International Court of Justice — Provisional measures of protection — Consular relations — Death penalty — Prima facie jurisdiction — Prima facie existence of a dispute — Prima facie jurisdiction ratione materiae — Vienna Convention on Consular Relations, 1963 (“Vienna Convention”) — Optional Protocol to Vienna Convention concerning Compulsory Settlement of Disputes, 1963 — Whether Agreement on Consular Access of 21 May 2008 excluding application of Vienna Convention — Plausibility — Article 36(1) of Vienna Convention — Right to consular access — Right to be informed of one’s consular rights — Irreparable prejudice — Urgency — Whether existence of appeals procedure against death sentence removing real and imminent risk of irreparable prejudice — Link between provisional measures requested and rights sought to be protected

Consular relations — Right of access to consul for person arrested — Indian national sentenced to death by court in Pakistan — Vienna Convention on Consular Relations, 1963 — Article 36(1) — Failure of arresting authorities to provide consular access — Whether Article 36(1) of Vienna Convention applying to persons suspected of espionage or terrorism

Treaties — Interpretation — Vienna Convention on Consular Relations, 1963 — Article 36(1) — Whether Article 36(1) of Vienna Convention applying to persons suspected of espionage or terrorism

Terrorism — Consular relations — Right to consular access — Treaties — Interpretation — Vienna Convention on Consular Relations, 1963 — Article 36(1) — Whether Article 36(1) of Vienna Convention applying to persons suspected of espionage or terrorism

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 — Costs — UNCITRAL Rules, Article 40(1)

Damages — Principle of full compensation for loss — Chorzów Factory principle — Causation — Cost of suspension of activities of investment — Valuation — Cost of borrowing — Interest

Economics, trade and finance — Investment — Bilateral investment treaty — Fair and equitable treatment — Health insurance business — Ban on profits and prohibition of sale of portfolio — Full protection and security — Free transfers

Expropriation — Investment — Bilateral investment treaty — Protection against expropriation — Requirement of deprivation of investment — Measures subsequently reversed — Whether amounting to deprivation of property

Arbitration — Jurisdiction — Bilateral investment treaty — Treaty between two Member States of the European Union — Whether provision for investor–State arbitration compatible with European Union law — Applicable law — Whether including European Union law — Nature of arbitration tribunal — Relationship with national courts and with Court of Justice of the European Union

Economics, trade and finance — Investment — Bilateral investment treaty — Treaty between two Member States of the European Union — Arbitration provision — Whether provision for arbitration of investor–State dispute compatible with European Union law

Treaties — Bilateral investment treaty — Agreement on Encouragement and Reciprocal Protection of Investments between the Kingdom of the Netherlands and the Czech and Slovak Federal Republic, 1991 — Whether investor–State dispute resolution provision providing for arbitration compatible with Treaty on the Functioning of the European Union, 2007

Relationship of international law and municipal law — European Union law — Double nature of European Union law as part of the law in force in every Member State and as deriving from an international agreement between the Member States — Relationship between rights accorded to investors under bilateral investment treaty and principles of European Union law — The law of the European Union

Relationship of international law and municipal law — Treaties — United Nations Charter, 1945 — Principles of international law — Customary international law — European Union law — Judicial review — Defendants applying EU law provisions — Whether defendants acting unlawfully — International agreements concluded by European Union — Failure to distinguish between sovereign territories of Morocco and Western Sahara — Morocco’s occupation of Western Sahara — Right of people of Western Sahara to self-determination — Validity of actions of European Union in reaching agreements — Whether European Commission able to make agreements and remain in conformity with international law and UN Charter without consultation and consent of Saharawi people and recognized representatives having been obtained — Whether claimant’s claims justiciable — Whether EU measures arguably unlawful — Whether arguable case of manifest error by European Commission in understanding and applying international law — Whether appropriate for English court to request preliminary reference from Court of Justice of the European Union

Territory — Non-self-governing territory — Western Sahara — Morocco’s occupation of Western Sahara — Agreements between European Union and Morocco — Failure to distinguish between sovereign territories of Morocco and Western Sahara — Validity of actions of European Union in reaching Agreements — Whether European Commission able to make Agreements and remain in conformity with international law and UN Charter without consultation and consent of Saharawi people and recognized representatives having been obtained — Whether arguable case of manifest error by European Commission in understanding and applying international law — Whether appropriate for English court to request preliminary reference from Court of Justice of the European Union

State responsibility — International Law Commission’s Articles on Responsibility of States for Internationally Wrongful Acts, 2001 — Duty of States to cooperate to end serious breaches of peremptory norm of international law — Customary international law — Whether failure by administering power to promote self-determination constituting a breach — Whether arguable case of manifest error by European Commission in understanding and applying international law — Whether appropriate for English court to request preliminary reference from Court of Justice of the European Union — The law of England

Human rights — Self-determination — Obligation erga omnes — Non-self-governing territories — Western Sahara — Whether inclusion of territory of Western Sahara and of waters adjacent thereto within scope of EU–Morocco Fisheries Partnership Agreement, 2006 constituting breach of right of people of Western Sahara to self-determination

