International criminal law — War crimes — Crimes against humanity — Individual criminal responsibility — Statute of the Special Court for Sierra Leone, Articles 1, 2, 3, 4 and 6

International criminal law — Indictment of incumbent Head of State — International circulation of arrest warrant — Whether sovereignty of Ghana violated by transmission of arrest warrant

State immunity — Jurisdictional immunities — Head of State — Whether incumbent Head of State immune from prosecution by Special Court for Sierra Leone — Statute of the Special Court for Sierra Leone, Article 6(2) — Whether Article 6(2) of Statute in conflict with peremptory norm of international law

International tribunals — Special Court for Sierra Leone — Legal basis for establishment of Special Court — Whether Special Court part of judicial system of Sierra Leone — Consideration of treaty establishing Special Court — Consideration of role of Security Council — Whether absence of Chapter VII powers in the Special Court bears upon characterization of Special Court

International tribunals — Special Court for Sierra Leone — Procedure — Rules of Procedure and Evidence, Rules 72 and 73 — Motion to quash indictment and set aside arrest warrant — Whether claim of immunity raises issue of jurisdiction — Consideration of rules requiring accused to submit to jurisdiction before bringing preliminary motion — Discretionary exception to application of rules where accused is incumbent Head of State — Exercise of inherent power and discretion of Appeals Chamber

Dual nationality — Voluntary resumption by Israel national of former German nationality — Taking out of licence to practise as advocate in Israel and in Germany — Offences against German fiscal laws — Public policy.

Diplomatic and consular intercourse — Miscellaneous — Meaning of “diplomatic or consular representative of a foreign State” — Status of Israel Purchasing Mission in Cologne — Whether appropriate organ for transmission of request for judicial assistance in absence of diplomatic or consular relations — The law of Israel.

Recognition — Of States — Implied recognition — Effect of conclusion of bilateral agreement on reparation — Whether constituting mutual recognition — Agreement between Israel and Federal Republic of Germany concerning Reparation, 1952 — The law of Israel.

Human rights — Freedom of expression — Limits on freedom of expression — Prohibitory injunction restraining applicant from repeating statements in consumer information bulletin — Conviction under German domestic legislation relating to unfair competition — Whether a justifiable interference with freedom of expression — Balancing of competing interests — States’ margin of appreciation not exceeded — Relevance of market economy — Relevance of publication based on isolated incident — European Convention on Human Rights, 1950, Article 10

Human rights — Right to strike in public service — Treaty of Versailles, 1919, Part XIII — International Labour Organization Convention Concerning Freedom of Association and Protection of the Right to Organize, 1948 — Universal Declaration of Human Rights, 1948 — International Covenant on Economic, Social and Cultural Rights, 1966 — Alberta statute prohibiting strikes by employees in public service — Whether contrary to Canada’s international legal obligations — Public Service Employee Relations Act 1977

Sources of international law — Customary international law — Treaties — Custom as evidence of general practice — International conventions establishing rules expressly recognized by contesting States — Right to strike ensured to all employees including public employees except in essential services — Whether part of customary international law — Whether conventional international law — Treaty of Versailles, 1919, Part XIII — International Labour Organization Convention concerning Freedom of Association and Protection of the Right to Organize, 1948 — Universal Declaration of Human Rights, 1948 — United Nations Covenant on Economic, Social and Cultural Rights, 1966 — The law of Canada

Jurisdiction — Territorial limits of — Municipal statute giving right of action to seamen suffering personal injuries — Application to alien seaman on foreign flag ship under foreign shipping articles injured outside territorial waters of forum State — Substantial contacts with State of forum — Effect of substantial indirect stock ownership by citizens of State of forum — Where State of forum is base of operations — The law of the United States of America.

States as international persons — Dependent States — Andorra — Status of Andorran citizens in France — Whether driving licenses issued in Andorra to be regarded as valid in France — The law of France

Aliens — Treatment of — Right of Non-resident Alien to Inherit Real Property from Resident of State Concerned — Distribution of Proceeds of Sale to Residents of “Iron Curtain” Nations — Requirement that Payment Be Made Only If It Will Be Received by Payee — The Law of the United States of America.

International law — Relation to municipal law — Treaties — Treaty of Friendship, Commerce and Navigation between the United States and Italy, 1948 — Application to determination of priority of maritime lien of foreign supplier or preferred ship mortgage — Effect of municipal legislation — Consistency of legislation with Treaty — Later statute superseding prior treaty — The law of the United States of America.

