International organizations — Officials — Immunity from execution — International Fund for Agricultural Development (“IFAD”) — Deputy Director — Lease — Action for eviction from private residence — Whether official entitled to immunity from execution — IFAD-Italy Headquarters Agreement, 1978, Article XV, Section 36 — Officials assimilated to diplomatic agents for purposes of immunity — Waiver of immunity — Discretion of head of organization

Diplomatic relations — Immunity from jurisdiction and execution — Diplomatic agent — Vienna Convention on Diplomatic Relations, 1961, Article 31 — Exceptions to immunity — Real action relating to private immovable property situated in the territory of the receiving State — Whether including claim objecting to order for eviction from private residence — Overriding requirement of non-interference with performance of diplomatic functions — The law of Italy

International organizations — Immunity — Jurisdictional immunity — Food and Agriculture Organization of the United Nations (“FAO”) — Lease — Action to secure rent increase — Whether FAO entitled to jurisdictional immunity — FAO-Italy Headquarters Agreement, 1950 — Scope of immunity of FAO from legal process — The law of Italy

International organizations — Officials — Immunity — European Community — European Parliament — Immunity of members from criminal proceedings — Protocol on the Privileges and Immunities of the European Communities, 1965, Article 10 — Primacy of rule contained in Protocol over potentially conflicting provisions of national constitutions of Member States

Treaties — Conclusion and operation — Constitutional limitations — European Communities Merger Treaty, 1965 — Protocol on the Privileges and Immunities of the European Communities — Whether implementation requiring special constitutional amendment — Italian Constitution, Article 11 — Scope of authorization for limitations of sovereignty

Treaties — Conclusion and operation — Reciprocity — Condition for limitation of sovereignty in favour of international organizations — Whether reciprocity requiring all Member States to limit their sovereignty in the same manner — Constitutional requirements in France and Italy compared — Italian Constitution, Article 11 — Initial purpose to provide for Italian membership of United Nations — Whether fact that Italy not a permanent member of Security Council under UN Charter constituting lack of reciprocity with States which are permanent members

Human rights — Procedure for enforcement — Fundamental rights under Constitution of Italy — Protocol on the Privileges and Immunities of the European Communities — Possible conflict with fundamental rights under Italian Constitution — Constitutional review by municipal courts

Treaties — Effect in municipal law — European Communities Merger Treaty, 1965 — Protocol on the Privileges and Immunities of the European Communities — Whether Protocol forming an integral part of European Community law — Whether prevailing over potentially conflicting provisions of municipal law

Relationship of international law and municipal law — Treaties — Effect in municipal law — Protocol on the Privileges and Immunities of the European Communities — Reference to national Constitutional Court regarding constitutionality of municipal law giving effect to European Community provisions — The law of Italy

Consular relations — Immunity — Jurisdictional immunity — Employee of International Hospital of Naples — Contract of employment — Action against Board of Management for arrears of pay — Board of Management composed of foreign consuls — Whether consuls entitled to immunity from jurisdiction of municipal courts — Vienna Convention on Consular Relations, 1963, Article 43 — Acts performed in the exercise of consular functions — Scope — Italy-United Kingdom Consular Agreement, 1954, Articles 18 and 34

International organizations — Jurisdictional immunity — International Hospital of Naples — Legal status — Employee — Contract of employment — Action against Board of Management for arrears of pay — Board of Management composed of foreign consuls — Whether members of Board entitled to jurisdictional immunity as representatives of hospital — The law of Italy

Consular relations — Immunity — Jurisdictional immunity — National of receiving State employed by consul as commercial secretary — Contract of employment — Claim for unfair dismissal — Whether consul entitled to immunity from jurisdiction of municipal courts — Vienna Convention on Consular Relations, 1963, Article 43 — Acts performed in the exercise of consular functions — Nature of employment relationship — The law of Italy

Diplomatic relations — Immunity — Diplomatic agent — Immunity from civil jurisdiction — Vienna Convention on Diplomatic Relations, 1961 — Article 31(1)(a) — Whether declaratory of customary international law — Exceptions to immunity — Real action relating to private immovable property situated in the territory of the receiving State — Whether including claims for vacation of apartment required for personal use

Treaties — Principles of interpretation — Vienna Convention on the Law of Treaties, 1969 — Articles 31 and 32 — Restrictive interpretation — Interpretation in accordance with rule of customary international law — Vienna Convention on Diplomatic Relations, 1961, Article 31(1)(a) — The law of Italy

Consular relations — Immunity — Jurisdictional immunity — National of receiving State employed by consul for secretarial and administrative duties — Contract of employment — Claim for arrears of pay following retirement — Whether consul entitled to immunity from jurisdiction of municipal courts — Vienna Convention on Consular Relations, 1963, Article 43 — Italy-United Kingdom Consular Agreement, 1954 — Acts performed in the exercise of consular functions — Whether nature of employment relationship decisive — Restriction of immunity to cases where actual likelihood of interference with performance of consular functions

