Treaties — EC Treaty — Euratom Treaty — Application and interpretation — Court of Justice of the European Communities — Jurisdiction — Scope — Member States of European Community — Obligations on Member States under EC and Euratom Treaties — Member State instituting dispute-settlement proceedings against another Member State under United Nations Convention on the Law of the Sea, 1982 — Whether dispute concerning Community law — Whether Ireland failing to respect exclusive jurisdiction vested in Court — Whether dispute requiring interpretation and application of Community law measures — Whether Ireland failing to comply with duty of cooperation — Whether Ireland failing to fulfil its obligations under Articles 10 and 292 of EC Treaty and Articles 192 and 193 of Euratom Treaty

International tribunals — Arbitral Tribunal established under Annex VII of United Nations Convention on the Law of the Sea, 1982 — Jurisdiction — EC Member State submitting dispute with other EC Member State to Arbitral Tribunal — Whether dispute concerning Community law — Whether EC Member State thereby failing to fulfil its obligations under EC and Euratom Treaties — Whether system for resolution of disputes in EC Treaty or Part XV of UNCLOS having precedence

Treaties — United Nations Convention on the Law of the Sea, 1982 — UNCLOS concluded by European Community and all its Member States — Mixed agreement — Status of UNCLOS in Community legal order — EC Member State relying on UNCLOS provisions in submitting dispute to Arbitral Tribunal — Whether UNCLOS provisions in issue within scope of Community competence — Whether forming integral part of Community legal order — Whether dispute concerning interpretation or application of EC or Euratom Treaties — Effect of UNCLOS on allocation of responsibilities in Treaties — Effect of UNCLOS on autonomy of Community legal system

Relationship of International Law and Municipal Law — Treaties — United Nations Convention on the Law of the Sea, 1982 — Arbitral Tribunal established under Annex VII of UNCLOS — European Community — EC and Euratom Treaties — Obligations of Member States of European Community under EC and Euratom Treaties — Exclusive jurisdiction of Court of Justice of the European Communities — Autonomy of Community legal order — Whether EC Member States having conflicting legal obligations under public international law — Whether UNCLOS part of Community legal order — Court’s jurisdiction over mixed agreements such as UNCLOS — Scope — Whether UNCLOS provisions in issue within Community competence — Whether part of Community law — Whether subject to Court’s jurisdiction — Whether system for resolution of disputes in EC Treaty or Part XV of UNCLOS having precedence

International organizations — European Community — Autonomy of Community legal system — Whether international agreement affecting allocation of responsibilities defined in EC and Euratom Treaties — Obligations of EC Member States — EC Member State instituting dispute-settlement proceedings against another EC Member State under United Nations Convention on the Law of the Sea, 1982 — Whether Member State failing to fulfil its obligations under EC and Euratom Treaties — Whether Court of Justice having exclusive jurisdiction over dispute between EC Member States

Sea — Environmental protection — United Nations Convention on the Law of the Sea, 1982 — Protection of marine environment — UNCLOS provisions invoked in dispute relating to protection of marine environment — Whether within scope of European Community competence — Whether subject to jurisdiction of Court of Justice of the European Communities — The law of the European Communities

State immunity — Jurisdictional immunity — Employment — Employment at embassy — Dual German and Algerian national employed as driver at Algerian Embassy in Germany — Employment dispute — Whether Algeria entitled to immunity from jurisdiction of the German courts — EU Regulation No 44/2001 — Whether embassy to be treated as branch, agency or other establishment — Contractual clause giving exclusive jurisdiction to the courts of Algeria

Relationship of international law and municipal law — Effect of international law in the law of the European Union — International law on State immunity — Uncertain scope of international law — The law of the European Union

States — Head of State — Privileges and immunities — Status when visiting territory of another State — Obligations of the host State — Member States of the European Union — Citizenship of the European Union — Free movement of EU citizens — Whether applicable to Head of State — Head of State of one EU Member State barred from entering the territory of another EU Member State — Whether compatible with EU law

Relationship of international law and municipal law — Effect of international law in the law of the European Union — International law forming part of the EU legal order — International law regarding Heads of State — The law of the European Union

