Aliens — Refugees — Asylum seekers — International protection — Refoulement — European Union — Council Decision 2015/1601 — Relocation mechanism — Relocation of migrants from Italy and Greece — Relocation of migrants to other EU Member States — Whether Council Decision relocating migrants followed appropriate procedure — Whether Council Decision relocating migrants disproportionate — Whether Council Decision relocating migrants placed a disproportionate burden on Hungary — Whether territory of all EU Member States to be taken as a single area for purposes of non-refoulement

Human rights — International protection — Migration — Whether there being right to choose host country — Convention Relating to the Status of Refugees, 1951 — Non-refoulement — Whether Council Decision 2015/1601 relocating migrants breached the principle of non-refoulement

Relationship of international law and municipal law — Treaty of the Functioning of the European Union, 2007 — Article 78(3) — Council Decision 2015/1601 — Convention Relating to the Status of Refugees, 1951 — Non-refoulement — Whether Council Decision relocating migrants breached the principle of non-refoulement — The law of the European Union

Economics, trade and finance — The law of the World Trade Organization — Trade in services — General Agreement on Trade in Services, 1995 — Article XVI — Article XVII — Higher education service providers — Whether measures adopted by Hungary contravened obligation on national treatment — Whether measures justified to prevent deceptive practices — Whether measures justified to maintain public order

Human rights — Charter of Fundamental Rights of the European Union, 2000 — Article 13 — Article 14 — Article 16 — Freedom to provide services — Freedom to found educational establishments — Freedom to conduct business — Academic freedom — European Convention on Human Rights, 1950 (“the Convention”) — Article 10 — Freedom of expression — Relationship between the Charter of Fundamental Rights of the European Union and the Convention — Relationship between academic freedom and freedom of expression — Whether restrictions on providing higher education services a restriction of academic freedom — Whether measures adopted by Hungary contravened freedom to found educational establishments — Whether measures adopted by Hungary contravened freedom to conduct business

Treaties — European Union — Treaties binding European Union and Member States — General Agreement on Trade in Services, 1995 — Infringement proceedings — Whether infringement proceedings can be based on infringement of obligations under GATS — Jurisdiction of the Court of Justice of the European Union — Whether the Court having jurisdiction to determine matters based on breach of GATS

Relationship of international law and municipal law — Relationship between the law of World Trade Organization and the law of the European Union — Obligations of Member States of the EU — Competence of the EU — Whether WTO law forms part of EU law — Whether infringement proceedings under EU law can be based on contraventions of WTO law — The law of the European Union

Human rights — Right to property — American Convention on Human Rights, 1969 — Article 2 — Obligation of States to adopt domestic legal provisions — Article 23(1) — Right to participate — State obligation to consult indigenous peoples on projects on communal property — Whether judgment on the merits requiring Argentina to include the right to prior consultation under its laws to ensure the right to indigenous communal property

International tribunals — Jurisdiction — Inter-American Court of Human Rights — Admissibility — Whether the Lhaka Honhat representatives’ request for interpretation of the judgment on the merits admissible

International tribunals — International Tribunal for the Law of the Sea (“ITLOS”) — Constitution of a Special Chamber — Article 15, paragraph 2, of the Statute of the ITLOS, 1982

International tribunals — Jurisdiction — Preliminary objections to the jurisdiction of the Special Chamber — Article 294 of United Nations Convention on the Law of the Sea, 1982 (“UNCLOS”) — Indispensable third party — Competence over the interpretation or application of UNCLOS — Paragraph 1 of Article 288 of UNCLOS — Sovereignty over the Chagos Archipelago — Chagos Arbitral Award of 18 March 2015 under Annex VII of UNCLOS — ICJ’s Chagos Advisory Opinion of 25 February 2019 — Legal effects of determinations found in non-binding advisory opinions — United Nations General Assembly Resolution 73/295 of 22 May 2019 — Determination of the coastal State in application of Articles 74 and 83 of UNCLOS — Obligation to negotiate under Articles 74 and 83 of UNCLOS — Notion of dispute — Existence of a dispute between the Parties

