Arbitration — Applicable law — Investment arbitration — Proceedings instituted by investor incorporated in one European Union State against another European Union State — Bilateral investment treaty between two European Union States — Whether compatible with European Union law — Whether European Union law forming part of the law to be applied by the tribunal — Seat of arbitration in a third European Union State — Jurisdiction of the arbitration tribunal

Expropriation — Investment — Bilateral investment treaty — Protection against expropriation — Provisions on fair and equitable treatment and full protection and security — Compatibility with European Union law

Relationship of international law and municipal law — European Union law — Relationship between rights accorded to investor under bilateral investment treaty and principles of European Union law

Treaties — Validity — Application — Successive treaties dealing with the same subject matter — Compatibility of legal regimes established by successive treaties — Vienna Convention on the Law of Treaties, 1969, Articles 59, 65 and 30 — Bilateral investment treaty and European Union treaties

Human rights — Right to respect for family life — Interference with applicant’s right — Whether interference justified — Whether refusal of custody and access “necessary in a democratic society” — Margin of appreciation — Balancing interests of parent and child — State’s obligations — Decision-making process — Whether applicant’s involvement to degree sufficient to protect his interests — Whether Germany violating Article 8 of European Convention on Human Rights, 1950

Human rights — Right to fair trial — Whether German court proceedings unfair — Duty of European Court of Human Rights — Ensuring observance of undertakings of Contracting States to European Convention on Human Rights, 1950 — Whether examination of same facts under Articles 6(1) and 8 justified — Whether Germany violating Article 6(1) of European Convention on Human Rights, 1950

Jurisdiction — Territorial jurisdiction — Passive nationality jurisdiction — Positive obligations — Obligation to take measures to protect — Obligation to investigate — Mutual legal assistance — Competence ratione loci — Whether application admissible

Human rights — Right to life — European Convention on Human Rights, 1950, Article 2 — Failure to take measures to protect against a risk to life — Obligation to safeguard the lives of those within State’s jurisdiction — Obligation to carry out an effective investigation into the circumstances of suspicious death

Human rights — Prohibition of slavery and forced or compulsory labour — European Convention on Human Rights, 1950, Article 4 — Palermo Protocol — Trafficking in human beings — Human dignity, democratic values — Protection of human rights of victims and potential victims of trafficking — Obligation to protect from trafficking and exploitation — Obligation to punish traffickers — Obligation to investigate situations of potential trafficking — Duty to cooperate with other States

Human rights — Right to liberty and security of person — European Convention on Human Rights, 1950, Article 5 — Unacknowledged detention — Confinement by private individuals — No basis in domestic law — Arbitrary and unlawful deprivation of liberty

Damages — Human rights — European Convention on Human Rights, Article 41 — Just satisfaction — Anguish and distress — Costs and expenses

Human rights — Discrimination — European Convention on Human Rights, 1950, Article 14 — Right to respect for one’s family life — European Convention on Human Rights, 1950, Article 8 — Whether facts of case falling “within the ambit”of Article 8 — Whether applicant’s health status “other status”within meaning of Article 14 — Disability, health status — HIV infection — Family ties — Residency permit — Whether applicant in analogous position to other aliens — Whether objective and reasonable justification for difference in treatment — Margin of appreciation, wide or narrow — Scope of the margin of appreciation — Whether people living with HIV particularly vulnerable group — European consensus — Whether particularly compelling justification for differential treatment — Whether applicant victim of discrimination on account of his health status in violation of Article 14 of Convention taken together with Article 8

Human rights — Prohibition of discrimination — Differential treatment — Unanimous view of international bodies and experts — Relevant international documents and reports — Whether particularly compelling justification for differential treatment — HIV transmission, unsafe behaviours — Generalized assumptions — Differential treatment between long-term settlers and short-term visitors — Potential burden on publicly funded healthcare system — Whether travel and residence restrictions on persons living with HIV effective in preventing spread of disease — Whether harmful to public health of country — Whether applicant’s exclusion from residence attaining legitimate aim of protection of public health — Whether violation of applicant’s rights under Article 14 of Convention taken together with Article 8

Human rights — Prohibition of discrimination — Blanket and indiscriminate nature of restriction — Need for individualized assessment on facts of particular case — Whether Government overstepping narrow margin of appreciation — Whether Government violating applicant’s rights under Article 14 of Convention taken together with Article 8

Damages — Just satisfaction — Distress and frustration — Costs and expenses — European Convention on Human Rights, 1950, Article 41

International tribunals — Criminal tribunals — Special Tribunal for Lebanon — International character — Mandate to apply Lebanese substantive law — Extent to which international criminal law applicable — Relevance of international criminal law as aid to interpretation of Lebanese law — Statute — Rules of Procedure and Evidence — Submission of questions to Appeals Chamber for ruling before confirmation of indictment considered — Multiple charging

International criminal law — Substantive law — Terrorism — Conspiracy — Modes of participation — Principles designed to protect the rights of the accused — Resolution of ambiguities in favour of accused — Principle of nullum crimen sine lege — Due process

