Human rights — Freedom of expression — Press freedom — Injunction on distribution of magazine issue — Grounds for injunction — Applicability of international instruments — National security — Whether magazine article promoting war and inciting violence contrary to Act on Public Information and Constitutional Order

Relationship of international and municipal law — Treaties — International Covenant on Civil and Political Rights, 1966 — European Convention on Human Rights and Fundamental Freedoms, 1950 — Whether applicable — Whether restrictions on freedom of press contrary to international instruments — Whether national security valid ground for injunction — The law of Serbia

Diplomatic relations — Immunity — Family of diplomatic agent — Transit through third State — Immunity from criminal jurisdiction — Wife of diplomatic agent travelling separately from her husband — Scope of immunity — Waiver — Vienna Convention on Diplomatic Relations, 1961 — Articles 40(1) and 32 — The law of Belgium

Aliens — Expulsion of — Right of expulsion — Whether deportee entitled to choose destination — The law of Canada.

State immunity — Jurisdictional immunity — Proceedings for registration of foreign judgment — Commercial transaction to guarantee bonds — Whether immunity exception for proceedings concerning “commercial transactions” applicable — Foreign States Immunities Act 1985 (Cth), Sections 9 and 11(1)

State immunity — Immunity from execution — Whether property “in use” or “set aside” for non-commercial purpose — Whether immunity exception for “commercial property” applicable — Whether bank accounts immune from execution — Foreign States Immunities Act 1985 (Cth), Sections 30 and 32(1)

Relationship of international law and municipal law — International law on State immunity — Customary international law — Australia’s obligations under international law — Foreign States Immunities Act 1985 (Cth) — Interpretation — Whether immunity extending to commercial transactions — Whether Immunities Act inconsistent with Foreign Judgments Act 1991 (Cth) — The law of Australia

State responsibility — For wrongs unconnected with contractual obligations — Acts and omissions of State organs — Executive inaction — Damage caused in territory of dependent State — Executive authority in dependent State exercised by protecting State — Lack of diligence of French police in Tunisia before establishment of independent sovereign State of Tunisia — Whether France or Tunisia liable for damage caused.

Dependent States — Status of Tunisia before establishment of independent sovereign State of Tunisia — Exercise of executive power by French authorities — Claim for damages for alleged lack of diligence of French authorities — Whether France or Tunisia liable.

Jurisdiction — International Court of Justice — Advisory jurisdiction — United Nations General Assembly adopting Resolution ES-10/14 — General Assembly requesting advisory opinion on question set forth in resolution — Competence of Court — Article 65(1) of Statute of International Court of Justice — Competence of General Assembly — United Nations Charter, Articles 96(1), 10 and 11(2) — Whether General Assembly exceeding its competence — Whether General Assembly contravening Article 12(1) of Charter — Interpretation of Article 12 — Validity of request — General Assembly’s Tenth Emergency Special Session — Whether properly seised under Resolution 377 A (V) of matter before Court — Whether question submitted to Court of legal character — Alleged lack of clarity of terms of request — Whether having effect on legal nature of question — Political aspects — Whether depriving question of legal character — Whether depriving Court of competence

Jurisdiction — International Court of Justice — Advisory jurisdiction — Discretionary power — Judicial propriety — Whether compelling reason for Court not to comply with request for advisory opinion — Relevance of Israel’s lack of consent to judicial settlement — Whether advisory opinion impediment to solution to Israeli-Palestinian conflict — Whether Court having sufficient information and evidence — Relevance of opinion’s usefulness — Whether Israel’s good faith and “clean hands” argument compelling reason for Court to decline request

Territory — Occupied Palestinian Territory — Occupying Power Israel constructing wall in Occupied Palestinian Territory — Whether contrary to international law — Relevant rules and principles of international law — United Nations Charter — Other treaties — Customary international law — Relevant General Assembly and Security Council resolutions adopted pursuant to Charter — Applicability to Palestinian Occupied Territory — Occupied territory — Definition — Status — Territorial acquisition by threat or use of force — Self-determination of peoples — International humanitarian law — International human rights conventions — Whether wall as routed gravely infringing human rights of Palestinians residing in occupied territory — Whether wall necessary to attain Israel’s security objectives — Whether justified by military exigencies, national security or public order

Territory — Status — Occupation — Occupied territories in which Israel having status of occupying Power — Customary international law — Article 42 of Hague Regulations of 1907 — Threat or use of force — Article 2(4) of United Nations Charter — Territorial acquisition resulting from threat or use of force — Illegality — Security Council Resolution 242 (1967) — General Assembly Resolution 2625 (XXV) (1970) — Whether wall tantamount to de facto annexation

