Human rights — Democratic elections — Right to elect members of legislature — European Convention on Human Rights, First Protocol, Article 3 — European Parliament — Whether a legislature for these purposes — Residents of Gibraltar excluded from electorate for European Parliament — Whether a violation of Article 3

Human rights — Scope of human rights treaties — Application to international organization — Responsibility of Member States of organization — European Community — Treaties establishing the Community — Unanimous decision of Member States — Whether imputable to Member States — Whether capable of engaging responsibility of Member States under human rights treaties — Provisions on elections to, and powers of, the European Parliament — Whether acts of the Community or the Member States

International organizations — Responsibility of Member States — European Community — Provisions on elections to, and powers of, the European Parliament — Whether acts of the Community or the Member States — Whether capable of constituting violation by State of its human rights obligations

Treaties — Interpretation — Human rights treaty — Interpretation as a living instrument — European Convention on Human Rights

Human rights — Torture — Nature of rule prohibiting torture — Whether a rule of jus cogens — Consequences of prohibition — Whether “trumping” other rules of international law — State immunity — Civil proceedings against foreign State for torture — Courts of forum State holding defendant State immune — Whether recognition of immunity a violation of prohibition of torture — Whether a violation of right of access to courts — European Convention on Human Rights, 1950, Articles 3, 6 and 13

State immunity — Jurisdiction — Exceptions to immunity — Whether international law denies immunity in cases of torture — Distinction between civil and criminal proceedings

Human rights — State immunity — Civil proceedings against foreign State for sex discrimination in relation to employment at embassy — Courts of forum State holding defendant State immune — Whether recognition of immunity involving a violation of right of access to courts — Whether discriminatory — European Convention on Human Rights, 1950, Articles 6 and 14

State immunity — Jurisdiction — Employment — Proceedings for sex discrimination by applicant for employment at embassy barred by State immunity — Whether contrary to human rights

Diplomatic relations — Locally employed staff — Recruitment — Whether sending State entitled to State immunity in proceedings alleging sex discrimination in relation to recruitment

Human rights — Access to courts — European Convention on Human Rights, 1950, Article 6(1) — State immunity — Relationship between State immunity and human rights — Whether assertion of immunity by defendant State a violation of Convention — Whether assertion of immunity bringing plaintiff within jurisdiction of defendant State — European Convention on Human Rights, 1950, Article 1 — Whether grant of immunity by forum State a violation of Convention — Nature of action against defendant State

State immunity — Jurisdiction — Human rights — Whether State immunity incompatible with right of access to courts — Reciprocity — European Convention on Human Rights, 1950, Article 6(1) — Tort exception to immunity

Human rights — Nature and scope of human rights treaties — European Convention on Human Rights, 1950 — Article 1 — Duty of parties to secure the rights and freedoms under the Convention to persons within their jurisdiction — Extent of jurisdiction — Persons outside the territory of a Contracting State — Whether within its jurisdiction — Interpretation of the Convention — Requirement that Convention be interpreted in accordance with international law — Convention as part of the system of international law

Human rights — Protection in time of armed conflict — Relationship between human rights and international humanitarian law — Right to life — Bombardment of target in foreign State during armed conflict — Whether capable of amounting to violation of the right to life — European Convention on Human Rights, 1950, Article 2

Jurisdiction — Concept of jurisdiction in international law — Jurisdiction primarily territorial — Circumstances in which jurisdiction of State extends beyond its borders — Whether persons affected by military action taken by one State in the territory of another fall within the jurisdiction of the former State

Treaties — Interpretation — Vienna Convention on the Law of Treaties, 1969, Articles 31 and 32 — Applicability to interpretation of the European Convention on Human Rights, 1950 — Ordinary meaning of words used — Subsequent practice — Relevance of travaux préparatoires — Convention as a living instrument

War and armed conflict — Law applicable to armed conflict — Human rights law — Relationship with international humanitarian law

Human rights — Scope of human rights treaties — Protection in time of armed conflict — Relationship between human rights law and international humanitarian law — Civilians injured by adverse party during armed conflict — Whether human rights instrument incorporating standards of international humanitarian law — Right to life — Right to respect for person and property

International tribunals — Inter-American Commission on Human Rights — Jurisdiction — State not party to American Convention on Human Rights, 1969 — Statute of the Commission nevertheless conferring mandate to enforce American Declaration of the Rights and Duties of Man, 1948 — Relevance of other treaties and rules of law — Domestic remedies rule

War and armed conflict — Law applicable to armed conflict — Human rights law — Relationship with international humanitarian law — International armed conflict — Panama, 1989 — Geneva Convention No IV, 1949

Human rights — Fair trial — Right to judicial protection — De facto military government removing judge by unconstitutional decree — Petitioner applying for nullification of decree under subsequent de jure regime — Argentinian courts declaring case unjusticiable — Whether courts' refusal to adjudicate violating American Convention on Human Rights, 1969, Articles 8 and 25

Human rights — Scope of human rights treaties — Protection in time of armed conflict — Relationship between human rights law and international humanitarian law — Civilians detained by adverse party during armed conflict — Detention allegedly contrary to human rights instrument — Whether human rights instrument incorporating standards of international humanitarian law — Conditions of detention — Right to have legality of detention determined by tribunal without delay

International tribunals — Inter-American Commission on Human Rights — Jurisdiction — State not party to American Convention on Human Rights, 1969 — Statute of the Commission nevertheless conferring mandate to enforce American Declaration of the Rights and Duties of Man, 1948 — Relevance of other treaties and rules of law

War and armed conflict — Law applicable to armed conflict — Human rights law — Relationship with international humanitarian law — International armed conflict — Grenada, 1983 — Detention of civilian prisoners — Geneva Convention No IV, 1949

