The individual in international law — Aliens — Expulsion of — Procedure of expulsion — Convention Relating to the Status of Refugees, 1951 — Basque refugees of Spanish nationality in France — Associations with Basque nationalist movement — Decision to deport refugees without first resorting to statutory appellate procedure — Article 31 of the Convention — Contracting States not to impose penalties on refugees “on account of their illegal entry or presence” — Whether refugees entitled to invoke Article 31 are to be considered as having entered French territory lawfully — Article 32 — “Decision reached in accordance with due process of law” — Whether recourse to appeal procedure must precede any decision to expel or merely precede implementation of such decision — Exception in cases of compelling reasons of national security — Circumstances warranting such exception — The law of France

The individual in international law — In general — Human rights and freedom — European Convention on Human Rights, 1950 — Expulsion of aliens — Lack of right of appeal where alien resident in receiving State for less than a yea — Whether violating provisions of Convention — Article 6(1) — Right to fair hearing by independent tribunal — Article 13 — Right to effective remedy before national authority — Whether Article 13 has direct effect in municipal legal system — Article 8 — Right to respect for family life — Whether a civil right under Article 6(1) — Whether expulsion violating Article 8 where family reunion possible in State of origin — Whether Article 6 implying right of alien to attend hearing and to await hearing in receiving State — The law of the Netherlands

Treaties — Conclusion and operation — Necessity for municipal legislation — European Convention on Human Rights, 1950 — Article 13 — Whether directly effective in municipal legal system — The law of the Netherlands

The individual in international law — Aliens — Expulsion of — Procedure — Lack of right of appeal where alien resident in receiving State for less than a year — Whether a violation of European Convention on Human Rights, 1950 — Article 6(1) — Right to fair hearing by independent tribunal — Article 13 — Right to effective remedy before national authority — Whether Article 13 has direct effect in municipal legal system — Article 8 — Right to respect for family life — Whether a civil right under Article 6(1) of Convention — Whether expulsion violates Article 8 where family reunion possible in State of origin — Whether Article 6 implies right of alien to attend hearing and to await hearing in receiving State — The law of the Netherlands

The individual in international law — Extradition — Conditions of — Requirement of double criminality — To be determined at date of request for and decision on extradition and not at time of commission of alleged offence — European Convention on Extradition, 1957, Article 2 — Requirement that prosecution for same offence in requested State not barred by prescription — Whether to be determined on same basis — Dutch Extradition Act, Article 9(1)(e) — The law of the Netherlands

The individual in international law — Extradition — Conditions of — Offence committed against nationals of requesting State outside its territory by a foreign national — Provisional detention pending extradition — Whether request for extradition admissible — Whether French law of 11 July 1975 may be applied retroactively — The law of France

The individual in international law — Extradition — Conditions of — European Convention on Extradition, 1957, Article 11 — Application by analogy — Customary international law — Admissibility of extradition in respect of offences punishable with death — France-Netherlands Extradition Treaty, 1895 — The law of the Netherlands

The individual in international law — Extradition — Conditions of — Double criminality — Whether a requirement in principle — Relevance of foreign law — Evidence — Extradition Act 1870 — The law of England

The individual in international law — Miscellaneous — Refugees — Application for refugee status whilst extradition request pending — Grant of extradition not to be defeated by declaration of refugee status — Geneva Convention Relating to the Status of Refugees, 1951, Articles 1(F) and 33 — European Convention on Extradition, 195 7, Article 3(2) — Whether criteria for determining the existence of threat on account of race, religion, nationality or political opinion the same under both Conventions — The law of the Netherlands

The individual in international law — Extradition — Procedure — European Convention on Extradition, 1957, Article 3(2) — Geneva Convention Relating to the Status of Refugees, 1951, Articles 1(F) and 33 — Dutch Extradition Act 1967, Articles 10(1) and 30(2) — Application for refugee status and contemporaneous request for extradition — Whether priority to be given to extradition request — Whether criteria for determining the existence of threat on account of race, religion, nationality or political opinion the same under both Conventions — Grant of extradition not to be defeated by declaration of refugee status — The law of the Netherlands

International law in general — Sources — Judicial interpretation — Uniformity and universality — Definition of political offence as exception to extradition — Whether a rule of international law — The law of Sudan

International law in general — International comity — Extradition — Extradition Political offence exception — Whether granted as a matter of comity in practice between State — Whether a rule of international law — The law of Sudan