Treaties — Operation of — Effect of municipal legislation — Treaty of Friendship, Commerce and Navigation between the United Statesand Italy, 1948 — Application to determination of priority of maritime lien of foreign supplier or preferred ship mortgage — As provided by municipal legislation — Consistency of legislation with Treaty — Later statute superseding prior treaty — The law of the United States of America.

Extradition — Political crimes — Nature of — As distinguished from banditry — Conditions and procedure of extradition — Under Treaty suspended by existence of state of war — The law of the United States of America.

War — Effects of outbreak of — On treaties — Abrogation or suspension of treaty — Treaty of extradition — Revival pursuant to Peace Treaty — View of Political Department of Government — Weight to be accorded to — Offences committed during suspension of Treaty — Application of revived Treaty to — Conditions and procedure of extradition — The law of the United States of America.

Extradition — Conditions of — Individual convicted in absentia — Under Treaty providing for extradition of convicted persons-Extraditable crimes — Political offences — Procedure — Relevance of probable treatment of individual by demanding State — Respective roles of Court and Executive — Effect of war on Extradition Treaty — Suspension during war — Revival pursuant to Peace Treaty — Offences committed during suspension of Treaty — Application of revived Treaty — The law of the United States of America.

Nationality — Acquisition of — By adoption — Whether adult alien adopted by national acquires nationality of adopter — The law of Spain.

Consular relations — Protection of nationals — Limitations — Duty of non-interference in the internal affairs of receiving State — Vienna Convention on Consular Relations, 1963, Article 55 — Alleged violation of right to a fair trial — Whether permissible for State exercising protection to seek to intervene in the judicial process

Diplomatic relations — Protection of nationals — Limitations — Duty of non-interference in the internal affairs of receiving State — Vienna Convention on Diplomatic Relations, 1961, Article 41 — Formal representations by State about treatment of its nationals — Requirement of exhaustion of local remedies

Human rights — Remedies — Allegations of torture of foreign nationals — Foreign nationals allegedly denied right to fair trial — Right of protection of State of nationality

Relationship of international law and municipal law — Conduct of foreign relations — Exercise by State of right to protect nationals abroad — Refusal by Government to intervene in judicial process in foreign State — Whether subject to judicial review — The law of England

Aliens — Admission of — Right of State to control — Article 22 of Constitution of Japan.

Jurisdiction — Extraterritorial jurisdiction — Moroccan applicants complaining that cartoons published in Danish newspaper offensive — Whether discriminatory against applicants as Muslims — Moroccan applicants complaining that Denmark violating their rights under Articles 9 and 14, and 10 and 17 of European Convention on Human Rights, 1950 — Whether applicants within jurisdiction of Denmark within meaning of Article 1 of Convention — Interpretation of Article 1 — Concept of jurisdiction — Meaning of “within their jurisdiction” in public international law — Whether jurisdictional link between any of Moroccan applicants and Denmark — Whether exceptions applicable — Whether any extraterritorial act — Whether applicants’ complaints admissible under Article 35 of Convention

Human rights — Human rights treaties — Nature and scope — European Convention on Human Rights, 1950 — Article 1 — Interpretation — Duty of Contracting States to secure Convention rights and freedoms to persons “within their jurisdiction” — Applicants outside territory of Contracting State — Whether jurisdictional link between any of Moroccan applicants and Denmark — Whether any extraterritorial act — Whether Court having competence to examine applicants’ substantive complaints under Articles 9 and 14, and 10 and 17 of Convention

International Law — Relation to Municipal Law — Recognition of Acts of Foreign Governments Contrary to International Law — Expropriation without Compensation — Nationalization.

Recognition of Acts of Foreign States and Governments — Acts Contrary to International Law — Expropriation and Confiscation.

Aliens — Treatment of — Property of Aliens — Expropriation without Compensation — Expropriation by Iran of Property of Anglo -Iranian Oil Company — Question of Validity of Decree Purporting to Deprive an Alien of his Property — Purported Transfer of Title by Expropriating State — Expropriated Property in Ship in Foreign Port — Jurisdiction of Court of the Port — International Law — Relation to Municipal Law.

