Treaties — Kinds of — Inter-Allied Declaration of 1943 against Acts of Dispossession in Territories under Enemy Occupation or Control — Whether Amounting to a Treaty.

Treaties — Interpretation of — Changed Conditions — Interpretation of Hague Regulations in Light of Changed Conditions of Warfare Since 1907

War — In General — Miscellaneous — War of Agression — Purported Title Acquired by Occupant in War of Agression

Belligerent Occupation — Requisition of Private Property — Article 53 of Hague Regulations, 1907 — Seizure of Oil Installations — Crude Oil — Whether Constituting “Munitions de Guerre” — Interpretation of Hague Regulations in Light of Changed Conditions of Warfare Since 1907 — Nature of Title Acquired by Occupant — Whether Occupant Can Acquire Title in Crude Oil by Specification — Acquisition of Title in a War of Aggression — Maxim Ex Injuria Jus Non Oritur — Inter-Allied Declaration of 1943 Concerning Spoliation by Enemy Powers — Whether Amounting to a Treaty

Jurisdiction — Territorial — Conspiracy — Agreement concluded outside territorial jurisdiction — Continuation of agreement within territory — Acts within territory in furtherance of conspiracy — Acts of parties to agreement — Conspiracy aimed at State asserting jurisdiction — Whether sufficient to confer jurisdiction even where no acts take place within the territory of that State — Presumption against extraterritorial effect of legislation — When rebutted

Extradition — Double criminality — Jurisdiction — Whether crime would have been within jurisdiction of requested State — The law of Hong Kong

Aliens — Position of — Respect for property — Seizure of assets under trading with the enemy legislation — Enemy character of corporation organized in territory occupied by Germany during Second World War — Time at which enemy character determined — The law of the United States of America.

War — In general — Effects of outbreak of war — Trading with the enemy — Vesting of assets of enemy persons under municipal legislation — Enemy character of corporation organized in territory occupied by Germany during Second World War — Time at which enemy character determined — The law of the United States of America.

State Responsibility — Miscellaneous — Expression “acts committed” — Meaning of.

Court of Justice of the European Communities — Functions Whether it is part of Court's duty to ensure respect for municipal law of member States — Power of Court to interpret or apply constitutional law of member States.

Court of Justice of the European Communities — Costs — Apportionment of — Rules of Procedure, Article 69.

International organization — European Goal and Steel Community — Decisions of High Authority — Violation of substantial procedural requirement — Requirement of reasons for decisions of High Authority — Rationale of this requirement — Decision authorizing trading regulations on basis of criteria as to amount of coal bought and sold by wholesaler — Inadequate reasons for selecting and changing these criteria — Alleged violation of Treaty, Article 65 — Détournement de pouvoir — Use of powers for illegal purpose.

Human rights — Freedom from torture — Nature of prohibition of torture — Whether a rule of jus cogens — Consequences — Remedies for torture — Whether State entitled to claim State immunity when sued for torture — Whether other States required to provide remedy for acts of torture committed outside their territory — Convention against Torture, 1984, Article 14(1) — International Covenant on Civil and Political Rights, 1966, Article 14

Relationship of international law and municipal law — Customary law — Part of Canadian common law — Treaties — Effect in Canadian law of treaty not implemented by legislation — International law principles and values as aid to construction of legislation — Expert evidence on international law — Admissibility — Value

State immunity — Jurisdictional immunity — Exceptions to immunity — Commercial activity — Torts occasioning personal or bodily injury — Whether exception to immunity for non-commercial torts extends to torture committed by defendant State in its own territory — Whether there is an exception to immunity for violations of jus cogens — Canada State Immunity Act 1982

Treaties — Interpretation — Relevance of subsequent practice — Convention against Torture, 1984 — Practice of States Parties — Reports to Committee against Torture — Response to declaration by United States of America — The law of Canada

International tribunals — Jurisdiction — Admissibility — United Nations Convention on the Law of the Sea, 1982 (“UNCLOS”) — Annex VII tribunal — Scope of jurisdiction — Whether restricted to alleged violation of UNCLOS — Other international court seised of case — Whether tribunal should defer to other court — Suspension of proceedings — Whether precluding exercise of provisional measures jurisdiction

International tribunals — Provisional measures of protection — Criteria — Urgency — Need for measures to preserve rights of either party — Equality between parties — Prevention of serious harm to the marine environment