Jurisdiction — In general — Territorial — Territorial limits of jurisdiction — Extradition — Whether courts of requesting State can question extradition order of extraditing State — The law of Sudan

War and neutrality — War in general — Definition and technical meaning of war — Meaning of term “waging war” — The law of Sudan

The individual in international law — Extradition — Political crimes — Exception to extradition — Whether granted as a matter of comity in practice between States — Sources of international law — Whether a rule of international law — Definition of political offence — Judicial interpretation — Uniformity and universality — Uganda-Sudan Extradition Treaty — Territorial jurisdiction — Whether courts of requesting State can question extradition order of extraditing State — War — Meaning of term “waging war” — Mercenary — Definition — The law of Sudan

The individual in international law — Extradition — In general — Extradition treaties — Whether normally create rights and duties for individuals — Whether application of treaty by requesting State may be examined by courts of requested State — Whether courts of requested State may examine legality of extradition under law of requesting State — The law of the Federal Republic of Germany

The individual in international law — Extradition — Political crimes — Whether possible political motivation for criminal offence sufficient to render it “political” — Membership of terrorist organization — Extradition treaties — Whether creating rights and duties for individuals — Whether treaty prohibition on extradition for political offences may be invoked to protect interests of individuals — Whether application of treaty by requesting State may be examined by courts of requested State — Whether courts of requested State may examine legality of extradition under law of requesting State — Germany-Greece Extradition Treaty, 1907 — The law of the Federal Republic of Germany

The individual in international law — Extradition — Political crimes — European Convention on Extradition, 1957, Article 3(1) — Member of ‘Red Army’ terrorist group — Offences committed to put pressure on Federal German Government — Predominant importance of political aspect of offences — Offences connected with political offences — Requirement of double criminality — Article 2 of the Convention — The law of the Netherlands

International law in genera — Relation to municipal law — Treaties — Treaty provision in conflict with prior municipal law — Primacy of treaty provision — French Constitution, Article 55 — The law of France

The individual in international law — Aliens — Expulsion of — Right of expulsion — Prohibition on the expulsion of refugees — Geneva Convention Relating to the Status of Refugees, 1951, Article 33 — Conditions for being granted status of refugee under Article 1A(2) of the Convention — Fear of persecution — The law of France

Treaties — Conclusion and operation — Constitutional limitations — Whether provision of municipal law overrides subsequent treaty provision — French Constitution, Article 55 — Superiority of treaties over laws — France-Federal Republic of Germany Extradition Treaty, 1951 — The law of the France

The individual in international law — Extradition — Political crimes — Definition — Request for extradition of lawyer accused of assisting persons under arrest in requesting State — Whether rendering such assistance a political offence where persons under arrest are terrorists attempting to overthrow political order in requesting State — France-Federal Republic of Germany Extradition Treaty, 1951 — Primacy of treaty provision over prior municipal law — French Constitution, Article 55 — Whether refugee status claimable as bar to extradition — Fear of persecution — Geneva Convention Relating to the Status of Refugees, 1951, Articles 1 A (2) and 33 — The law of France

The individual in international law — Extradition — Political crimes — Exceptions to prohibition on extradition for political crimes — Deliberate crimes against life — Definition — Membership of terrorist organization aiming to commit such crimes — Whether per se amounts to complicity in such crimes — Definition of political crimes — Whether a matter for municipal law of requested State — Federal Republic of Germany-Yugoslavia Extradition Treaty, 1970 — The law of the Federal Republic of Germany

Diplomatic and consular intercourse and privileges — Permanent diplomatic envoys — Privileges and immunities of — Diplomatic envoys and their staff — Commercial representative attached to embassy — Whether entitled to immunity from criminal jurisdiction of municipal courts — Whether a member of administrative and technical staff of embassy — Inviolability of person, private residence and property — Vienna Convention on Diplomatic Relations, 1961, Articles 29, 30 and 37 — The law of France

Diplomatic and consular intercourse and privileges — Permanent diplomatic envoys — Privileges and immunities of — Diplomatic envoys and their staff — First secretary attached to embassy — Immunity from divorce proceedings before municipal courts — Waiver — Conditions for — Vienna Convention on Diplomatic Relations, 1961, Articles 31 and 32 — The law of France

