Arbitration — North American Free Trade Agreement, Chapter 11 — Procedure — ICSID arbitration — Additional Facility Rules

Economics, trade and finance — Investment protection — Fair and equitable treatment of investment — North American Free Trade Agreement, Article 1105 — Expropriation — Article 1110 — Relationship between the two provisions

Expropriation — Definition — North American Free Trade Agreement, Article 1110 — Whether denial of justice by courts capable of constituting expropriation — Contract governed by Mexican law — Decision of Mexican courts that contract invalid — Whether capable of amounting to expropriation in the absence of a denial of justice

State responsibility — Courts — Denial of justice — Circumstances in which State responsible for decisions of courts — Conduct constituting a denial of justice

Arbitration — Jurisdiction — North American Free Trade Agreement, Chapter 11 — ICSID arbitration — Additional Facility Rules — NAFTA Article 1121 — Requirement that claimant waive right to initiate or continue proceedings in other courts or tribunals — Scope — Relationship between claims under NAFTA and claims under domestic law — Distinction between jurisdiction and admissibility

Economics, trade and finance — Investment protection — North American Free Trade Agreement — Enforcement

Relationship of international law and municipal law — Treaties — Treaty obligations as part of municipal law — Relationship between violation of treaty and violation of domestic law — North American Free Trade Agreement

Arbitration — North American Free Trade Agreement, Chapter 11 — Procedure — UNCITRAL arbitration — Due process — Discovery — Claim of Crown privilege — North American Free Trade Agreement

Economics, trade and finance — Investment protection — Discrimination — North American Free Trade Agreement, Article 1102 — Fair and equitable treatment of investment — Article 1105 — Requirement of transparency — Performance requirements — Article 1106 — Environmental protection — Whether compatible with NAFTA principles

Environment — Hazardous waste — Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, 1989 — North American Free Trade Agreement — Balance between environmental protection and free and open trade

Expropriation — Definition — North American Free Trade Agreement, Article 1110 — Conduct tantamount to expropriation — Distinction between expropriation and regulation

State responsibility — Federal States — Responsibility for acts of State and local government — International Law Commission Draft Articles on State Responsibility

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)

Extradition — Nature — Surrender of accused person to International Criminal Tribunal for the Former Yugoslavia — Whether process of extradition — Whether constrained by human rights obligations of State called upon to effect surrender — Applicability of human rights treaty to extradition

Human rights — Fair trial — European Convention on Human Rights, 1950, Article 6 — Whether applicable to extradition — Whether applicable to surrender of accused person to International Criminal Tribunal for the Former Yugoslavia — Prohibition on retrospective criminal penalties — Accused person facing higher sentence in International Criminal Tribunal for the Former Yugoslavia than in national court

International criminal law — War crimes — Grave breaches — Crimes against humanity — Surrender of accused person to International Criminal Tribunal for the Former Yugoslavia — Whether Tribunal subject to human rights obligations

International criminal law — Torture — Definition — Torture committed during armed conflict — Whether prohibition of torture a rule of jus cogens — Torture as a crime against humanity — United Nations Convention against Torture, 1984 — Rape and sexual assaults as forms of torture — Use of rape and sexual assault in interrogation — Liability of co-perpetrator and accomplice — Sentence

International criminal law — War crimes — Crimes against humanity — Definition — Requirement of armed conflict — Nexus to armed conflict — Relationship between war crimes and crimes against humanity

International criminal law — Individual responsibility — Co-perpetrator — Accomplice — Requirements for accomplice liability

International tribunals — International Criminal Tribunal for the Former Yugoslavia — Procedure — Sentencing — Appeals — Judges — Impartiality

Human rights — Fair trial — Right to hearing before independent and impartial tribunal — Principle that no man should be judge in his own cause — Scope and application — Judge having been member of United Nations Commission on the Status of Women — Commission condemning practice of rape and sexual assault in conflicts in the former Yugoslavia — Whether judge disqualified from hearing case involving allegations of rape and sexual assault in Bosnia

War and armed conflict — Armed conflict — Definition — Conflict between Bosnian Croats and Bosnian Moslems — Status — War crimes — Grave breaches of the Geneva Conventions

International organizations — United Nations — Officials — Immunity — Scope — Convention on the Privileges and Immunities of the United Nations, 1946, Article VI, Section 22 — Diplomatic Privileges (United Nations and International Court of Justice) Order 1949, Article 12 — Defamation proceedings — United Nations Special Rapporteur — Whether immune from suit — Whether alleged defamatory statements made in capacity as Special Rapporteur — Whether certificates issued by Secretary-General of United Nations and Minister of Foreign Affairs conclusive evidence of defendant’s immunity — Role of national courts in questions of immunity

Relationship of international law and municipal law — Treaties — Immunity arising under treaty — Duty of national courts and executive — The law of Malaysia

International organizations — United Nations — Officials — Immunity — Scope — Convention on the Privileges and Immunities of the United Nations, 1946 — Article VI, Section 22 — Interpretation — Special Rapporteur of Commission on Human Rights — Whether Section 22 applicable to Special Rapporteur — Functional immunity — Whether interview given to journal by Special Rapporteur official act — Whether covered by immunity — Role of United Nations Secretary-General in deciding whether United Nations agent entitled to immunity