War and armed conflict — International humanitarian law — Treaties — Fourth Geneva Convention relative to Protection of Civilian Persons in Time of War, 1949 — Applicability to Occupied Palestinian Territory — Hague Regulations annexed to Fourth Hague Convention on Laws and Customs of Warfare on Land, 1907 — Customary international law

Human rights — International human rights law — Treaties — International human rights conventions to which Israel party — International Covenant on Civil and Political Rights, 1966 — International Covenant on Economic, Social and Cultural Rights, 1966 — Convention on the Rights of the Child, 1989 — Applicability to Occupied Palestinian Territory — Relationship between international humanitarian law and human rights law — Applicability of human rights instruments outside national territory

Human rights — Right of peoples to self-determination — United Nations Charter — General Assembly Resolution 2625 (XXV) (1970) — International Covenants on Human Rights, 1966, Article 1 — Right erga omnes — Whether Israel breaching obligation to respect right of Palestinian people to self-determination — Israeli settlements in Occupied Palestinian Territory — Whether contrary to Article 49(6) of Fourth Geneva Convention, 1949 — Legal validity — Whether wall tantamount to de facto annexation — Whether altering demographic composition

Human rights — Rights of Palestinians residing in territory occupied by Israel — Whether Israel’s routed wall gravely infringing those rights — Destruction or requisition of properties — Demographic changes — Right to freedom of movement — Right to work — Right to adequate standard of living — Right to health — Right to education — Hague Regulations, 1907, Articles 46 and 52 — Fourth Geneva Convention, 1949, Articles 53 and 49(6) — Security Council Resolutions 446, 452 (1979) and 465 (1980) — International Covenant on Civil and Political Rights, 1966, Article 12(1) — International Covenant on Economic, Social and Cultural Rights, 1966, Articles 6, 7, 11, 12, 13 and 14 — United Nations Convention on the Rights of the Child, 1989, Articles 16,24,27 and 28 — Whether Israel in breach of obligations under international law

Terrorism — War and armed conflict — Israel claiming wall to protect from terrorist attacks — Self-defence — Article 51 of United Nations Charter — Whether relevant — Security Council Resolutions 1368 and 1373 (2001) — Whether Israel could invoke — State of necessity — Whether construction of wall only way for Israel to safeguard essential interest against grave and imminent peril

State responsibility — Legal consequences arising from Israel’s construction of wall — Whether responsibility of Israel engaged under international law — Whether Israel bound to comply with its international obligations — Whether Israel obliged to put an end to any internationally wrongful act — Obligations upon all States under United Nations Charter and international law — Additional obligation upon States parties to Fourth Geneva Convention, 1949 — Obligation upon both Israel and Palestine to observe rules of international humanitarian law — Protection of civilian life — Requirement of implementation in good faith of all relevant Security Council resolutions

Damages — Reparation — Whether Israel under obligation to make reparation for all damage caused by construction of wall — Customary international law — Restitution in kind — Payment of equivalent sum — Compensation in accordance with applicable international law rules

War and armed conflict — Israeli-Palestinian conflict threatening international peace and security — United Nations Charter — United Nations — Organs — General Assembly — Security Council — Article 12 of United Nations Charter — Whether any further action required — Requirement of implementation in good faith of all relevant Security Council resolutions — Security Council Resolutions 242 (1967) and 338 (1973) — “Roadmap” approved by Security Council Resolution 1515 (2003) — Negotiated solution to outstanding problems — Establishment of Palestinian State — Peace and security in Middle East region

State Responsibility — Claims — In General — Right of Claimant to Change Legal Basis of Action — Substitution of Claim to Arbitrate under Treaty for Claim Based on General International Law.

State Responsibility — Prescription — Extinctive Prescription — Extent of Application of Principle — Absence of Rule Laying Down Time Limit — Allegations of Undue Delay — Relevance to Evidential Requirements.

Treaties — Interpretation of — Principles and Rules of — Interpretation of Expressions “Justice”, “Right” and “Equity” by Reference to Rules of Municipal Law of Signatory — Interpretation of Expression “Free Access to the Courts” — “Administration of Justice” Interpreted as Subject Matter Allied to “Commerce and Navigation” in Most-Favoured-Nation Treaty — Interpretation by Reference to Customs of Period of Signature of Treaty — Interpretation by Reference to Intention of the Parties

Treaties — Special Kinds of Treaties — Commercial Treaties — Most-Favoured-Nation Clause — Nature of — Power to Attract Only Matters of Same Category of Subject — “Administration of Justice” as Subject Allied to “Commerce and Navigation” — Inability to Incorporate in Treaty Provisions of International Law — Guarantee of “Justice”, “Right”, “Equity”, “ Free Access to the Courts” — Meaning of These Terms

Arbitration — Evidence — Rules of — Burden of Proof — Allegation of Denial of Justice — Need to Prove Existence of Remedies Not Used — Contention that Available Remedies Ineffective — Test of Assumption of Truth of Facts Claimed.