Treaties — Conclusion and operation — Constitutional limitations — French Constitution, Articles 55 and 61 — Superiority of treaties over laws — Whether an absolute principle — Whether French Constitutional Council has power to ensure respect for this principle within framework of examination of conformity of law with Constitution under Article 61 — Conflict between treaty and subsequently enacted municipal law — The law of France

International organization and administration — Other international organizations and organs of international administration — European Economic Community — European Assembly — Provisions for direct elections of representatives by peoples of Member States — Decision of Council of European Communities of 20 September 1976 — Whether necessitates modification of European Community Treaties — Whether violates national sovereignty of Member States — Whether violates French Constitution — The law of France

Treaties — Conclusion and operation — Constitutional limitations — French Constitution, Article 54 — International commitments containing clauses contrary to Constitution — Decision of Council of European Communities, 20 September 1976 — Provision for direct elections to European Assembly in Member States — Whether contrary to French Constitution — Whether violating sovereignty of France — Whether necessitating modification of European Community Treaties and amendment of French Constitution — The law of France

International law in general — Relation to municipal law — Recognition of foreign divorce — Hague Convention on Recognition of Divorces and Legal Separations, 1971 — Use of provisions as aid to construction of municipal enabling legislation — The law of England

Treaties — Conclusion and operation — Operation and enforcement — Necessity for municipal legislation — Hague Convention on the Recognition of Divorces and Legal Separations, 1970 — Recognition of Divorces and Legal Separations Act 1971 — Construction of — Convention as aid to construction — Ambiguity or obscurity in legislation — Adoption of meaning consistent with treaty — Recognition of Pakistani divorce — Whether “judicial or other proceedings” — Meaning of “other” — The law of England

International law in general — Relation to municipal law — Multilateral treat — Incorporation into domestic law — Convention on Execution of Foreign Arbitral Awards, 1927 — Arbitration Act 1930 — Orders in Council — Continuance in force under Arbitration Act 1950 — The law of Scotland

States as international persons — In general — Continuity of States — Whether affected by replacement of monarchy with republican constitution — The law of Scotland

Treaties — Interpretation of — Principles and rules of interpretation — Peace Treaty with Romania, 1947 — Article 10 — Reference to bilateral treaties — Whether applicable to multilateral treaties — The law of Scotland

War and neutrality — War in general — Effects of outbreak of war — On treaties — Convention on the Execution of Foreign Arbitral Awards, 1927 — Continuity of treaty relations despite territorial and constitutional changes — Treaty of Peace with Romania, 1947 — The law of Scotland

Treaties — Termination of — By operation of law — Outbreak of war — Effect on pre-war treaties and Orders in Council — Convention on the Execution of Foreign Arbitral Awards, 1927 — Contractual dispute — Reference to foreign arbitration — Enforcement of award — Post-war requirement of notification to revive bilateral treaties — Whether applicable to multilateral treaties — Treaty of Peace with Romania, 1947 — Survival of multilateral treaties in the event of outbreak of war — Survival despite internal constitutional change — Cession of territory — Internal constitutional change — Effects on continuance in force of treaty obligations — Arbitration Act 1950 — The law of Scotland

The individual in international law — Aliens — Admission of — Entitlement to residence permit — “Family members” of resident foreign workers — Definition — Federal Republic of Germany-Spain Treaty of Establishment, 1970, Article 2(2) — The law of the Federal Republic of Germany

Treaties — Interpretation of — Principles and rules of interpretation — Term used but not defined in bilateral treaty — Restrictive interpretation — Interpretation by reference to purpose of treaty — Term “family members” — Which members of family covered — Federal Republic of Germany-Spain Treaty on Establishment, 1970, Article 2(2) — Entitlement of aliens to residence permit — The law of the Federal Republic of Germany

Treaties — Interpretation of — Multilingual treaties — Languages equally authentic — Recourse to foreign language text as interpretative aid — Whether English court can resort to French language text — Whether necessary to prove ambiguity in English text as justification — Convention on the International Carriage of Goods by Road, 1956 — The law of England

Treaties — Interpretation of — Principles and rules of interpretation — Treaty incorporated into domestic law by statute — Departure from traditional rules of statutory interpretation in domestic law — Objective of uniform interpretation and application of treaty provisions in State parties — Whether permissible to fill lacuna in language by judicial legislation — Recourse to foreign language version of treaty as interpretative aid — Ambiguity in English text not required — Whether expert evidence on meaning of foreign language necessary — Convention on the International Carriage of Goods by Road, 1956 — The Carriage of Goods by Road Act 1965 — The law of England