Sea — Marine environment — UNCLOS — Protection of marine environment — Use of provisional measures jurisdiction

Human rights — Discrimination — European Convention on Human Rights, 1950, Article 14 — Scope — Requirement that Article 14 be taken in conjunction with another provision of Convention — No requirement of separate violation of other provisions — Discrimination contrary to Convention if State accords greater benefits than those required by provision of Convention but does so in a discriminatory fashion — Sex discrimination — Husband of woman lawfully settled in United Kingdom not permitted to settle in United Kingdom on same terms as wife of man lawfully settled in United Kingdom — Race discrimination — Preferential treatment for husbands of women possessing United Kingdom citizenship by birth in United Kingdom or with a parent born in the United Kingdom — Whether legitimate

Human rights — Private and family life — Duty of State to respect — Whether requiring State to permit alien husband of woman lawfully settled in State to settle with her — Inhuman and degrading treatment — Whether refusing him permission to reside in State with his wife inhuman and degrading treatment — European Convention on Human Rights, 1950, Articles 3 and 8

Human rights — Remedies in national law — Duty to provide remedies for violation of Convention rights — Convention not incorporated into English law — Whether remedy for breach of Convention available under English law — European Convention on Human Rights, 1950, Article 13

Human rights — Immigration — Right of entry — Protocol No. 4 to European Convention on Human Rights, 1950 — Whether other provisions of Convention applicable to immigration matters

Aliens — Immigration — Right of entry — Whether State required to admit alien husband to reside with wife lawfully settled in State

Damages — Human rights violation — Non-pecuniary damage — Whether declaration of violation of Convention sufficient satisfaction — European Convention on Human Rights, 1950, Article 50

Relationship of international law and municipal law — Treaties — Status of European Convention on Human Rights, 1950, in English law — Duty of State party to Convention to provide remedy under national law

Permanent diplomatic envoys — Privileges and Immunities of — Official residence of diplomatic envoy — Whether offences committed In Embassy premises fall within jurisdiction of local courts — Embassy servants — Relevance of nationality of persons charged — The law of Argentina.

International criminal law — Crimes against humanity — Violations of the laws or customs of war — Statute of the International Criminal Tribunal for the former Yugoslavia — Geneva Conventions — Common Article 3 — Retrial — Joint criminal enterprise — Requirements — Common purpose — Evidence required to sustain finding of joint criminal enterprise — Individual criminal responsibility — Direct and circumstantial evidence — Murder — Torture — Persons taking no active part in hostilities

International tribunals — International Criminal Tribunal for the former Yugoslavia — Jurisdiction — Residual clause — Retrial — Witness credibility

War and armed conflict — Armed conflict — Non-international armed conflict — Definition — Existence of armed conflict in Kosovo in 1998 — Intensity of fighting — Organization of armed groups — De facto and de jure control — Detainees — Protected persons — Civilians

The individual in international law — Aliens — Position of — Respect for property — Expropriation — Whether public administration of property tantamount to expropriation — Necessity for full, prompt and effective compensation — The law of Austria.

Treaties — Interpretation of — Principles and rules of — Vienna Convention on the Law of Treaties (Article 31) — “Ordinary meaning in context” — Annex to Treaty — Case of conflict between terms of Annex and terms of Treaty — Whether terms of Treaty to prevail — Interpretation in light of objectives and principles underlying Treaty — Consideration of preparatory work — London Agreement on German External Debts, 1953 (Article 19) — Annex I, paragraph 11 — Graeco-German Mixed Arbitral Tribunal Awards — Provision for settlement of claims by negotiation — Nature of obligation on parties — Definition — Undertaking to confer with view to reaching an agreement.

Disputes — Negotiation — Pactum de negotiando — Legal consequences — London Agreement on German External Debts, 1953 (Article 19) — Annex I, paragraph 11 — Graeco–German Mixed Arbitral Tribunal awards — Provision for settlement of claims by negotiation — Nature of obligation on Parties — Definition — Undertaking to confer with view to reaching an agreement — Obligation to make every reasonable effort, within a reasonable time, to reach agreement-Principles to guide negotiations.

