Human rights — Freedom of expression — Nature of right — Whether absolute or qualified — Legitimate restrictions upon — Requirement that journalists belong to professional association — Criminal offence for non-member of association to work as a journalist — Whether contrary to right of freedom of expression — Costa Rica — Article 13(2), American Convention on Human Rights, 1969

Human rights — Procedure for enforcement — Standing to present claim — Whether complainant must be resident in State alleged to have committed violation

Claims — Exhaustion of local remedies — Whether remedies actually available — Whether challenge to constitutionality of national legislation viable in view of earlier decisions of Supreme Court

States — Domestic jurisdiction — Human rights agreements — Alleged violation of human rights agreement not a matter within domestic jurisdiction of State — Power of Convention institutions to examine national legislation and decisions of national courts for compatibility with Convention — American Convention on Human Rights, 1969

International tribunals — Standing before — Inter-American Commission on Human Rights — Right of individual petition — Standing to present claim of person no longer resident in respondent State

Human rights — Freedom of expression — Nature of right — Whether absolute or qualified — Restrictions upon — Public interest — American Convention on Human Rights, 1969 — Articles 13 and 29 — Interpretation — Restrictions on freedom of expression imposed in public interest — Public order — Meaning — Importance of freedom of expression in a democratic society — Restrictions on freedom of expression to be narrowly construed — Restrictions must be designed to serve legitimate needs of a democratic society — Freedom of the press — Requirement that journalists be members of a professional association — Whether compatible with freedom of expression — Costa Rican Law on journalism — Compatibility with Convention

Treaties — Interpretation — Human rights treaties — Regional agreement — Comparison with provisions of other human rights agreements — Whether an aid to interpretation — Whether regional human rights agreement should be interpreted as no more extensive than agreement of universal application

Human rights — Procedure for enforcement — American Convention on Human Rights, 1969 — Jurisdiction of Inter-American Court of Human Rights to give advisory opinion — Admissibility of request for advisory opinion on matter which could have been subject of a contentious case — Relationship between State’s request for advisory opinion and individual petition — Parallel system of enforcement

International tribunals — Admissibility — Request for advisory opinion — Inter-American Court of Human Rights

International organizations — Immunity — Representatives accredited to organization — International Labour Organization — Members of Governing Body — Jurisdictional immunity — Purpose and scope of — Limitation to periods of conferences — International Labour Organization-Switzerland Headquarters Agreement, 1946

Diplomatic relations — Immunity — Representatives accredited to international organization — Vienna Convention on Diplomatic Relations, 1961, Article 31 — The law of Switzerland

State immunity — Jurisdictional immunity — Contract of employment — Exhibition organizer engaged by Mission of foreign State — Claim against foreign State for wrongful dismissal — Acts iure gestionis and iure imperii — The law of Switzerland

States — Recognition — Popular Democratic Republic of Algeria — Effect of recognition of Republic on legal status of Algerian National Liberation Front — The law of Switzerland

Lakes and land-locked seas — Extent of jurisdiction of riparian States — Theory of condominium — State practice — Lake Constance — The law of Switzerland

Jurisdiction — Territorial — International mutual assistance in legal matters — Legal nature of acts of mutual assistance — The law of Switzerland

International organizations — Immunity — Officials — United Nations — Second category officials — Fiscal exemption — Switzerland-United Nations Headquarters Agreement, 1946, Article V, Section 15(b) — Vienna Convention on Diplomatic Relations, 1961, Articles 34 and 38 — Whether exemption extends to Swiss nationals domiciled abroad — Advance tax deduction — Reimbursement for various categories of exempted persons — Expert attached to Office of Technical Cooperation for work in Gabon — Entitlement to reimbursement

Diplomatic relations — Immunity — Vienna Convention on Diplomatic Relations, 1961 — The law of Switzerland

International organizations — Immunity — Officials — World Health Organization — Senior official — Jurisdictional immunity — Traffic offence — Withdrawal of driving licence by administrative decision — Whether violating diplomatic privileges — Scope of immunity — Waiver — Vienna Convention on Diplomatic Relations, 1961, Articles 31 and 32 — Switzerland-World Health Organization Agreement, 1946 — Manner in which plea of immunity to be raised

Diplomatic relations — Immunity — Scope — Vienna Convention on Diplomatic Relations, 1961 — The law of Switzerland

Consular relations — Immunity — Consular employee — National of receiving State — Whether entitled to exemption from taxation in receiving State — Vienna Convention on Consular Relations, 1963, Articles 49(1) and 71(1) — Whether Convention codifies pre-existing rule of customary international law — The law of Switzerland

International organizations — Status — International Air Transport Association (“IATA”) — Whether a “public international organization” — Non-governmental and quasi-governmental organizations — IATA-Switzerland Headquarters Agreement, 1976 — Agreements concerning fiscal exemption for “public international organizations” — Requirement of approval by cantonal authorities — Immunity — Organization and its officials — Fiscal immunity

States — Federal States and confederations — Agreement between federal government and international organization providing for immunity from cantonal taxes — Requirement of cantonal approval — Whether provision for referendum required

Treaties — Conclusion and operation — Constitutional limitations — Requirement of approval by cantonal authorities — The law of Switzerland

Jurisdiction — Territorial — Whether punishment in State of nationality precludes prosecution in State of commission of offence — Principle of ne bis in idem — Whether recognized as a general rule of international law — The law of Switzerland