State Responsibility — For Breaches of Contractual Obligations — Allegation of Breach of Contract of Sale — Finding that No Binding Agreement Reached — Allegation of Delay in Presenting Claim — Prescription — Absence of Rule of International Law Laying Down Time Limit — Right of Claimant to Change Legal Basis of Action — Substitution of Claim to Arbitrate under Treaty for Claim Based on General International Law — Most-Favoured-Nation Clause — Nature of — Power to Attract Only Matters of Same Category of Subject — “Administration of Justice” as Subject Allied to “Commerce and Navigation” — Inability to Incorporate in Treaty Provisions of International Law — Interpretation of Treaty — Interpretation of Expressions “justice”, “right” and “equity” by Reference to Rules of Municipal Law of Signatory — Interpretation of Expression “free access to the courts” — What Constitutes Denial of Access — Defence of Non-exhaustion of Legal Remedies — Burden of Proof in Arbitration Proceedings — Need to Prove Existence of Remedies Not Used — Contention that Available Remedies Ineffective — Test of Assumption of Truth of Facts Claimed — Need for Exhausting Whole System of Legal Protection of Municipal Courts — Failure to Call Available Witness — Failure to Exhaust Appellate Rights — Failure to Put Forward Claim in Municipal Courts.

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

Jurisdiction — Territorial — Foreign armed forces — Civil jurisdiction of receiving State — United States forces stationed in Spain — Act of United States serviceman in performance of official duties — Claim brought by private individual for damages arising from act — Treaty of Friendship and Cooperation between Spain and the United States, 1976

State responsibility — Acts and omissions of State organs and officials — Whether receiving State responsible for acts of visiting forces — Conditions for liability — Requirement of direct cause and effect relationship between act or omission and damage suffered — Moral damage caused by disclosure of confidential document sent by United States Naval Hospital to Spanish health authorities — Disclosure of document by local policeman — Whether giving rise to liability of Spanish Ministry of Defence — The law of Spain

Claims — Local remedies rule — Expropriation — Applicants seeking compensation — Whether claims to be pursued on governmental or individual basis — Ugandan Government requiring exhaustion of local remedies — Whether requirement according to international law — Whether Secretary of State misdirecting himself as to international law

Diplomatic relations — United Kingdom Government breaking off relations with Uganda in July 1976 — Efforts in pursuing diplomatic claims suspended — Restoration of diplomatic relations in April 1979 — Resumption of efforts regarding claims

Governments — Fundamental change of government — Overthrow of President Amin's Government in Uganda — Overthrow of President Obote's Government — Assurances from new Government of Uganda that it would honour commitments regarding compensation to British nationals — Establishment of stable administration to advantage of claimants — Requirement of time — Whether change of situation rendering appeal irrelevant

Relationship of international law and municipal law — Conduct of foreign relations — Decision of Secretary of State not to pursue claims for compensation on government-to-government basis — Decision concerning United Kingdom Government’s conduct of international relations — Exercise of prerogative power — Whether reviewable by courts — Ramifications for international relations demanding extreme caution — The law of England

War — Meaning of — Hostilities in Absence of Declaration of War — Korean Conflict — Term “War” in an Insurance Policy.

Aliens — Expulsion of — Right to Hearing Prior to Expulsion — Procedure Laid Down by Immigration Regulations — Immigration Regulation Invalid — The Law of Canada.

Human rights — State immunity — Jurisdictional immunity — Civil proceedings against foreign State for unfair dismissal from employment at embassy — Courts of forum State holding defendant State immune — Whether recognition of immunity involving a violation of right of access to courts — European Convention on Human Rights, 1950, Article 6

State immunity — Jurisdictional immunity — Employment — Proceedings for unfair dismissal from employment at embassy barred by State immunity — Whether contrary to human rights

Diplomatic relations — Locally employed staff — Dismissal — Whether sending State entitled to State immunity in proceedings for unfair dismissal from employment at embassy

International law in general — Relation to municipal law — Constitutional provisions guaranteeing human rights modelled upon European Convention for the Protection of Human Rights and Fundamental Freedoms, and Universal Declaration of Human Rights — Interpretation — The law of Antigua

The individual in international law — In general — Human rights and freedoms — Whether constitutional provisions protecting human rights apply to corporations — Freedom of expression — Restraints on publication of newspaper — Licence fee — Requirement that newspaper publisher deposit sum of money to satisfy possible libel judgment as condition of publication — Whether unlawful restraints on freedom of expression — Constitution influenced by European Convention on Human Rights and Universal Declaration of Human Rights — The law of Antigua.

