitrust proceedings against plaintiffs in United States court — Requirement that bringing of proceedings be unconscionable — Whether plaintiffs having relevant presence or business in United States at relevant time — Whether plaintiffs having submitted themselves to jurisdiction of United States — Whether extraterritorial application of United States antitrust legislation permissible — Whether bringing of proceedings before United States court unconscionable — The law of England

Recognition — Whether agreement between plaintiff and defendant constituting exchange contract — Whether contrary to exchange control regulations of Iran — Whether regulations consistent with Bretton Woods Agreement — Whether Agreement unenforceable — Whether Court should refuse to enforce payment on English cheque — Bretton Woods Agreement, Article VIII, Section 2(b) — Bretton Woods Agreements Act 1945 — Bretton Woods Agreements Order in Council 1946 — The law of England

Economics, trade and finance — Trade in paintings — Painting exported from Spain — Whether exported in violation of laws of Spain — Right of foreign State to bring action in England to protect property — Whether abuse of process of Court — The law of England

Aliens — Deportation — Asylum — Criteria for grant of — Nature of “well-founded fear of persecution” — Homosexual acts subject to criminal penalties in State of nationality — Whether amounting to persecution — United Nations Handbook on Procedures and Criteria for Determining Refugee Status — As instrument of interpretation of refugee law — Whether homosexuals a social group within meaning of Geneva Convention on the Status of Refugees, 1951

Treaties — European Convention on Human Rights, 1950, Article 8 — Aliens — Deportation — State of nationality allegedly in breach of obligations under European Convention on Human Rights — Whether State Party to European Convention precluded from deporting alien to State of nationality — The law of England

State immunity — Enforcement — Procedure — State Immunity Act 1978, Section 12 — Service of process on foreign State — The law of England