Arbitration — Jurisdiction — Bilateral investment treaty — Treaty between two Member States of the European Union — Whether provision for investor–State arbitration compatible with European Union law — Applicable law — Whether including European Union law — Nature of arbitration tribunal — Relationship with national courts and with Court of Justice of the European Union

Economics, trade and finance — Investment — Bilateral investment treaty — Treaty between two Member States of the European Union — Arbitration provision — Whether provision for arbitration of investor–State dispute compatible with European Union law

Treaties — Bilateral investment treaty — Agreement on Encouragement and Reciprocal Protection of Investments between the Kingdom of the Netherlands and the Czech and Slovak Federal Republic, 1991 — Whether investor–State dispute resolution provision providing for arbitration compatible with Treaty on the Functioning of the European Union, 2007

Relationship of international law and municipal law — European Union law — Double nature of European Union law as part of the law in force in every Member State and as deriving from an international agreement between the Member States — Relationship between rights accorded to investors under bilateral investment treaty and principles of European Union law — The law of the European Union

Relationship of international law and municipal law — Conduct of foreign relations — Treaty-making power — Ireland — Constitution of Ireland — Whether exercise of treaty-making power subject to judicial review — Deference due to political judgments of the Executive — Anglo-Irish Agreement, 1985 — Whether contrary to Constitution of Ireland

Territory — Northern Ireland — Relations with the Republic of Ireland — Anglo-Irish Agreement, 1985 — Creation of Intergovernmental Conference — Recognition of status of Northern Ireland — Right of Government of Republic of Ireland to make representations regarding Northern Ireland — Whether affecting status of Northern Ireland as part of the United Kingdom — Whether precluding Government of Ireland laying claim to territory of Northern Ireland — Whether Agreement contrary to Constitution of Ireland

Treaties — Effect in municipal law — Anglo-Irish Agreement, 1985 — Effect on rights of population of Republic of Ireland — Whether altering rights of population of Northern Ireland — Whether restricting freedom of Government of Ireland — The law of Ireland

State immunity — Jurisdictional immunity — Locally recruited telephonist/receptionist employed by mission of foreign State — Contract of employment — Claim for unlawful dismissal — Whether foreign State entitled to jurisdictional immunity — Subordinate nature of employment — Whether dismissal of such an employee constituting an act of State — Whether enquiry into lawfulness of dismissal would violate sovereignty of foreign State — Whether courts entitled to exercise jurisdiction over claim relating to purely financial consequences of dismissal — Effect of default of appearance by foreign State — Scope of right of appeal — The law of Switzerland

Diplomatic privileges and immunities — Subordinate members of staff — Alleged breach of tenancy agreement — Technical and administrative officers — Vienna Convention on Diplomatic Relations, 1961 — Modified privilege of technical and administrative officers — Subsisting action stayed on ground of immunity — Diplomatic Privileges Act, 1964 — The law of England.

International law in general — Sources — Customary law — State practice — Evolution of a new rule of customary international law — Whether such a rule had evolved in respect of atmospheric nuclear tests — Nuclear Test Ban Treaty, 1963

States as international persons — In general — Conduct of foreign relations — Statements by Head of State and members of Government — Whether capable of binding State in international law

State territory — In general — Nature of territorial sovereignty — Atmospheric nuclear tests causing deposit of radio-active fall-out on territory of other States — Whether an infringement of territorial sovereignty

Jurisdiction — High seas — Conception of the high seas and freedom of the sea — Atmospheric nuclear tests causing deposit of radio-active fall-out on the high seas — Establishment of prohibited and dangerous zones — Whether an unlawful infringement of the freedom of the high seas — Whether any one State has locus standi to claim in respect of such infringement

State responsibility — Nature and kinds of — In general — Absolute responsibility — Atmospheric nuclear tests leading to deposit of radio-active fall-out on territory of other States and on high seas — Whether such tests unlawful — Whether absolute responsibility for any damage caused

Treaties — In general — Form of international agreements — Unilateral oral declaration — Whether capable of amounting to assumption of legal obligation — Whether international law imposes any formal requirements — French declarations that atmospheric nuclear tests would cease — Whether amounting to a binding promise

Treaties — Conclusion and operation — Effect on third parties — Treaty allegedly giving rise to rule of customary international law — Nuclear Test Ban Treaty, 1963 — Whether giving rise to rule of customary law prohibiting atmospheric nuclear tests

Treaties — Termination — By operation of law — Desuetude — Whether a separate means of termination — Whether distinguishable from rebus sic stantibus — General Act for the Pacific Settlement of Disputes, 1928 — Whether remaining in force after dissolution of League of Nations — Effect of subsequent agreements

