Relationship of international law and municipal law — Treaties — Effect in domestic law — Federal Republic of Germany — Postwar treaties — Treaty on the Final Settlement with respect to Germany, 1990 — Constitutional status — Whether part of German law

States — Germany — Status under allied occupation — Resumption of full sovereignty by united Germany — Effect on postwar treaties — Convention on the Settlement of Matters Arising out of the War and the Occupation, 1952

Treaties — Application — Termination — Convention on the Settlement of Matters Arising out of the War and the Occupation, 1952 — Effect in German law — Relationship with Treaty on the Final Settlement with respect to Germany, 1990 — Termination by exchange of notes, 1990

War and armed conflict — Reparations — Seizure of German external assets — Convention on the Settlement of Matters Arising out of the War and the Occupation, 1952 — Definition of German a matter for the law of the confiscating State — Persons of German ethnic origin possessing nationality of neutral State — Whether assets liable to seizure — Whether German courts entitled to adjudicate upon claims — The law of Germany

Relationship of international law and municipal law — Treaties — Effect in domestic law — Federal Republic of Germany — Postwar treaties — Treaty on the Final Settlement with respect to Germany, 1990 — Constitutional status — Whether part of German law

States — Germany — Status under allied occupation — Resumption of full sovereignty by united Germany — Effect on postwar treaties — Convention on the Settlement of Matters Arising out of the War and the Occupation, 1952

Treaties — Application — Termination — Convention on the Settlement of Matters Arising out of the War and the Occupation, 1952 — Effect in German law — Relationship with Treaty on the Final Settlement with respect to Germany, 1990 — Termination by exchange of notes, 1990

War and armed conflict — Reparations — Seizure of German external assets — Convention on the Settlement of Matters Arising out of the War and the Occupation, 1952 — Definition of German a matter for the law of the confiscating State — Persons of German ethnic origin possessing nationality of neutral State — Whether assets liable to seizure — Whether German courts entitled to adjudicate upon claims — The law of Germany

Human rights — Right to a fair trial — Admissibility of applicant’s complaint — German courts’ decisions declaring applicant’s action inadmissible under Chapter 6, Article 3(1) and (3) of Settlement Convention — Whether amounting to denial of access to court — Whether limitation on applicant’s right pursuant to legitimate aim — Whether proportionate — Interpretation and application of Chapter 6, Article 3(1) and (3) of Settlement Convention — Whether applicant’s interest outweighing public interest — Whether impairment to very essence of applicant’s right of access to court — Whether applicant having a fair hearing in Federal Constitutional Court — Whether Germany violating Article 6(1) of European Convention on Human Rights, 1950

Human rights — Right to property — Admissibility of applicant’s complaint — Confiscation of painting belonging to applicant’s father by former Czechoslovakia in 1946 while on Czechoslovak territory — German courts declaring applicant’s claims of ownership of painting inadmissible — Germany returning painting to Czech Republic — Whether interference with applicant’s “possessions” — Whether Germany violating Article 1 of Protocol No 1 to European Convention on Human Rights

Human rights — Prohibition of discrimination — Admissibility of applicant’s complaint — Nationality — Whether discrimination against applicant as Liechtenstein national — Article 14 of European Convention on Human Rights complementing other substantive provisions of Convention and its Protocols — Whether Article 14 applicable — Whether Germany violating Article 14

Treaties — Interpretation — Jurisdiction — Settlement Convention — Chapter 6, Article 3(1) and (3) of Settlement Convention excluding German jurisdiction — Treaty of 12 September 1990 on Final Settlement — Amendments to Treaty by Agreement of 27 and 28 September 1990 — Suspension and termination of Settlement Convention — Preservation of Chapter 6, Article 3(1) and (3) of Settlement Convention with respect to Germany — Exclusion of German jurisdiction

Relationship of international law and municipal law — Settlement Convention, Chapter 6, Article 3 — Interpretation — Whether excluding German jurisdiction — German courts dismissing applicant’s complaint — Confiscation of painting belonging to applicant’s father — Whether constituting measure under Chapter 6, Article 3(1) and (3) of Settlement Convention — Whether provisions set aside by Treaty on Final Settlement, 1990 — Interest of applicant versus vital public interest — Whether German courts’ interpretation of municipal law, including as to international law, compatible with European Convention on Human Rights

War and armed conflict — Second World War — Germany capitulating on 8 May 1945 — Occupation — Four Allied Powers assuming supreme authority in Germany — Allied Declaration of 5 June 1945 — Convention on Settlement of Matters Arising out of the War and the Occupation, 1952 — Settlement Convention amended by Schedule IV to Protocol on the Termination of the Occupation Regime in Federal Republic of Germany, 1954 — Particular status of Germany under international law after Second World War — Germany lacking full authority of sovereign State over its internal and external affairs — Treaty on Final Settlement, 1990 — Preservation of Chapter 6, Article 3(1) and (3) of Settlement Convention with respect to Germany — Political union of Federal Republic of Germany and German Democratic Republic on 3 October 1990 — Reunification of Germany — Germany obtaining full sovereign State authority

