Human rights — Remedies for violation — Right to life — Torture — Failure of State to provide judicial remedy — Purely administrative and disciplinary proceedings not sufficient — International Covenant on Civil and Political Rights, 1966, Articles 2, 6, 7 and 9

Relationship of international law and municipal law — Treaties — Effect in municipal law — European Economic Community Treaty, 1957 — Whether creating new legal order — Automatic incorporation of EEC provisions into national law — Direct applicability — Inconsistent national legislation — Supremacy of Community law — Conflict between EEC Treaty and subsequent national law — Whether national law a defence to breach of Community law — Whether duty of national court to give precedence to Community law — Whether national judge to wait for conflicting national legislation to be set aside by Constitutional Court — Conditions for recognition of national measures by the Court of Justice

Treaties — EEC Treaty, 1957 — Effect in municipal law — Whether that of ordinary international agreement — Direct applicability — Automatic incorporation of EEC provisions into national law — Subsequent inconsistent national legislation — Whether overriding directly applicable EEC provisions — Whether duty of national court to comply with municipal legislation — Whether national court must wait for EEC provision to be set aside by higher national court — The law of the European Economic Community

State immunity — Jurisdiction — Doctrine of restrictive immunity — Exception to immunity for civil claims in tort — Tort committed in forum State by agents of defendant State — European Convention on State Immunity, 1972 — Article 11 — Whether now reflecting rule of customary international law — Immunity from civil proceedings in respect of acts of armed forces — Article 31 of Convention — Whether such immunity absolute — Whether any exception for war crimes or crimes against humanity violating jus cogens and not direcdy connected with furtherance of armed conflict — Whether commission of such acts constituting tacit waiver of immunity

State immunity — Jurisdiction — Human rights — Whether State immunity compatible with right of access to courts — European Convention on Human Rights, 1950, Article 6(1) — Exception to immunity for tort claims in civil proceedings

Human rights — Access to courts — European Convention on Human Rights, Article 6(1) — State immunity — Relationship between State immunity and human rights — Nature of prohibition of crimes against humanity — Whether constituting a rule of jus cogens — Whether taking precedence over principle of State immunity

Relationship of international law and municipal law — Crimes against international law — Crimes against humanity and war crimes — Claim for compensation in civil proceedings in tort before municipal courts — Whether commission of such crimes by its armed forces precluding foreign State from relying on State immunity — Whether such exception to immunity now recognized as rule of customary international law

War and armed conflict — Enforcement of the laws of war — Compensation and reparations — Crimes against humanity and war crimes — Claim for compensation brought by relatives of victims before municipal courts — Atrocities committed by German forces during Second World War — The law of Greece

State Succession — Succession to Obligations — Partition of States — India and Pakistan — Indian Independence (Rights, Property and Liabilities) Order, 1947.

Jurisdiction — Territorial limits of — Order requiring production by alien corporation of documents held in foreign country — Exterritorial reach of statute — Violation of laws of foreign State — Effect of — The law of the United States of America.

Territorial Waters — Breadth of — As affected by claim to offshore islands — Territorial sea of state of Alabama, United States of America.

Arbitration — Jurisdiction — Multiple parties — Channel Tunnel Concession Agreement — Provision for arbitration of issues between the two concessionaires and the two governments — Extent of jurisdiction — Whether claims having to be based upon Concession Agreement — Whether claimants also entitled to invoke general international law and treaties between the United Kingdom and France — Provision that arbitrators nominated by the concessionaires not entitled to vote on matters of treaty interpretation — Scope of exclusion — Whether requiring arbitrators nominated by the concessionaires not to take part in discussion

Arbitration — Applicable law — Distinction between applicable law and source of rights and obligations of the parties — Channel Tunnel Concession Agreement — Whether sole source of rights and obligations between the governments and the concessionaires — Relevance of general international law — Relevance of treaties between the United Kingdom and France

Arbitration — Procedure — Responsibility and quantum dealt with in separate phases — Finding of responsibility against both United Kingdom and France — Apportionment of responsibility for compensation — Whether a matter for the responsibility or quantum phase

Economics, trade and finance — International contracts — Concession Agreement between operators of Channel Tunnel and France and the United Kingdom — Government law — Principles of interpretation — Principles of treaty interpretation applicable to interpretation of international law contract between State and private party — Nature of Channel Tunnel legal regime — Whether imposing joint and several responsibility upon governments — Exclusivity — Whether precluding grant of subsidy to ferry operator

Jurisdiction — Public order — Channel Tunnel — Attacks on Channel Tunnel terminal by clandestine migrants seeking to reach United Kingdom — Responsibility of France and the United Kingdom — Whether United Kingdom possessing any jurisdiction on French territory — Whether United Kingdom responsible for disorder in France — Channel Tunnel legal regime

Sea — Tunnel — Channel Tunnel between France and United Kingdom — Legal regime applicable to Channel Tunnel — Treaty of Canterbury between United Kingdom and France, 1986 — Concession Agreement between France and United Kingdom and concessionaires — Nature of jurisdiction under Channel Tunnel legal regime