Arbitration — Award — Partial annulment — Judicial review — Supplementary reasons for judgment — Whether appropriate case to correct Order flowing from reasons of judgment — Section 34(4) of International Commercial Arbitration Act — Adjournment of judicial review proceedings — Whether appropriate — Arbitral proceedings — Whether Tribunal to be given opportunity to consider breaches of Articles 1105 and 1110 of NAFTA based on concepts within the scope of submission to arbitration — Damages — Whether Metalclad entitled to interest prior to 20 September 1997

Expropriation — Articles 1105 and 1110 of NAFTA — Annulment of part of Award relating to breaches involving decisions beyond scope of submission to arbitration — Whether Tribunal to be given opportunity to consider breaches of Articles 1105 and 1110 of NAFTA based on concepts within the scope of submission to arbitration

Claims — Interest — Exclusion of interest in the Award — Whether breach of Articles 1105 or 1110 of NAFTA based on concepts within the scope of submission to arbitration — Whether Metalclad entitled to interest from 5 December 1995 to 20 September 1997

War — In General — Definition of — Commencement of — Japanese Attack on Pearl Harbour — Construction of Insurance Policy excluding War Risks.

State Responsibility — Vicarious Responsibility — Responsibility of United States in respect of Vessel Handed Over to Great Britain under Lend-Lease Act and Operated by Great Britain.

Jurisdiction — Over Nationals Abroad — Consular Functions with Regard to Nationals Abroad — How Far Dependent upon Express Treaty Provisions.

Arbitration — Law Applied by Arbitral Tribunals — Arbitration between Government and Private Company — Meaning of Terms “Principles of Justice, Equity and Good Conscience” as Source of Arbitral Award — Agreement Concluded by Government of Islamic Country — Construction of Agreement — Availability of Settled Law in the Islamic Country Concerned — Legal Principles Applicable to Modern Commercial Contract.

State immunity — Jurisdictional immunity — Head of State — Whether acts performed outside scope of official duties attract immunity as acts of instrumentality of State — Acts in violation of international law — Claim by alien for wrongful death resulting from torture by security forces in foreign State — Whether international law forms part of substantive domestic law providing basis for jurisdiction of United States courts — United States Alien Tort Act — Whether providing cause of action for violation of international law or purely jurisdictional — United States Foreign Sovereign Immunities Act — The law of the United States

States — Definition of State — Attributes of Statehood — Territory — Population — Government — Capacity to enter into foreign relations — Palestine Liberation Organization (“PLO”) — Whether possessing attributes of Statehood — Significance of declaration of Statehood by PLO — Significance of recognition by other States

State immunity — Jurisdictional immunity — Entitlement to immunity — PLO — Whether entitled to State immunity — Decision turning on whether PLO constituting State under international law — Foreign Sovereign Immunities Act 1976

Recognition — States — Effect of recognition — Effects in law of recognizing State — PLO — Non-recognition by the United States — Whether PLO immune from jurisdiction of United States courts due to non-recognition

Territory — State territory — Nature of territorial sovereignty — Headquarters of international organization situated within territory of State — Relationship between organization and territorial sovereign — United Nations Headquarters — Whether under sovereignty of United States — Agreement between United States and United Nations regarding the Headquarters of the United Nations, 1947

Relationship of international law and municipal law — Conduct of foreign relations — Justiciability of foreign relations questions — Political question doctrine — Criteria for determining application of — Terrorism — PLO — Action in tort brought by United States national alleging involvement of PLO in act of terrorism committed abroad — Whether justiciable

International organizations — Immunity — United Nations — Representatives accredited to international organization — Immunity from jurisdiction — Whether extending to Permanent Observers — United Nations-United States Headquarters Agreement, 1947 — Whether Headquarters Agreement conferring immunity from jurisdiction on PLO mission

Jurisdiction — Personal jurisdiction — Tort committed abroad by foreign entity — Jurisdictional requirement of forum State that foreign entity having sufficient presence within State — “Doing business” test — Action in tort brought against PLO with regard to commission of terrorist offences abroad — PLO Observer Mission at the United Nations — Whether activities undertaken by Observer Mission constituting basis for jurisdiction under “doing business” test — New York Long-Arm Statute — The law of the United States

Jurisdiction — Territorial — Limits of — Extraterritorial Application of Anti-trust Laws — Combination of Foreign and Domestic Companies in Restraint of Trade — Acts Performed in Foreign Territory by Foreign Company — Presence of Foreign Company within State of Forum — Method of Establishment of — Subsidiary and Parent Companies — The Law of the United States of America.

States as international persons — State succession — With regard to contractual obligations — Merger of States — Agreement with the former ruler granting exemptions from taxes — Whether successor bound — Continuity of the law — What is law — The constitution of India — The law of India