International Court of Justice — Jurisdiction — Limitations ratione temporis — European Convention for the Peaceful Settlement of Disputes — Exclusion of disputes relating to facts or situations prior to entry into force of the Convention — Source or real cause of dispute — Beneš Decrees adopted by Czechoslovakia at the end of Second World War — Confiscation of property of Germans irrespective of nationality — Litigation in Germany in 1990s regarding painting confiscated under Decrees — Convention on the Settlement of Matters Arising out of the War and the Occupation, 1952 — German courts refusing remedy to original owner on basis that Settlement Convention applicable — Whether real cause of dispute the Decrees and the Settlement Convention or the decisions of the German courts

War and armed conflict — Second World War — Germany capitulating on 8 May 1945 — Occupation — Four Allied Powers assuming supreme authority in Germany — Allied Declaration of 5 June 1945 — Convention on Settlement of Matters Arising out of the War and the Occupation, 1952 — Settlement Convention amended by Schedule IV to Protocol on the Termination of the Occupation Regime in Federal Republic of Germany, 1954 — Particular status of Germany under international law after Second World War — Germany lacking full authority of sovereign State over its internal and external affairs — Treaty on Final Settlement, 1990 — Preservation of Chapter 6, Article 3(1) and (3) of Settlement Convention with respect to Germany — Effects on ownership of confiscated property

Economics, trade and finance — Economic sanctions — Consequences — European Community law — Implementation in Community law of sanctions imposed by United Nations Security Council — Security Council Resolutions 1267 (1999), 1333 (2000) and 1390 (2002) — Council Regulation (EC) No 881/2002 — Duty to take measures to freeze funds and other financial assets of individuals and entities associated with Usama bin Laden, Al-Qaeda network and Taliban — Designation by Sanctions Committee — Applicants suspected of supporting terrorism — Applicants listed by Sanctions Committee — Applicants listed in Annex I to Regulation — Applicants’ funds frozen in European Community — Applicants seeking annulment of Regulation — Whether effects of Regulation to be maintained on applicants

International organizations — United Nations — Security Council — Security Council having primary responsibility for maintenance of international peace and security — Threat of international terrorism — Decision under Chapter VII of United Nations Charter — Economic sanctions — Security Council Resolutions 1267 (1999), 1333 (2000) and 1390 (2002) — Sanctions Committee — Listing of applicants — Duty on Member States to implement SCRs — United Nations Charter, Article 25 — Obligation to give effect to decision of Security Council prevailing over other international obligations — United Nations Charter, Article 103

International organizations — European Community — Implementation of sanctions imposed by United Nations Security Council — Security Council Resolutions 1267 (1999), 1333 (2000) and 1390 (2002) — Council Regulation (EC) No 881/2002 giving effect to SCRs in Community — Whether Community having competence to adopt Council Regulation — Legal basis of Regulation — Whether Articles 60 and 301 of European Community Treaty appropriate and sufficient legal basis — Whether Article 308 of EC Treaty providing legal basis — Whether Community act applying generally — Whether infringement of Article 249 of EC Treaty — EC Treaty constitutional principles — Requirement that Community acts respect fundamental rights — Listing of applicants in Annex I of Regulation — Whether Regulation breaching fundamental rights of applicants — Validity of Regulation

Relationship of international law and municipal law — United Nations — United Nations Charter — European Community — EC Treaty — Relationship between international legal order under United Nations and internal and autonomous Community legal order — Community act intending to give effect to international law obligations — Regulation implementing Resolution adopted by Security Council under Chapter VII of United Nations Charter — Whether Community judicature excluded in principle from judicially reviewing Community act in light of fundamental freedoms — Judicial review being constitutional guarantee forming part of foundations of Community — Whether international agreement affecting allocated powers or legal autonomy of European Community — United Nations Charter, Article 103

International tribunals — Court of Justice of the European Communities — Judicial review of acts of Community institutions — EC Treaty constitutional principles — Requirement that Community acts respect fundamental rights — Whether act reviewable — Standard of review — Whether Court of Justice having authority to review Community act giving effect to United Nations Security Council Resolutions — Whether Court thereby reviewing Resolutions — Whether basis in EC Treaty for immunity from jurisdiction for Regulation — Whether Regulation lawful

Human rights — Rights of defence — Right to be heard — Right to effective judicial review — Right to property — Whether restrictions justified — Principle of proportionality — Guidelines provided by international human rights instruments in which Member States of European Community involved — European Convention on Human Rights — Whether United Nations sanctions system adequately protecting fundamental rights — Nature and effect of restrictive measures on applicants — Whether infringement of applicants’ fundamental rights