Jurisdiction — Territorial Limits of — Nationalization of Company Incorporated Abroad — Whether "Successor" of Nationalized Company Entitled to Institute Proceedings for Recovery of Debt in Country of Forum — Rights of Former Shareholders of Nationalized Company When Resident in Country of Forum — The Law of Austria.

Recognition of Acts of Foreign States — Foreign Legislation Nationalizing Company Incorporated Abroad — Nationalized Company as Mortgage Creditor — Whether “Successor Company” Entitled to Institute Proceedings for Recovery of Mortgage Debt in Country of Forum — Rights of Former Shareholders of Nationalized Company When Resident in Country of Forum — The Law of Austria.

Jurisdiction — Territorial — Over ports and national waters — Foreign vessels — Strike by crew inspired by international trade union — Competence of municipal courts to order termination of strike — Port of Rotterdam

Sea — Ports and national waters — Jurisdiction over foreign vessels — Vessel immobilized in port by strike of crew — The law of the Netherlands

War and armed conflict — Nuclear weapons — Whether possession and deployment of nuclear weapons contrary to international law — Damage to property used in connection with deployment of nuclear weapons — Whether damage would be justified if deployment of nuclear weapons unlawful under international law

Relationship of international law and municipal law — Customary international law — Customary international law forming part of the law of England — Whether customary international law capable of providing defence in criminal prosecution — The law of England

Treaties — Effect in municipal law — EEC Treaty, 1957 — French Constitution, Article 55 — Legislation enacted by EEC institutions — Status under municipal law — Decisions and regulations — Primacy over conflicting provisions of earlier municipal law

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Nature of legal order established by Treaty — Supremacy over national law

International organizations — Legal status — Powers — European Economic Community — Regulations enacted by EEC institutions — Whether taking precedence over municipal law — The law of France

Treaties — Operation of — Warsaw Convention relating to International Carriage by Air, 1929 (Article 22) — Interpretation of municipal legislation giving effect to Convention — Discrepancy between official text of Convention and English translation — Carriage by Air Act, 1932 — Whether limitation of liability of carrier excluded by lack of particulars in air consignment note — The law of England.

Human rights — Right to property — Right to respect for home — Greek Cypriot applicant having home, property and possessions in northern Cyprus — Turkish military forces occupying northern Cyprus in August 1974 — Proclamation of “Turkish Republic of Northern Cyprus” — Turkish military forces forcing applicant to abandon her home, property and possessions — Applicant prevented from having access to, use and enjoyment of her home, property and possessions — Applicant lodging application with European Court of Human Rights — Admissibility of case — Whether Turkey lacking jurisdiction ratione temporis and ratione loci — Whether applicant lacking victim status — Whether applicant exhausting domestic remedies — Whether domestic remedy effective or adequate — Whether examination on merits required — Loizidou v. Turkey — Cyprus v. Turkey — Whether Turkey violating Article 8 of European Convention on Human Rights, 1950 and Article 1 of Protocol No 1

State responsibility — Human rights — Applicant alleging violations of her property rights under European Convention on Human Rights, 1950 — Alleged violations occurring within “Turkish Republic of Northern Cyprus” — Whether Turkey liable for alleged violations — Loizidou v. Turkey — Cyprus v. Turkey — Whether any changes since judgments adopted — Whether Turkey continuing to exercise overall military control over northern Cyprus — Whether any reasons to depart from conclusions in those cases

States — Recognition — Entity proclaimed as State — Proclamation condemned by United Nations Security Council — Entity recognized as State only by one government — Turkish Republic of Northern Cyprus — Whether all acts of unrecognized entity to be denied effect

Damages — Pecuniary and non-pecuniary damage — Redress for violations of rights under European Convention on Human Rights, 1950 — New remedy proposed by Turkey — Whether new compensation and restitution mechanism satisfying requirements — Failure by parties to reach agreement on just satisfaction — Losses emanating from denial of access and loss of control, use and enjoyment of applicant’s property — Equitable assessment of compensation for applicant

War and armed conflict — Occupation — Turkish intervention in Cyprus in 1974 — Turkish military forces displacing Greek Cypriot applicant from her property in northern Cyprus — Applicant prevented from accessing, using and enjoying her home, property and possessions — Whether Turkey violating applicant’s rights under Article 8 of European Convention on Human Rights, 1950 and Article 1 of Protocol No 1 — Whether violation continuing — United Nations Annan Plan for re-unification of Cyprus — Rejection of Annan Plan by Greek Cypriots — Whether having legal consequences for rights of displaced persons