International Court of Justice — Jurisdiction — Optional Clause — Statute of the Court, Article 36(2) — Declaration accepting jurisdiction of the Court — Reservations — Right of State making declaration to define scope of acceptance of jurisdiction — Whether reservations to be construed restrictively — Distinction between substantive law and rules governing jurisdiction of the Court — Principles to be applied in interpretation of declaration and reservations — Intention of State making declaration — Principle of good faith

International Court of Justice — Procedure — Preliminary objections — Whether objection possessing an exclusively preliminary character — Duty of the Court in dealing with preliminary objections

Sea — High seas — Jurisdiction — Fisheries — Conservation measures — Arrest of Spanish vessel by Canada outside Canadian waters — Legality — Whether dispute falling within jurisdiction of International Court of Justice

Environment — Maritime environment — Fisheries conservation — Limit of conservation measures — Compatibility with regime of the high seas

Sea — Fisheries — North Atlantic Fishery Organization Conservation Area (“NAFO zone”) — Canada claiming that Spanish vessels exceeding fishing quotas for turbot in NAFO zone — Coastal Fisheries Protection Regulations as amended on 3 March 1995 — Officers of Canadian Government arresting and detaining Spanish fishing vessel Estai and its master — Plaintiffs bringing action for damages — Defendant objecting to plaintiffs' allegations as relating to, inter alia, international law

Relationship of international law and municipal law — Whether international law having precedence over Canadian law — Relevance of international treaties or conventions — Plaintiffs challenging validity of Coastal Fisheries Protection Regulations as amended on 3 March 1995 — Whether necessary to plead specific treaties — Whether references to piracy in pleadings to be struck out — The law of Canada

Human rights — Constitutional guarantees — Right not to be deprived of life except by due process of law — Prohibition of imposition of cruel and unusual treatment or punishment — Death penalty for murder — Whether executions should be stayed — Whether constitutional right to have petitions to Inter-American Commission on Human Rights heard before execution of death penalty — Whether death penalty rendered unconstitutional by inhuman conditions — Whether pre-trial delay unlawful — Trinidad and Tobago Constitution, Sections 4(a) and 5(2)(b)

Relationship of international law and municipal law — Treaties — American Convention on Human Rights, 1969 — Relevance — Convention not incorporated into law of Trinidad and Tobago — Government of Trinidad and Tobago ratifying Convention — Convention permitting access to Inter-American Commission on Human Rights — Whether Government’s instructions prescribing time limits for applications to Commission lawful — Whether execution of death penalty before determination by Commission infringing constitutional right of due process — The law of Trinidad and Tobago

Human rights — Right to life — Fair trial — Detention pending trial — Sentence of death — Whether repeated reading of sentence to defendant unlawful — Whether execution of defendant when international tribunal has ordered that execution be stayed unlawful

Human rights — International machinery for protection of human rights — American Convention on Human Rights, 1969 — Inter-American Court of Human Rights — Jurisdiction — Effect of provisional orders — When Court becomes functus officio — Inter-American Commission on Human Rights — Whether decisions binding

International tribunals — Provisional measures — Whether binding — Whether enforceable in municipal law — Inter-American Court of Human Rights

Relationship of international law and municipal law — Treaties — American Convention on Human Rights, 1969 — Convention not incorporated into the law of Trinidad and Tobago — Extent to which courts of Trinidad and Tobago entitled or required to give effect to Convention — Effect in municipal law of decision of the Inter-American Court of Human Rights — The law of Trinidad and Tobago

Territory — Colonies — Governance — Principle of self-determination — Creation of new British colony — British Indian Ocean Territory — British Indian Ocean Territory Order 1965 — Immigration Ordinance 1971 — Decision to remove population of territory — Decision motivated by establishment of military base — Whether conducive to peace, order and good government of the territory — Whether Ordinance and underlying policy lawful

Human rights — Self-determination — Colony — Separation of islands from colony and constitution as separate territory — Establishment of military base on territory pursuant to agreement with foreign State — Removal of civilian population from territory — The law of England

Human rights — Scope of application of human rights treaties — Requirement that victim be within the jurisdiction of the State — Sri Lankan national detained in Canada — Likelihood of removal to Sri Lanka — Alleged risk of torture in Sri Lanka — Mother resident in the United Kingdom — Whether United Kingdom minister under duty to make representations to Canada — European Convention on Human Rights, 1950, Articles 1, 3 and 8

Relationship of international law and municipal law — In general — Justiciability of international obligations before municipal courts — The law of England

Relationship of international law and municipal law — In general — Whether rights arising between States on plane of international law enforceable in municipal courts — Treaties — Whether forming part of United Kingdom law — Geneva Convention relative to the Treatment of Prisoners of War, 1949 — European Convention on Human Rights, 1950 — Consular conventions — Justiciability — Whether courts of one State entitled to determine rights and obligations of another State under international agreements — Whether decisions regarding foreign policy subject to judicial review

Consular relations — Protection of nationals — Applicable law — Vienna Convention on Consular Relations, 1963 — Whether superseding bilateral convention between United Kingdom and United States of America — Right of consular access — Whether United Kingdom entitled to consular access to British citizen detained by United States authorities at Guantanamo Bay — Right to legal representation

Human rights — Scope of application of human rights treaties — Whether obligations of State under human rights treaty confined to legal space of that State — Whether extending to detainees held by another State — Detainees’ rights — Legal representation — Questioning of suspects

War and armed conflict — Prisoners of war — Terrorism — Geneva Convention relative to the Treatment of Prisoners of War, 1949 — Whether applicable to terrorist suspects detained by United States of America after capture in Afghanistan — The law of England