Terrorism — Threat of international terrorism — Maintenance of international peace and security — Security Council — Chapter VII of United Nations Charter — Security Council Resolutions — Economic sanctions — Enforcement — Freezing funds in fight against terrorism — Whether inappropriate or disproportionate — Whether annulment of EC Regulation with immediate effect capable of seriously and irreversibly prejudicing effectiveness of measures — Whether judicial review disrupting United Nations sanctions system — The law of the European Community

Economics, trade and finance — Economic sanctions — Freezing of funds pursuant to United Nations Security Council Resolutions — Implementation within European Community — Council Regulation (EC) No 881/2002 — Applicant seeking annulment of contested regulation in so far as it concerned him — Whether annulment with immediate effect capable of seriously and irreversibly prejudicing effectiveness of restrictive measures imposed by regulation

International organizations — United Nations — Security Council Resolutions — Restrictive measures directed against certain individuals and entities to combat terrorism — Freezing of funds — Implementation required by European Community — Council Regulation (EC) No 881/2002 — Applicant listed in Annex I to Regulation as person associated with Usama bin Laden — Applicant seeking annulment of contested regulation in so far as it concerned him — Whether Council Regulation (EC) No 881/2002 breaching applicant’s fundamental human rights

Human rights — Due process — Right to be heard — Right to effective legal remedy — Right to property — Impact of restrictive measures on rights and freedoms of applicant — Whether contested regulation adopted according to procedure where applicant’s rights infringed — Extent, effects and justification, if any, of restriction of use of right to property — Applicant seeking annulment of contested regulation

Terrorism — Suppression of international terrorism — Maintenance of international peace and security — Security Council adopting Resolutions under Chapter VII of United Nations Charter — Implementation of Security Council Resolution within European Community — Council Common Position reflecting UN Security Council Resolutions — EC Community adopting EC Regulations to give effect to Council Common Position — The law of the European Community

Relationship of international law and municipal law — Act of State doctrine — Alleged violations of international law and Australian law by Australian officials — Allegation that Australian officials aided and abetted torture and ill-treatment by officials of foreign States — Whether justiciable in Australian courts

Human rights — Torture — Prohibition of torture a jus cogens rule — Whether status of rule affecting justiciability of alleged breach — Detention of applicant at Guantánamo Bay — Allegations of torture — The law of Australia

War and armed conflict — War — Definition of “war” and of “participation in war” — Distinction between “war” and “armed conflict” — Neutrality of States under international law — Whether assisting aircraft constituting loss of neutral status — Effect of loss of neutral status on State — Foreign aircraft involved in military operations in Afghanistan — Whether Ireland permitting overflight, landing and refuelling of aircraft carrying troops and munitions to Afghanistan constituting participation in war — Participation in war requiring assent of parliament — Constitution of Ireland, Article 28.3 — Whether actions amounting to participation in war under constitution — Whether permissions granting assistance without assent of parliament unconstitutional

Relationship of international law and municipal law — Relations between States — Justiciability — Separation of powers — Matters of war and participation in war — Need for court to exercise restraint in assessment of war and participation in war — The law of Ireland

Human rights — Inhuman or degrading treatment — Right to respect for family and private life — European Convention on Human Rights, 1950, Articles 3 and 8 — Interpretation and application — Whether States have an obligation to intervene actively to protect Article 8 rights — Limited nature of positive obligation to intervene — Limited nature of State resources — Statutory protection of Convention rights — No breach of statutory duty — Gap in legislative protection — Liability of State authorities under Convention where no breach of statutory duty — Duty of State authorities to act in manner compatible with Convention

Human rights — Protection of rights — Right to respect for family and private life — European Convention on Human Rights, 1950, Article 8 — Duty of State authorities to take account of traditions and sensitivities of nomadic peoples — Irish travellers — Accommodation — Provision of accommodation for Irish travellers by local housing authority — Extent of duty to provide caravan accommodation — Living conditions and circumstances — Plaintiffs with disabilities and special needs living in overcrowded and unsuitable conditions — Circumstances posing risk and affecting privacy and personal dignity of plaintiffs — Whether failure of housing authority to improve living conditions breaching Article 8 — Whether State authorities obligated to provide additional caravan to alleviate plaintiffs’ suffering — The law of Ireland

Relationship of international law and municipal law — Treaties — State succession — Non-justiciability — Transactions between foreign States — Treaty between foreign States not incorporated into English law — Socialist Federal Republic of Yugoslavia — Dissolution — Succession to assets — Agreement on Succession Issues — Bank incorporated in the United Kingdom — Accounts in the name of central bank of Socialist Federal Republic of Yugoslavia — Whether application to determine to whom funds to be paid justiciable

State succession — Dissolution of State — Socialist Federal Republic of Yugoslavia — Succession to property located outside Yugoslavia — Succession and continuity — The law of England