Treaties — Application — Principle of non-retroactivity — Article 28 of Vienna Convention on the Law of Treaties, 1969 — Slovenia ratifying European Convention on Human Rights, 1950 on 28 June 1994 — Death of son of applicants on 19 May 1993 — Applicants complaining that Convention rights breached by Slovenia due to inefficiency of Slovenian judicial system in establishing responsibility for their son’s death — Whether Court having temporal jurisdiction to deal with complaint concerning procedural aspect of Article 2 of Convention — Time of interference principle — Detachability of procedural obligations — Whether procedural obligation to carry out effective investigation under Article 2 of Convention separate and autonomous duty — Whether binding on State even if death occurred prior to date of Slovenia’s ratification of Convention — Jurisprudence of United Nations Human Rights Committee and Inter-American Court of Human Rights — Principle of legal certainty — Exhaustion of domestic remedies

Human rights — Right to life — Fundamental nature of right — Applicants’ complaint of their son’s death due to medical negligence — Applicants instituting criminal and civil proceedings in Slovenia — Procedural obligation to carry out effective investigation under Article 2 of European Convention on Human Rights, 1950 — Whether domestic authorities failing to deal with applicants’ claim with level of diligence required by Article 2 — Whether Slovenia violating Article 2 of Convention in its procedural limb

Relationship of international law and municipal law — European Convention on Human Rights, 1950 — Incorporation into domestic law by Human Rights Act 1998 — Human Rights Act 1998 entering into force on 2 October 2000 — Application — Interpretation — European Court of Human Rights — Temporal jurisdiction — Grand Chamber decision of European Court of Human Rights — Šilih — Meaning — Nature of obligations imposed by Article 2 of European Convention — Substantive and procedural obligations — Procedural obligation requiring State to carry out effective official investigation into circumstances of death — Procedural obligation detachable from substantive obligation — Effect of Šilih decision on domestic law — Previous House of Lords decision in McKerr inconsistent with Šilih decision — Whether McKerr binding — Deaths occurring before commencement of Human Rights Act 1998 — Substantive obligation having no application in domestic law — Scope of inquests — Whether inquests into deaths to comply with procedural obligation under Article 2 of Convention — Whether breach of claimants’ Article 2 rights under Human Rights Act 1998

Human rights — Right to life — Article 2 of European Convention on Human Rights, 1950 — Nature of obligations — Decision of European Court of Human Rights in Šilih — Procedural obligation to investigate deaths detachable from substantive obligation — Procedural obligation requiring State to carry out effective official investigation into circumstances of death — Human Rights Act 1998 incorporating Convention into domestic law — Human Rights Act 1998 commencing 2 October 2000 — Deaths occurring before commencement of Act — Scope of inquest into deaths — Whether inquests into deaths to comply with procedural obligation under Article 2 of Convention — The law of Northern Ireland

Human rights — Inhuman and degrading treatment — Conditions of detention in Russian remand prisons — Conditions in courtroom before and during trial — Whether violation of Article 3 of European Convention on Human Rights, 1950

Human rights — Right to liberty and security — Arrest for failure to respond to witness summons — Whether violation of Article 5(1)(b) of European Convention on Human Rights — Exclusion of public from hearings — Whether violation of Article 5(1)(c) of Convention — Whether applicant’s continuous detention justified by compelling reasons outweighing presumption of liberty — Whether violation of Article 5(3) of Convention — Whether procedural flaws in detention proceedings — Whether unacceptable delays in appellate review of detention orders — Whether violation of Article 5(4) of European Convention on Human Rights, 1950

Human rights — Limitation on use of restriction on rights — Whether State using criminal prosecution for political ends — Presumption of good faith — Standard of proof — Whether violation of Article 18 of European Convention on Human Rights, 1950

Damages — Non-pecuniary damage — Whether findings of violations of Articles 3 and 5 of Convention sufficient — Costs and expenses — Whether indication of specific individual measures were appropriate — Articles 41 and 46 of European Convention on Human Rights, 1950

Extradition — Eligibility for surrender — Risk of discrimination against respondent at trial — Extradition objection — Necessary causal connection between potential punishment, detention or restriction of liberty and person’s political opinions — Whether ineligibility for mitigating factors in sentencing is punishment — Extradition Act 1988 (Cth)