International tribunals — Admissibility — Preliminary objection to the admissibility of the claim — Article 294 of United Nations Convention on the Law of the Sea, 1982 — Abuse of process

Arbitration — Arbitration award — International Centre for Settlement of Investment Disputes — International Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965 (“ICSID Convention”) — Article 54 — Recognition and enforcement of award — Distinction between enforcement and recognition proceedings — International Arbitration Act 1974 (Cth) implementing ICSID Convention in domestic law — Whether ICSID Convention excluding any claim for foreign State immunity in proceedings for recognition and enforcement of an arbitral award — Meaning of recognition and enforcement in Article 54 and execution in Article 55 of ICSID Convention — Whether Spain’s accession to ICSID Convention constituting a submission to jurisdiction of Federal Court of Australia

Relationship of international law and municipal law — Treaties — International Centre for Settlement of Investment Disputes — International Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965 — International Arbitration Act 1974 (Cth) — Foreign States Immunities Act 1985 (Cth) — Whether Spain entitled to plead foreign State immunity — Whether ICSID Convention excluding any claim for foreign State immunity in proceedings for recognition and enforcement of an arbitral award — Meaning of recognition and enforcement in Article 54 and execution in Article 55 of ICSID Convention — Whether Spain’s accession to ICSID Convention constituting a submission to jurisdiction of Federal Court of Australia

Treaties — Interpretation — International Centre for Settlement of Investment Disputes — International Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965 — Articles 54 and 55 — Meaning of recognition and enforcement in Article 54 and execution in Article 55 of ICSID Convention — Vienna Convention on the Law of Treaties, 1969 — Whether ICSID Convention excluding any claim for foreign State immunity in proceedings for recognition and enforcement of an arbitral award — Whether Spain’s accession to ICSID Convention constituting a submission to jurisdiction of Federal Court of Australia

State immunity — Foreign States Immunities Act 1985 (Cth) — Exceptions to immunity — Exception where foreign State agreeing by treaty to submit to jurisdiction — International Centre for Settlement of Investment Disputes — Spain acceding to international Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965 (“ICSID Convention”) — Whether constituting submission to jurisdiction of Federal Court of Australia — Whether Spain entitled to plead foreign State immunity — Whether ICSID Convention excluding any claim for foreign State immunity in proceedings for recognition and enforcement of an arbitral award

Jurisdiction — State immunity — Foreign States Immunities Act 1985 (Cth) — International Centre for Settlement of Investment Disputes — International Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965 — Spain acceding to ICSID Convention — Whether constituting submission to jurisdiction of Federal Court of Australia — Whether Spain entitled to plead foreign State immunity — Whether Federal Court of Australia having jurisdiction — The law of Australia

International criminal law — Crimes against humanity — Widespread and systematic attack against civilian population — Torture — Severe deprivation of liberty — Syria — Civil unrest — Syrian general intelligence service — Defendant employed in Syrian general intelligence service — Germany — Defendant Syrian refugee now located in Germany — German Code of Crimes against International Law — Whether defendant committed crimes against international law — Whether defendant aided in crimes against humanity — Whether defendant arresting protestors subsequently subjected to torture aided a crime against humanity — Whether defendant arresting protestors subsequently subjected to severe deprivation of liberty aided a crime against humanity

War and armed conflict — Non-international armed conflict — Syrian civil war — War crimes and crimes against humanity — Torture and ill-treatment of detainees — The law of Germany

Arbitration — International Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965 (“ICSID Convention”) — Energy Charter Treaty, 1994 — Article 26 — Arbitration proceedings initiated against a Member State of the European Union under ICSID Convention for violation of Energy Charter Treaty — Intra-EU arbitration — Where arbitration initiated under ICSID by entity registered within EU Member State against another EU Member State — Compatibility of ICSID Convention and Energy Charter Treaty with EU law — Primacy of EU law — Whether ICSID tribunal part of court system of EU — Whether Article 26 of Energy Charter Treaty applicable in intra-EU arbitral proceeding — Whether EU Member States must have capacity to review arbitral proceedings that consider EU law — Whether German courts can review arbitral proceedings initiated under ICSID