Sources of international law — Treaties — European Convention on State Immunity, 1972 — Whether declaratory of existing rules of customary international law — Doctrine of restrictive immunity in relation to contracts of employment with nationals of forum State — Extension by analogy to consular immunity — The law of Italy

International organizations — Immunity — Jurisdictional immunity — Food and Agriculture Organization of the United Nations (“FAO”) — Employment dispute — Head telephonist — Action brought before Italian courts for reinstatement following dismissal — Whether FAO entitled to jurisdictional immunity — FAO-Italy Headquarters Agreement, 1950, Article VIII (Section 16) and Article VII (Section 14) — Scope of immunity of FAO from legal process — Whether application of general rules of customary international law on immunity of international organizations excluded by specific treaty provisions on immunity of FAO — Convention on Privileges and Immunities of Specialized Agencies of the United Nations, 1947, Article IX (Section 31(a)) — Requirement for specialized agencies to make provision for settlement of disputes — Resolution No 71 (1953) adopted by FAO — Express acceptance by FAO of jurisdiction of Administrative Tribunal of the United Nations over employment disputes — Whether excluding jurisdiction of courts of forum State

Treaties — Interpretation — Principles of interpretation — Subsequent practice in the application of the treaty — Vienna Conventions on the Law of Treaties, 1969 and 1986, Article 31(3) — Whether reflecting existing rule of customary international law applicable to international agreements concluded prior to Vienna Conventions — FAO-Italy Headquarters Agreement, 1950 — Interpretation — Relationship to Convention on the Privileges and Immunities of the Specialized Agencies of the United Nations, 1947 — Complementary nature of relationship pursuant to Article XVII (Section 34) of Agreement

Treaties — Conclusion and operation — Constitutional limitations — FAO-Italy Headquarters Agreement, 1950 — Immunity of FAO from claims arising from employment disputes — Acceptance by FAO of jurisdiction of Administrative Tribunal of the United Nations for the settlement of employment disputes — Whether exclusion of jurisdiction of courts of forum State violating Italian Constitution — Right of individuals to judicial protection (Article 24) — Limitations of sovereignty justified in interests of international organizations (Article 11)

Sources of international law — Treaties — Vienna Conventions on the Law of Treaties, 1969 and 1986 — Article 31(3) — Whether declaratory of existing rule of customary international law so as to circumvent non-retroactivity of Treaties under Article 4 — The law of Italy

State immunity — Attachment and execution — Criteria for determining which assets immune from attachment and execution — Property not specifically designated for fulfilment of sovereign functions — Ship owned by foreign State company — Whether liable to attachment to secure payment of debts guaranteed by foreign State — Principles of customary international law governing immunity of assets of foreign States from enforcement jurisdiction in forum State — Distinction between jurisdictional immunity and immunity from execution — Distinction between immunity from execution and immunity from attachment

State immunity — Attachment and execution — Requirement of ministerial authorization — Legality — Property not specifically designated for fulfilment of sovereign functions — Italian Law No 1263 of 1926 — Whether authorization requirement violating constitutional right of individuals to judicial protection — Italian Constitution, Article 24

States — Conduct of foreign relations — Foreign policy interest of executive in preserving good relations with other States — Whether justifying curtailment of constitutional right of individuals to judicial protection — Rule requiring ministerial authorization for judicial enforcement against property of foreign States in forum State — Alternatives available to executive in order to avoid damage to its foreign relations — The law of Italy

Human rights — Freedom of movement — Right to leave country of nationality — Confiscation of passport by State of nationality following conviction for illegal drug smuggling charges — Whether constituting a restriction on freedom of movement — International Covenant on Civil and Political Rights, 1966, Article 12 — The law of the Netherlands

Sea — High seas — Jurisdiction — Over ship used for unauthorized broadcasting — Dutch national making unauthorized broadcasts to the Netherlands from foreign ship on high seas — Seizure of ship and radio equipment by Dutch authorities — Whether having jurisdiction — Whether jurisdiction of flag State exclusive — Whether Dutch court having competence to determine ship’s entitlement to fly flag of foreign State — Geneva Convention on the High Seas, 1958, Articles 5(1) and 6(1)

Sources of international law — Customary international law — State practice — Provisions in draft treaty concerning law of the sea — Significance of acceptance of provision by majority of maritime States

Jurisdiction — Personal — Nationals on the high seas — Unauthorized broadcasting from foreign ship — Whether flag State having exclusive jurisdiction — The law of the Netherlands

Economics, trade and finance — Export licencing system — Arms sales — Legislative ban on arms sales prejudicing “the interests of the international legal order” — Interests of international legal order requiring States to maintain friendly relations with each other — Proposed sale of submarines by Netherlands corporation to Nationalist Republic of China (Taiwan) — Sale causing serious and prolonged disturbance of the Netherlands relations with the People’s Republic of China — Whether sale prejudicing the interests of the international legal order — Whether interests of international legal order outweighed by necessity to maintain freedom of international trade