Jurisdiction — European Court of Justice — Competence to review legality of international agreements concluded by European Union with third countries — EU–Morocco Fisheries Partnership Agreement, 2006 — Whether Monetary Gold principle applicable

Recognition — Obligation not to recognize an illegal situation resulting from a breach of right to self-determination and not to render aid or assistance in maintaining that situation — Whether European Union breaching this obligation by concluding EU–Morocco Fisheries Partnership Agreement, 2006, in as far as it applies to Western Sahara and waters adjacent thereto

Relationship of international law and municipal law — Treaties — Custom — Judicial review of international agreements concluded by European Union — Whether rules of international law can be invoked in judicial review — Conditions that must be met in order to invoke rules of international law in judicial review — Whether right to self-determination, principle of permanent sovereignty over natural resources and rules of international humanitarian law applicable to conclusion of international agreements concerning exploitation of natural resources of occupied territory can be invoked

Sea — Maritime zones — Territorial sea — Exclusive economic zone — Rights and jurisdiction of coastal State — Fisheries — Whether waters adjacent to territory of Western Sahara forming part of Moroccan fishing zone under EU–Morocco Fisheries Partnership Agreement, 2006

States — Sovereignty — Extent of sovereignty — Morocco — Western Sahara — International recognition of Western Sahara as a non-self-governing territory — Whether agreements concluded between Morocco and European Union applicable to Western Sahara

Territory — Non-self-governing territory — Western Sahara — UN Charter, 1945, Article 73 — Principle of permanent sovereignty over natural resources — Administering power — Rights and obligations of administering powers — Power to conclude international agreements applicable to non-self-governing territory — Whether Morocco administering power of Western Sahara

Treaties — Interpretation — Vienna Convention on the Law of Treaties, 1969, Article 31 — Whether binding on European Union — Subsequent agreement between parties — Special meaning given by parties to term of treaty

Treaties — Application — Scope — Principle that treaty not applicable to third parties — Agreements between European Union and Morocco — Whether applicable to Western Sahara — Whether Western Sahara a third party

War and armed conflict — Occupation — Existence of occupation — Powers of occupant — Treaty-making power in relation to occupied territory — Exploitation of natural resources of occupied territory — Hague Convention IV of 1907 — Articles 42, 43 and 55 of the Hague Regulations — Fourth Geneva Convention, Article 64(2) — Whether lex specialis in comparison to principle of permanent sovereignty over natural resources — Whether Morocco occupying power of Western Sahara — The law of the European Union

Human rights — Prohibition of torture and inhuman or degrading treatment or punishment — Aliens — Detention of family in detention centre — Child accompanying parents — Foreign child — Relevance of illegal immigrant status — Age of child — Length and conditions of confinement — Whether treatment exceeding permissible threshold — Whether violation of Article 3 of European Convention on Human Rights, 1950 in respect of child

Human rights — Right to liberty and security — Whether procedure prescribed by law and lawful — Deprivation of liberty in case of child — Whether detention measure of last resort with no possible alternative — Whether violation of Article 5 of European Convention on Human Rights, 1950 in respect of child

Aliens — Asylum seekers — Detention of migrant children — Family detained in detention centre — Conditions in detention centre — European Convention on Human Rights, 1950, Articles 3, 5 and 8 — Jurisprudence of European Court of Human Rights — Convention on the Rights of the Child, 1989, Articles 3 and 37 — Whether detention of migrant children and their parents illegal — Whether Norway violating international obligations and Constitution of Norway — Whether damages appropriate

Human rights — Prohibition of torture and inhuman or degrading treatment or punishment — Whether detention of children and their parents illegal — Jurisprudence of European Court of Human Rights — Age of children — Length and conditions of detention — Whether violation of Article 3 of European Convention on Human Rights, 1950

Human rights — Right to freedom and security — Whether detention of children and their parents illegal — Jurisprudence of European Court of Human Rights — Whether detention of family measure of last resort with no possible alternative — Whether violation of Article 5(1) of European Convention on Human Rights, 1950

Human rights — Right to respect for private and family life — Whether detention of children and their parents illegal — Jurisprudence of European Court of Human Rights — Whether detention justified — Whether compelling societal needs — Whether proportionate — Whether violation of Article 8 of European Convention on Human Rights, 1950

Human rights — Rights of the child — Whether detention of children illegal — Convention on the Rights of the Child, 1989, Articles 3 and 37 — Interpretation of Article 3 — Best interests of the child — Prohibition of torture and inhuman or degrading treatment or punishment — Whether measure strictly necessary — Whether violation of Articles 3 and 37 of Convention on the Rights of the Child, 1989

Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950, Articles 3, 5 and 8 — Convention on the Rights of the Child, 1989, Articles 3 and 37 — Constitution of Norway — Jurisprudence of European Court of Human Rights — 2015 report by UN Special Rapporteur on Torture — Whether detention of migrant children and their parents illegal — Whether damages appropriate — The law of Norway