International Court of Justice — Advisory jurisdiction — Convention on the Privileges and Immunities of the United Nations, 1946 — Request for opinion by Economic and Social Council — Opinion binding on State

Relationship of international law and municipal law — Treaties — Effect in municipal law — Convention on the Privileges and Immunities of the United Nations, 1946 — Obligations on States Parties — Obligation to inform municipal court regarding immunity of Special Rapporteur

International organizations — United Nations — Officials — Immunity — Scope — Convention on the Privileges and Immunities of the United Nations, 1946, Article VI, Section 22 — Diplomatic Privileges (United Nations and International Court of Justice) Order 1949, Article 12 — Defamation proceedings — United Nations Special Rapporteur — Whether immune from suit — Whether defendant making alleged defamatory statements in his capacity as Special Rapporteur — Whether certificates issued by Secretary-General of United Nations and Minister of Foreign Affairs conclusive evidence of defendant’s immunity — Role of national courts in questions of immunity

Relationship of international law and municipal law — Treaties — Convention on the Privileges and Immunities of the United Nations, 1946 — Whether defendant immune from legal process — United Nations and Government of Malaysia having different views on question — Section 30 of Convention — United Nations and Government of Malaysia agreeing to refer question to International Court of Justice for Advisory Opinion — Whether Advisory Opinion having binding effect — The law of Malaysia

Diplomatic relations — Immunity — Foreign States Immunities Act 1981 — Entitlement of diplomatic envoy to act on country’s behalf in legal proceedings in another country — Whether acting Attorney-General entitled to represent Government of Lesotho in legal proceedings outside Lesotho — Section 98(1) of the Constitution of Lesotho — Whether waiver of immunity — Whether investigation into customs fraud an activity in exercise of sovereign authority — Whether Court possessing jurisdiction — The law of South Africa

State immunity — Foreign Sovereign Immunities Act 1976 — Section 1605(a)(5) — Whether Brazil entitled to immunity — Tortious act of Brazil’s employee — Whether employee acting within scope of office or employment — Whether Brazil liable for tortious act — The law of the United States of America

State immunity — Jurisdictional immunity — Commercial activity exception — Distinction between sovereign and commercial acts — Whether Bank of Jamaica’s activities commercial or governmental in nature — Whether having sufficient jurisdictional nexus with United States — Whether Bank entitled to immunity — Foreign Sovereign Immunities Act 1976

Relationship of international law and municipal law — Act of State doctrine — Relationship between act of State doctrine and commercial activity doctrine — Whether action barred under act of State doctrine — The law of the United States of America

Diplomatic relations — Treaties — Vienna Convention on Diplomatic Relations, 1961, Article 22 — Duty of States Parties to protect foreign embassies — Duty to protect any disturbance of peace of mission or impairment of its dignity — United States statute prohibiting display of placards bringing a foreign government into disrepute within 500 feet of the embassy (“display clause”) and persons congregating within 500 feet of the embassy (“congregation clause”)

Relationship of international law and municipal law — United States Federal Constitution — Guarantees of free speech and equal protection in First and Fourteenth Amendments to Constitution — Whether United States statute violating First Amendment — Constitutionality of display clause — Constitutionality of congregation clause — Whether statute serving compelling governmental interest — Role of court in assessment — United States’ obligations under international law — Article 22 of Vienna Convention on Diplomatic Relations, 1961 — Whether display and congregation restrictions permissible — Whether less restrictive alternative available — Whether United States statute achieving permissible accommodation between competing claims of fulfilment of international obligations and protection of freedom of expression enshrined in Federal Constitution — The law of the United States of America

State immunity — Head of State immunity — Whether former President of Philippines and his wife entitled to Head of State immunity — Scope of immunity — Whether customary international law existing — Restrictive theory of immunity — Foreign Sovereign Immunities Act 1976 — Whether appropriate for court to decide whether Head of State entitled to immunity — Whether Head of State immunity capable of being waived — Whether Philippine Government waiving immunity — Related doctrines of foreign sovereign immunity and diplomatic immunity — Purpose of doctrines — Mutual respect and comity among foreign States — The law of the United States of America

State immunity — Subject-matter jurisdiction — Foreign Sovereign Immunities Act 1976 (“FSIA”) — Doctrine of Head of State immunity — Act of State doctrine — Whether court having subject-matter jurisdiction over defendants — Whether President of United Arab Emirates entitled to immunity — Whether estate of former ruler of Emirate of Dubai entitled to immunity — Whether brother of current ruler of Dubai entitled to immunity — Whether Dubai defendants’ personal holding companies entitled to immunity — Whether court having personal jurisdiction over Dubai defendants

States — Whether Dubai independent State — Whether Dubai having defining characteristics of independent State under international law — Whether recognized by United States of America — Whether political subdivision of United Arab Emirates — The law of the United States of America