Treaties — Effect in municipal law — Aid to interpretation of municipal legislation — Dutch Import and Export Act — Prohibition of arms sale having prejudicial effect on “the interests of the international legal order” — Interpretation of “the interests of the international legal order” under Dutch law — Requirement that States maintain friendly relations with each other — Confirmation of interpretation by reference to international treaties — Charter of the United Nations, 1945 — Vienna Convention on Diplomatic Relations, 1961 — The law of the Netherlands

Economics, trade and finance — Export licensing system — Strategic scientific equipment — Legislative ban on the export of strategic goods prejudicing “the interests of the international legal order” — Proposed sale of oscilloscope to State not a party to the Nuclear Non-Proliferation Treaty, 1968 — Evidence adduced that oscilloscope could be used by State for nuclear purposes — Whether sale prejudicing the interests of the international legal order — Whether interests of international legal order outweighed by necessity to maintain freedom of international trade — The law of the Netherlands

Rivers — International rivers — Freedom of navigation — Definition — Safety regulations — Whether constituting impediment to freedom of navigation — Revised Act Concerning Navigation of the Rhine (Act of Mannheim), 1868–1922, Article 1

Treaties — Effect in municipal law — Priority of treaty provisions over conflicting provisions of municipal law — Revised Act concerning Navigation of the Rhine (Act of Mannheim), 1868–1922, Article 1 — Whether municipal legislation in conflict with Revised Act — Primacy of Revised Act over municipal legislation — The law of the Netherlands

Sea — Ports and national waters — Freedom of navigation — Vessel discharging waste at sea — Interference with vessel by environmental group — Whether such interference justified in the public interest — Remedies against such interference

Jurisdiction — Territorial — International environmental group — Whether regional organizations distinct and separate entities — Greenpeace environmental group — Action by Greenpeace on the high seas and in foreign territorial waters against vessel discharging waste at sea — Whether Netherlands branch of Greenpeace subject to restraining order preventing it from carrying out similar action in the Netherlands

Environment — Maritime — Discharge of noxious waste at sea — Action intended to alert public opinion to dangers — Use of violence to interfere with discharge operations — Jurisdiction of municipal courts — The law of the Netherlands

Sea — Territorial waters — Innocent passage — Right of State to refuse foreign ships right of passage through territorial waters — Foreign ship on fire — Refusal by State to allow ship into territorial waters — Ship subsequently entering territorial waters in order to be beached — Whether ship entitled to right of innocent passage — Geneva Convention on the Territorial Sea and the Contiguous Zone, 1958, Articles 14 and 15 — The law of the Netherlands

Rivers — International rivers — Freedom of navigation — Definition — Certificate facilitating cross-border navigation of the River Rhine — Restriction limiting issuance of certificates to nationals of certain countries — Whether constituting impediment to freedom of navigation — Revised Act Concerning Navigation of the Rhine (Act of Mannheim), 1868–1922

Sources of international law — General principles of law — Protest and acquiescence — Estoppel — Regulations issued by International River Commission pursuant to international treaty — Unilateral modification of regulations by party to treaty — Subsequent protest by other parties — The law of the Netherlands

Claims — Enforcement of claims in foreign courts — Fraudulent claim for compensation by war criminal — Dutch national awarded compensation by Federal Republic of Germany for misappropriation of property during Second World War — Dutch national subsequently discovered to be war criminal — Decision by German court entitling Federal Republic to reclaim compensation paid — Whether claim enforceable in the Netherlands

Relationship of international law and municipal law — Recognition and enforcement of foreign judgments — Award made by court of Federal Republic of Germany — Enforcement of award in Dutch municipal courts — Whether enforcement governed by EEC Convention on the Enforcement of Judgments, 1968, or the Netherlands-Federal Republic of Germany Enforcement Treaty, 1962

Treaties — Interpretation by municipal courts — Reference to decisions of the Court of Justice of the European Community — EEC Convention on Enforcement of Judgments, 1968 — The law of the Netherlands

Jurisdiction — Personal — Nationals on the high seas — Ships — Criminal prosecution by Dutch authorities — Accused failing to observe Norwegian statutory regulations whilst master of Dutch vessel in Norwegian exclusive economic zone — Whether failure to obey regulations constituting criminal offence under Dutch law

Sea — Exclusive economic zone — Jurisdiction — Powers of Norwegian authorities to inspect Dutch fishing vessel in Norwegian exclusive economic zone — The law of the Netherlands

Economics, trade and finance — Export licencing system — Arms sales — Legislative ban on arms sales prejudicing “the interests of the international legal order” — Proposed sale of materials used in the manufacture of munitions to third State — Withholding of export licence by exporting State on ground that munitions would be re-exported from third State to belligerent State — Whether sale of materials to third State having a prejudicial effect on the interests of the international legal order — Whether interests of international economic order outweighed by necessity to maintain freedom of international trade

War and armed conflict — Effect of war — On private contracts — Agreement by corporation in exporting State to supply materials for use in manufacture of munitions to corporation in third State — Exporting State refusing to grant export licence on grounds that munitions would be re-exported to a belligerent State — The law of the Netherlands