Economics, trade and finance — World Trade Organization — General Agreement on Tariffs and Trade — Relationship with other international agreements — North American Free Trade Agreement — Measures allegedly taken contrary to GATT said to be countermeasures responding to violation of NAFTA — WTO dispute settlement mechanism

International tribunals — Jurisdiction — Discretion not to exercise jurisdiction — Whether inherent power — WTO dispute settlement system — Whether Panel empowered to decline to exercise jurisdiction — Whether dispute between two States parties to NAFTA should be heard by arbitral tribunal under NAFTA rather than by panel under the WTO Dispute Settlement Understanding

Reprisals and countermeasures — Nature and scope — Relationship between countermeasures under international law and measures to secure compliance with laws and regulations within the WTO — Whether falling under GATT Article XX(d)

Treaties — Interpretation — Effect — Interpretation of GATT Article XX(d) — Relationship between GATT and other international agreements

War and armed conflict — International armed conflict — Non-international armed conflict — Status of armed conflict — Law of armed conflict — Armed conflict at sea — Whether armed conflict between non-State organization and Israel — Terrorism — Use of terrorist methods — Relevance — Prerequisites for determining existence of armed conflict — Whether necessary to determine whether armed conflict international or non-international in character — Distinction between war crime and ordinary crime — War crimes — Nexus requirement — Attack in law governing conduct of hostilities — Military objective — Law governing armed conflict at sea — Right to a naval blockade — Status of merchant vessel breaching naval blockade — Status of goods on merchant vessel breaching naval blockade — Contraband — Enforcement of naval blockade on high seas — Naval blockade in law of international armed conflict — Non-international armed conflict — Whether power to impose a naval blockade applicable — Distinction between members of non-State organized armed groups and civilians — Journalists and war correspondents — Civilian taking a direct part in hostilities — Proportionality — International criminal law — Humanitarian assistance and peacekeeping missions — Wilfully causing great suffering and serious injury to body or health — Deportation and forcible transfer — Humiliating and degrading treatment — Unjustifiably delaying return home of a person detained after enforcement of naval blockade — Pillaging and unlawfully destroying, appropriating or seizing property — Crimes against humanity — Contextual element of widespread or systematic attack against any civilian population — Person hors de combat in law of armed conflict and international criminal law — Whether criminal investigation to be instigated — Whether sufficient reason to believe crime committed to detriment of German and non-German nationals

International criminal law — War crimes — Crimes against humanity — Law of armed conflict — Armed conflict at sea — Humanitarian assistance and peacekeeping missions — Wilfully causing great suffering and serious injury to body or health — Deportation and forcible transfer — Humiliating and degrading treatment — Unjustifiably delaying return home of a person detained after enforcement of naval blockade — Pillaging and unlawfully destroying, appropriating or seizing property — Crimes against humanity — Contextual element of widespread or systematic attack against any civilian population — Person hors de combat — Whether criminal investigation to be instigated — Whether sufficient reason to believe crime committed to detriment of German and non-German nationals

Sea — Armed conflict at sea — Treaties — Customary international law — Right to a naval blockade — Legal prerequisites — Status of merchant vessel breaching naval blockade — Status of goods on merchant vessel breaching naval blockade — Contraband — Enforcement of naval blockade on high seas — Naval blockade in law of armed conflict — Whether power to impose a naval blockade applicable — Whether criminal investigation to be instigated — Whether sufficient reason to believe crime committed to detriment of German and non-German nationals

Jurisdiction — Universal jurisdiction — Extraterritorial jurisdiction in case of attack on marine traffic — Passive personality principle — Law of Germany including discretion not to exercise universal jurisdiction — Immunity from foreign criminal jurisdiction — The law of Germany

Economics, trade and finance — Economic sanctions — Liberia — UN Security Council Resolutions 1343 (2001) and 1408 (2002) — Implementation of arms embargo under Dutch law — Whether sanctions regime violated

International criminal law — Difference between perpetrator and accomplice liability — Complicity in war crimes — Requirement that defendant promoted or facilitated the commission of war crimes — Conditional intent — Whether defendant consciously accepted the probability that war crimes would be committed in connection with his material support — Risk of doing business with a government engaged in international criminal activity

International criminal law — Evidence — Admissibility and weight of witness statements — Factors relevant to assessing witness statements obtained in post-conflict environment — Coercion of witnesses — Whether inconsistencies in witness statements requiring acquittal

International criminal law — Circumstances excusing unlawful conduct — National emergency — Whether violations of arms embargo and laws and customs of war justified by right to self-defence under international law

Jurisdiction — Universal jurisdiction — War crimes — Prosecution of a Dutch national for offences committed abroad — Whether conduct of investigation by Dutch authorities making prosecution inadmissible — Whether amnesty scheme in Liberia barrier to prosecution — No violation of fair trial rights

War and armed conflict — Existence of armed conflict — Whether armed conflict international or internal — Limited gap between norms applicable to international versus non-international armed conflict — Whether violations of laws and customs of war giving rise to individual criminal liability under Dutch law — The law of the Netherlands