Terrorism — Definition — Whether customary international law definition of terrorism — State practice — Opinio juris — Whether customary international law creating criminal offence of terrorism — Elements of customary international law offence of terrorism — Treaties — Arab Convention for the Suppression of Terrorism, 1998

Relationship of international law and municipal law — Treaties — Whether self-executing — Treaties on international criminal law — Relevance as aid to interpretation of municipal law — Customary international law — Lebanese law — Treatment of treaties and customary international law in Lebanese law

Sources of international law — Customary international law — State practice — Relevance of decisions of national courts as State practice — National legislation — United Nations resolutions — Opinio juris — Whether opinio juris to be presumed — Terrorism — Whether customary international law rule defining and prohibiting terrorism

International tribunals — United Nations — Security Council — Creation of international criminal tribunal — Special Tribunal for Lebanon — Jurisdiction — International character — Interpretation of acts of Security Council — Application of principles in Vienna Convention on the Law of Treaties, 1969

Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Status within German constitutional law — Whether self-executing — Duty of lower courts to take into account decisions of the European Court of Human Rights

Treaties — Application — Effect in municipal law — German Basic Law — Duty of lower courts to take account of the European Convention on Human Rights and decisions of the European Court of Human Rights in the exercise of their powers

Human rights — Right to family life — Father of illegitimate child — Right of access to child — Balance between rights of the father and best interests of the child — Decision of European Court of Human Rights — Effect on proceedings in German courts — The law of Germany

War and armed conflict — Belligerent occupation — Civilians — West Bank territories occupied by Israel since 1967 — Geneva Convention IV respecting the Protection of Civilian Persons, 1949 — Regulations Concerning the Laws and Customs of War on Land, 1907 — Prohibition of use of protected residents to assist the war effort of the occupying State — Use of civilian residents to deliver warnings to houses containing suspects — Danger to such civilians — Assistance of consenting local civilian — “Early Warning ”procedure — The law of Israel

War and armed conflict — Armed conflict — Definition — Distinction between international and internal armed conflicts — Territories occupied by Israel since 1967 — Attacks by and on suspected terrorists in occupied territory — Whether an international armed conflict — Applicable law — Self-defence — Scope of application — Whether Article 51 of Charter of the United Nations, 1945 applicable to terrorist attacks not emanating from a State

War and armed conflict — Combatants — Definition of lawful combatant — Civilians — When civilian loses immunity from attack — Direct participation in hostilities

Terrorism — Customary international law — The right to self-defence — Unlawful combatants — “Targeting killings” policy — The law of Israel

Jurisdiction — Universal jurisdiction — Piracy — Pirates apprehended by warship of one State but tried by courts of another — Whether any barrier to exercise of jurisdiction

Sea — High seas — Piracy — United Nations Convention on the Law of the Sea, 1982 “UNCLOS”, Article 105 — Whether UNCLOS conferring exclusive criminal jurisdiction on the flag State of the capturing warship — Universal jurisdiction of national courts not displaced — Matters to be considered in sentencing pirates

Terrorism — Treaties — Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 1988 — Jurisdictional provisions — Jurisdiction over allegations of piracy

Human rights — Detention before charge — Piracy — European Convention on Human Rights, 1950, Article 5 — Application in high seas maritime law enforcement — Application when suspect transferred between jurisdictions — Violation of the right to be brought promptly before a judicial authority — Joint State responsibility — Whether violation sufficiently grave to be a bar to prosecution — European Convention on Human Rights, 1950, Article 6 — Application when suspect transferred between jurisdictions — No violation of the right to legal assistance — Legal assistance provided at the time of legal procedures requiring assistance — The law of the Netherlands

Diplomatic relations — Immunities and privileges — Member of technical and administrative staff — Extent of immunity — Member of technical and administrative staff accused of child abuse — Proceedings to protect child — Whether barred by immunity

Jurisdiction — Immunity — Diplomatic immunity — Vienna Convention on Diplomatic Relations, 1961 — Technical and administrative staff — Inviolability of the private residence — European Convention on Human Rights, 1950, Article 3 — The law of England

War and armed conflict — Peacekeeping — Civilians — Persons killed or injured by members of peacekeeping force — Remedies — Kosovo — British soldiers part of KFOR peacekeeping force in Kosovo — Claimants injured by British soldiers — Crown retaining command of British forces — Vicarious liability of defendant — Civil liability — Whether defendant liable to claimants in negligence — Whether defendant liable to first claimant in trespass — Whether British soldiers acting in self-defence — Whether doctrine of combat immunity applicable — Justiciability of dispute — Scope of doctrine of combat immunity — Whether immunity from suit — Whether soldiers owing duty of care — The law of England

Human rights — Remedies — Detention — Persons wrongfully convicted — Compensation — Criminal Justice Act 1988, Section 133 — International Covenant on Civil and Political Rights, 1966, Article 14(6) — Meaning of miscarriage of justice — Presumption of innocence — Whether right to compensation extending to person whose conviction was quashed because of Executive misconduct in bringing him to trial

Treaties — Interpretation — Aid to interpretation — Travaux préparatoires — Practice — Other treaties and agreements — International Covenant on Civil and Political Rights, 1966 — Relevance of European Convention on Human Rights, 1950 and instruments adopted thereunder — The law of England