State immunity — Head of State immunity — Defendant indicted on drug-related charges — Whether defendant entitled to Head of State immunity — Foreign Sovereign Immunities Act 1976 (“FSIA”) — FSIA not addressing foreign sovereign immunity or Head of State immunity in criminal context — Judiciary to look to Executive Branch for guidance — View of Executive Branch on propriety of defendant’s Head of State immunity claim

Treaties — Extradition — Panama — United States of America, Treaty providing for the Extradition of Criminals, 1904 — Whether defendant brought to United States in violation of Treaty — Whether United States affirmatively agreeing not to seize foreign nationals from territory of Panama by reference to express language of Treaty or by established practice thereunder — Whether entitling defendant to reversal of convictions — The law of the United States of America

Diplomatic relations — Immunity — Whether defendant entitled to diplomatic immunity — Whether certification necessary — Whether compliance with accreditation process necessary — Vienna Convention on Diplomatic Relations, 1961 — Diplomatic Relations Act 1978 — Relevance of United Nations Convention on Special Missions — The law of the United States of America

State immunity — Jurisdictional immunity — Subject-matter jurisdiction — Foreign Sovereign Immunities Act 1976 (“FSIA”) — Exceptions — 1996 amendment to FSIA creating State-sponsored terrorism exception to immunity, codified at 28 USCA Section 1605(a)(7) — Whether requirements of Section 1605(a)(7) satisfied — Whether applying retroactively — Whether United States court having jurisdiction over Cuba and its political subdivisions

State responsibility — Imputability — Acts of terrorism — Cuban Air Force killing three United States citizens in civilian aircraft in unprovoked attack — Whether Cuban Air Force agent of Cuba — Whether Cuba responsible for extrajudicial killings — Whether Cuban Air Force liable under Civil Liability for Acts of State Sponsored Terrorism Act 1996 — Cuba’s liability — Theory of respondeat superior

Air — Cuban Air Force shooting down unarmed civilian aircraft — Unprovoked attack violating international norms — Norms codified in various international instruments — Convention on International Civil Aviation — International community condemning Cuba’s excessive use of force

Sea — Territorial sea — International law allowing twelve-mile territorial sea — United Nations Convention on the Law of the Sea, 1982 — Humanitarian mission over international waters — Civilian planes shot down over international waters — Act of terrorism occurring outside of Cuban territory

Sources of international law — Customary international law — Jus cogens — Acts of terrorism — Ban upon extrajudicial killing rising to level of jus cogens — Jus cogens norms non-derogable and peremptory — Highest status within customary international law — Inability to preempt by treaty — International law norm so fundamental that binding on all members of world community

Damages — Compensatory damages — Punitive damages — Civil Liability for Acts of State Sponsored Terrorism Act 1996 — Whether applying retroactively — Appropriate amount of punitive damages — Lack of precedent — Purpose of punitive damages — Punishment of reprehensible act — Deterrent effect — The law of the United States of America

State immunity — Foreign Sovereign Immunities Act 1976 (“FSIA”) — Antiterrorism and Effective Death Penalty Act 1996, codified in 28 USCA Section 1605, amending FSIA — State-sponsored terrorism exception to immunity — Availability of punitive damages in actions brought under the terrorism exception for personal injury or death — Jure gestionis — Removal of immunity for certain category of sovereign acts — Jure imperii — Whether act of State doctrine available as defence — Whether Head of State immunity available as defence — Whether Islamic Republic of Iran immune from suit — Whether officials of Islamic Republic of Iran immune from suit

Relationship of international law and municipal law — International terrorism — Sovereign acts repugnant to United States and international community — Federal initiative to combat international terrorism — Two amendments to Foreign Sovereign Immunities Act 1976 — Creation of State-sponsored terrorism exception to sovereign immunity — Availability of federal causes of action for certain acts of State-sponsored terrorism

Jurisdiction — Universal — International terrorism — United States national killed by Iranian-sponsored terrorist attack in Israel — Whether United States court possessing jurisdiction over Islamic Republic of Iran — State-sponsored terrorism exception to sovereign immunity — Extraterritorial application — Whether consistent with international law — Bases for jurisdiction — Passive personality — Protective — Universal — Whether State-sponsored terrorism exception to sovereign immunity applying retroactively — Whether United States court possessing subject-matter jurisdiction — Whether United States court possessing personal jurisdiction over defendants — United States having strong interest and close connections with case — Applicability of United States law rather than law of the place of tort

State responsibility — Imputability — Foreign State sponsor of terrorism — Foreign State’s officials acting within scope of office in providing material support or resources for a terrorist act within the meaning of 28 USCA Section 1605(a)(7) — Whether punitive damages awarded against foreign State’s officials imputable to foreign State

Damages — Punitive damages — Prohibition in Foreign Sovereign Immunities Act 1976 — Flatow amendment to FSIA — Availability of punitive damages for State-sponsored terrorism — Deterrent and disabling effect of substantial punitive damages — Economic damages for wrongful death of Ms Flatow — Compensatory damages — Solatium

Comity — Defence of foreign State immunity and Head of State immunity matter of grace and comity rather than matter of right — The law of the United States of America