Treaties — Termination — By act of party — Mutual consent — Implied consent — Whether earlier treaty amended or superseded by later treaty dealing with similar subject — General Act for the Pacific Settlement of Disputes, 1928 — Whether amended or superseded as between Australia and France by Optional Clause declarations

Treaties — Termination — By act of party — Result of non-performance by one party — Whether Australia debarred from invoking General Act for the Pacific Settlement of Disputes, 1928, by alleged breach in 1939

Disputes — International Court of Justice — Contentious jurisdiction — Procedure — Refusal of respondent State to appear Application of Article 53 of Statute — Preservation of equality between parties — Rules of natural justice — Propriety of Court considering fresh evidence proprio motu — Whether necessary for Court to consult parties — Application — Inherent jurisdiction of Court to decide real nature of claim — Court requested to adjudge and declare atmospheric nuclear tests unlawful and to order France to cease conducting tests — Whether a separate claim for a declaratory judgment

Disputes — International Court of Justice — Contentious jurisdiction — Procedure — Indication of interim measures of protection

Disputes — International Court of Justice — Contentious jurisdiction — Procedure — Application for permission to intervene — Procedure to be followed — Whether necessary to establish jurisdictional link between intervening State and respondent State

Disputes — International Court of Justice — Contentious jurisdiction — Competence — Indication of interim measures of protection — Need to establish prima facie jurisdiction before indicating interim measures — Degree of examination required

Jurisdiction of the Court — Questions of jurisdiction and admissibility — Distinction — Judicial function of Court — Need for a legal dispute — Claimant State's objectives achieved — Whether claim without object — Inherent jurisdiction of Court to examine such questions proprio motu — Whether a reformulation of Applicant's claim

Jurisdiction — General Act for the Pacific Settlement of Disputes, 1928 — Whether a treaty in force — Whether providing a basis for jurisdiction of the Court — Whether amended or superseded by subsequent declaration under Article 36 (2) of the Statute of the Court — Effect of reservations to declaration under Article 36(2)Self — judging reservations

Jurisdiction — Locus standi — Whether actio populans exists in international law

Procedure — Refusal of Respondent State to appear before Court Consequences — Article 53 of the Statute of the Court — Application — Relation to Article 41 and indication of interim measures of protection — Preservation of equality between parties — Rules of natural justice

Procedure — Propriety of Court examining new evidence proprio motu — Whether necessary to consult parties

Procedure — Application — Court requested to declare atmospheric nuclear tests unlawful and order France to cease conducting them — Whether request for declaration a separate claim or merely reason advanced for grant of order

Procedure — Application to intervene — Whether necessary to establish jurisdictional link between intervening State and respondent State

Treaties — In general — Form of international agreements — Unilateral declaration — Whether capable of amounting to assumption of legal obligation — French declaration that atmospheric nuclear tests would cease

Treaties — Termination — By operation of law — Desuetude — General Act for the Pacific Settlement of Disputes, 1928 — Whether remaining in force after dissolution of the League of Nations

Treaties — Termination and amendment — By mutual consentWhether General Act amended or superseded as between Australia and France by declarations of both States under Article 36(2) of the Statute of the International Court of Justice

Treaties — Termination — Whether Australia debarred from invoking General Act for the Pacific Settlement of Disputes, 1928, by alleged breach in 1939

Treaties — Effect on third parties — Treaty allegedly giving rise to rule of customary international law — Nuclear Test Ban Treaty, 1963

State responsibility — In general — Atmospheric nuclear tests leading to deposit of radio-active fall-out on territory of other States and on high seas — Whether tests lawful — Whether absolute responsibility for damage caused

State territory — Nature of territorial sovereignty — Atmospheric nuclear tests causing deposit of radio-active fall-out on territory of other States — Whether an infringement of territorial sovereignty

Jurisdiction — High seas — Atmospheric nuclear tests causing deposit of radio-active fall-out on high seas — Prohibited zones set up on high seas — Whether lawful — Whether any one State having locus standi to claim

Treaties — Special kinds of — Double taxation conventions — Convention between Canada and United States, 1942 — Meaning of concept of "permanent establishment therein " — Alien limited partners as maintaining permanent establishment through limited partnership in United States — The law of the United States of America.

Treaties — Interpretation of — Double Taxation Convention between Canada and United States, 1942 — Meaning of concept of “permanent establishment therein” — Alien limited partners as maintaining permanent establishment through limited partnership in United States — The law of the United States of America.