War and armed conflict — War crimes — Armed conflict between Croatia and Serbia — Extradition — The law of Australia

Extradition — Extradition Act 1988 (Cth) — Bilateral Extradition Treaty between Australia and Hungary — Treaty interpretation — Double criminality — Requirement that offence charged was crime at time of commission of offence — War crimes — Refusal of surrender

Extradition — Double criminality — Nature and scope of requirement — Temporal element — Whether acts constituting offence must have constituted the precise crime for which extradition requested at the date they took place — War crimes — Murder — Respondent accused of war crime of murdering civilian in Hungary in 1944 — Murder constituting offence under Hungarian law in 1944 — Offence of war crimes added to Hungarian law at later date

Treaties — Interpretation — Vienna Convention on the Law of Treaties, 1969 — Articles 31 and 32 — Whether declaratory of customary international law — Interpretation of treaty given effect by statute — Relevance of subsequent practice of the parties

Relationship of international law and municipal law — Treaties — Interpretation — Extradition treaty — Treaty given effect in Australian law by statute — Approach to treaty interpretation

War and armed conflict — War crimes — Extradition — Requirement of double criminality — War crime constituting offence of murder — The law of Australia

State immunity — Jurisdictional immunity — Exceptions to immunity — Proceedings concerning commercial transaction — Antitrust law and anticompetitive behaviour — Proceedings instituted by regulator — Public and private law distinction — Agreements or understandings as “commercial transactions” — The law of Australia

State immunity — Nature and scope — Applicability — Concept based on equality of States — People’s Republic of China resuming sovereignty over Hong Kong Special Administrative Region after 1 July 1997 — Whether action against organ of Chinese Government in Hong Kong impleading foreign State — Whether sovereign immunity having application inter-provincially — Basic Law of Hong Kong Special Administrative Region — “One country, two systems” principle — Crown immunity — Applicability — Nature — Concept based on inequality of ruler and ruled — Crown Proceedings Ordinance enacted in Hong Kong in 1957 — Effect on common law doctrine of Crown immunity — New constitutional order — Crown immunity after 1 July 1997 — Whether subsisting — Whether defendant owners of vessel Hua Tian Long entitled to assert Crown immunity — Whether forming part of Crown of People’s Republic of China — Whether submitting to Court’s jurisdiction — Whether waiving right to immunity — The law of the Hong Kong Special Administrative Region of the People’s Republic of China

International organizations — Responsibility — Attribution of acts to international organization or to States — United Nations — Peacekeeping mission — United Nations Security Council establishing United Nations Protection Force (“UNPROFOR”) — Security Council Resolution 743 (1992) — Peacekeeping mission of UNPROFOR extending to Bosnia and Herzegovina

State responsibility — Attribution — National contingent in United Nations force — State placing troops at disposal of United Nations — Dutch battalion contingent in UNPROFOR — Alleged wrongful conduct of contingent — Whether attributable to State — Whether attributable to United Nations — Whether attributable to both State and United Nations — Assessment in accordance with international law — Decisive criterion for attribution — Effective control — Context for alleged conduct — Whether alleged conduct unlawful — Bosnian law — Principles laid down in Articles 6 and 7 of International Covenant on Civil and Political Rights, 1966 — Whether State liable for damages

Relationship of international law and municipal law — Treaties — Customary international law — European Convention on Human Rights, 1950, Articles 2 and 3 — International Covenant on Civil and Political Rights, 1966 (“ICCPR”), Articles 6 and 7 — Right to life — Prohibition of inhuman treatment — Fundamental legal principles of civilized nations — Universally valid — Binding upon State — Bosnia and Herzegovina party to ICCPR — ICCPR constituting part of Bosnian law — ICCPR provisions having priority over Bosnian law in event of inconsistency — Constitution of Bosnia and Herzegovina, Article 3 — Alleged wrongful conduct to be tested against law of Bosnia and Herzegovina in accordance with Dutch international private law — Alleged wrongful conduct to be tested against legal principles contained in European Convention and ICCPR — The law of the Netherlands