State succession — Treaties — Extradition Treaty between Switzerland and United Kingdom, 1880 — Applicability to British Colonies — Whether in force for South Africa after independence — “Clean slate” theory — Exceptions — Conduct of parties concerned — Tacit application of Treaty — Extradition — Double criminality — Universal applicability — Tacit acceptance in Treaty — The law of Switzerland

Territory — Boundaries — Tacit agreement — Unilateral recognition — Continuous, effective and uncontested exercise of sovereignty — Critical date — Natural frontiers — Watershed line

Sources of international law — Protest and acquiescence — Estoppel — Acquiescence in boundary dispute

States — Federal States and confederations — Application of international law in dispute between two States within a confederation — Boundary dispute between two Swiss cantons

Relationship of international law and municipal law — Customary international law — Application of international law in disputes between Swiss cantons — The law of Switzerland

State immunity — Immunity from jurisdiction — Lease of premises as residence for ambassador — Claim for rent arrears — Acts iure gestionis and iure imperii — Requirement of sufficient connection between legal relationship and forum

State succession — Contract — Annexation of territory — Socialist Republic of Vietnam — Whether successor to obligations of South Vietnam — Principle of good faith — The law of Switzerland

Arbitration — The law applied by arbitral tribunals — Claim for amount of dishonoured cheques — Whether claimant beneficiary of cheques — International Monetary Fund Agreement — Article VIII, Section 2(b) — Prohibition on enforcement of transactions contrary to exchange controls of another member State — Whether applicable to international arbitral tribunal — Iran–United States Claims Tribunal — Validity of purported currency exchange regulations — Doubts as to nature of underlying transaction — Burden of proof — Whether shifting to claimant when respondent has raised doubts — Plea of unjust enrichment at post-hearing stage — Whether admissible — Whether principle applicable in international arbitral tribunal — The law and practice of the Iran-United States Claims Tribunal

Arbitration — Enforcement of award — Iran-United States Claims Tribunal — Status — Whether awards based upon agreement between private parties — Whether based upon public international law — Recognition of award by English court — Whether satisfying requirements for recognition as a consensual private award — Existence of agreement to arbitrate — Proper law — Whether agreement to refer to Iran-United States Claims Tribunal valid under law of the Netherlands — Whether award valid under law of the Netherlands — Whether agreement between private parties to arbitrate can be based upon public international law — Iran-United States Claims Tribunal as a public body analogous to statutory tribunal — Duty of English courts to give effect to award of tribunal which derives its competence from public international law — Criteria for determining competence — Plaintiff unsuccessful in claim before Tribunal seeking to bring action in English courts based upon same cause of action — Res iudicata

International tribunals — Iran-United States Claims Tribunal — Status — Whether a private or public law body — Validity of proceedings under Dutch law

Relationship of international law and municipal law — Treaties — Algiers Declarations, 1981 — Purpose — Establishment of Iran-United States Claims Tribunal — Acquiescence by the Netherlands — Account to be taken of Declarations by the English courts — Public international law as a source of private rights

Comity — Duty of English courts to recognize award of tribunal competent under public international law — Duty not to frustrate object of Algiers Declarations, 1981 — The law of England

Claims — Nationality of claims — Dual nationals — Claimant possessing nationality of the respondent State — Whether claim against respondent State precluded by claimant’s nationality — Theory of dominant and effective nationality — Hague Convention Concerning Certain Questions regarding the Conflict of Nationality Laws, 1930, Articles 4 and 5 — Iran-United States Claims Tribunal — Whether possessing jurisdiction over claims by persons having nationality of Iran and the United States — Iran-United States Claims Settlement Declaration, 1981, Articles II and VII

International tribunals — Iran-United States Claims Tribunal — Nature and function of Tribunal — Whether inter-State tribunal — Whether claims brought before Tribunal in exercise of right of diplomatic protection — Direct access of individual to the Tribunal — Whether jurisdiction clause should always be construed narrowly

Nationality — Individuals — Dual nationality — Whether exceptional — Effect in international law — Circumstances in which nationality acquired — Dominant and effective nationality — Criteria for determining which nationality is dominant and effective

Treaties — Interpretation — Iran-United States Claims Settlement Declaration, 1981 — Principles of interpretation — Reference to general international law as aid to interpretation — Whether necessary to demonstrate “converging will” of parties to treaty to establish a particular interpretation — Whether jurisdiction clause to be construed narrowly

Relationship of international law and municipal law — Municipal law concepts in international law — Nationality and citizenship — Effect in international law — The law and practice of the Iran-United States Claims Tribunal

Relationship of international law and municipal law — Recognition and enforcement of foreign law — Grounds for refusal of recognition — Legislation contrary to human rights — Penal and revenue laws — Legislation providing for expropriation of property — Expropriation of shares in company — Company seeking to bring claim in England after expropriation — Whether English courts thereby asked to enforce expropriatory legislation — Act of State — Whether English courts will question the motives and good faith of foreign government

Expropriation — Discriminatory — Whether expropriation measure directed against particular individuals contrary to international law — General international acceptance of expropriation — Property situated outside expropriating State — Expropriation of shares in company incorporated in expropriating State — Effect on company's assets in other States

Human rights — Enforcement by national courts — Non-enforcement of foreign law which is contrary to human rights

Jurisdiction — Extraterritorial — Expropriation of shares in company — Effect on company's assets in another State — The law of England