Relationship of international law and municipal law — International Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965 — Energy Charter Treaty, 1994 — Treaty on the Functioning of the European Union, 2007 — Arbitration proceedings initiated against European Union Member State under ICSID Convention for violation of Energy Charter Treaty — Intra-EU arbitration — Where arbitration initiated under ICSID by entity registered within EU Member State against another EU Member State — Compatibility of ICSID Convention and Energy Charter Treaty with EU law — Primacy of EU law — Whether ICSID tribunal part of court system of EU — Whether Article 26 of Energy Charter Treaty applicable in intra-EU arbitral proceeding — Whether EU Member States must have capacity to review arbitral proceedings that consider EU law — The law of Germany

State immunity — Employment — Foreign Airforce Base — Employment on United States Airforce Base in United Kingdom — Claims for unlawful discrimination — Whether employees exercising sovereign or governmental functions — Test for determining sovereign or governmental functions in context of employment — Whether Employment Tribunal applying correct test — The law of England

Arbitration — Arbitration award — International Centre for Settlement of Investment Disputes — International Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965 (“ICSID Convention”) — Article 54 — Meaning of prior written agreement — Arbitration (International Investment Disputes) Act 1966 — Recognition and enforcement of award — State Immunity Act 1978 — Section 9 — Exceptions to sovereign immunity — Enforcement of international arbitration award — Whether Spain having sovereign immunity for proceedings to enforce international arbitral awards — Whether Spain’s accession to the ICSID Convention constituting a submission to jurisdiction of United Kingdom Courts

Relationship of international law and municipal law — Treaties — International Centre for Settlement of Investment Disputes — International Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965 — Arbitration (International Investment Disputes) Act 1966 — State Immunity Act 1978 — Whether Spain entitled to plead foreign State immunity — Whether Spain could challenge arbitral award within United Kingdom courts — Jurisdiction of United Kingdom courts with respect to enforcement and recognition of international arbitral awards granted under ICSID Convention — Relationship between European Union law and international law

Treaties — Interpretation — International Centre for Settlement of Investment Disputes — International Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965 — Articles 54 and 55 — Meaning of prior written agreement — Meaning of recognition and enforcement of arbitral award — Whether ICSID Convention excluding any claim for foreign State immunity in proceedings for recognition and enforcement of an arbitral award

State immunity — State Immunity Act 1978 — Exceptions to immunity — Exception based on prior written agreement by State — Exception to immunity in matters of enforcement of arbitral awards — International Centre for Settlement of Investment Disputes — International Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965 — Relationship between ICSID Convention and enforcement and recognition of arbitral awards by domestic courts

Jurisdiction — Whether Spain could challenge arbitral award within United Kingdom courts — Jurisdiction of United Kingdom courts with respect to enforcement and recognition of international arbitral awards granted under international Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965 — Role and powers of United Kingdom courts in recognizing and enforcing arbitral awards — The law of England

Relationship of international law and municipal law — Treaties — Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965 — Arbitration award by International Centre for Settlement of Investment Disputes tribunal — Application for annulment dismissed by ad hoc committee — Application for recognition and enforcement in national court — Whether State immunity engaged — Whether national court entitled to examine whether tribunal had jurisdiction — Whether there being distinction between recognition, enforcement and execution

State immunity — Jurisdictional immunity — Immunity from execution — Proceedings for recognition and enforcement of International Centre for Settlement of Investment Disputes arbitration award in national court — Whether engaging State immunity — United Kingdom State Immunity Act 1978, Sections 2 and 9

Economics, trade and finance — Investment disputes — International Centre for Settlement of Investment Disputes — Enforcement of awards — The law of England