State responsibility — Joint and several responsibility — International Law Commission Articles on State Responsibility — Article 47 — Channel Tunnel Concession Agreement — Whether imposing joint and several responsibility upon France and United Kingdom — Public order violations in France — Attacks on Channel Tunnel terminal by clandestine migrants seeking entry to United Kingdom — Failure of French authorities to prevent — Whether engaging responsibility of United Kingdom — Joint organ — Intergovernmental Commission — Failure of action by Intergovernmental Commission — Whether entailing responsibility of United Kingdom as well as France

Treaties — Interpretation — Treaty authentic in two languages — Discrepancies between different texts — Application of principles of treaty interpretation to international contract between private parties and States — Context — Object and purpose — Resolution of discrepancies between different language texts

Territory — Sovereignty over territory — Policing as exercise of sovereign power — Channel Tunnel between France and United Kingdom — Disorder in France at Channel Tunnel terminal — Attacks on terminal by clandestine migrants seeking entry to United Kingdom — Responsibility of France to prevent — Whether engaging responsibility of the United Kingdom

Human rights — Potential conflict between provisions of two instruments for the protection of human rights — Compatibility of domestic law provision enacted to implement UN Convention for the Elimination of All Forms of Racial Discrimination, 1965, with right to freedom of expression in European Convention on Human Rights — Need for European Convention to be interpreted so as to avoid conflict with UN Convention

Human rights — Freedom of expression — Conviction for aiding and abetting the dissemination of racist statements — Discretion of the media to choose reporting techniques — Purpose of the broadcast taken as a whole — Public watchdog role of the press via news reporting based on interviews — Means employed by the government disproportionate to aim of protecting the rights or reputation of others — European Convention on Human Rights

International law in general — Sources — General principles of law — Role and importance — Resolutions of the General Assembly of the United Nations — Resolutions on nationalization of foreignowned property — Value as sources of international law

International law in general — Relation to municipal law — Governing law of oil concession — Reference to laws of the host State and the concessionaire’s State and to general principles — Whether including public international law — International law and the law of Kuwait

States as international persons — In general — Sovereignty and independence — In matters of domestic jurisdiction — Oil concession — Concession granted while Kuwait a protected State — Effect of independence — Effect of Kuwait Constitution — Whether concession ‘colonial’ — Whether stabilization clause in Concession still to be regarded as valid

States as international persons — Dependent States and territories — Protected States and protectorates — Kuwait — Oil concession granted while Kuwait a protected State — Effect of — Whether concession 'colonial' in character — Whether stabilization clauses to be regarded as valid

States as international persons — State succession — Succession with regard to contractual obligations and concessions — Oil concession granted while Kuwait a protected State — Effect of independence — Whether concession 'colonial' in character — Whether stabilization clauses valid

State territory — Miscellaneous — Kuwait — Saudi Arabia Neutral Zone — Status of oil concession granted by Kuwait in Zone

State responsibility — Nature and kinds of — For taking of, or interference with, property — Nationalization — Requirements for lawful nationalization — Nationalization of concession — Compensation

State responsibility — Damages — Award of damages in general — Nationalization of concession — Relation between measure of damages for unlawful nationalization and compensation for lawful nationalization — Equitable measure of compensation — Loss of profits — Duty of Tribunal to take account of legitimate expectations of parties under concession — Effect of inflation

State responsibility — Interest — In general — Award of interest in addition to award of compensating allowance for effects of inflation

State responsibility — Interest — Rate of interest — Compound interest — Award of compound interest

State responsibility — Interest — The dies a quo — Award of compensation for nationalization of oil concession — Arbitration Award made four and a half years after date of nationalization — Award of interest from date of nationalizatio~ to date on which parties complied with Award

Disputes — Arbitration — In general — The law applied by arbitral tribunals — Transnational arbitration between State and foreign company — Lex arbitri — Law governing substantive issues

Disputes — Arbitration — Procedure — Determination of rules of procedure by the Tribunal

State responsibility — Nature and kinds of State responsibility — For revocation of, or interference with, concessions or concessionary contracts — Law nationalizing concession — Dual nature of law as act of nationalization and termination of a contract — Conditions of lawful nationalization — Requirement of public benefit — Nondiscrimination — Role of stabilization clauses in concession — Stabilization clause in general terms — Whether forbidding nationalization — Permanent sovereignty over natural resources — Whether giving rise to a new rule of ius cogens — Evolution of concession — Effect of negotiation — Whether gradual recognition of State's dominant position in relation to concession — Whether overriding stabilization clauses

Concession — Clause requiring parties to negotiate if general trend in Middle East concessions arises which benefits concessionary States — Nature of a duty to negotiate — Whether a duty to agree — Parties agreeing on issues of principle but failing to agree on details — Whether Tribunal entitled to complete their agreement — Abu Dhabi Formula concerning taxation of oil companies' profits — Parties unable to agree upon detail of application to concession — Nationalization of concession — Whether concessionaire under an obligation to make payment to government in respect of past profits — Whether Tribunal entitled to calculate amount — Agreement amending concession applied on provisional basis — Concessionaire never receiving quid pro quo — Status of agreement — Duress — Whether economic pressure on concessionaire amounts to duress.

Duty of concessionaire to observe “good oil-field practice” — Whether discharged — Relative nature of obligation

Compensation for lawful nationalization — Whether based on net book value — Whether based on loss of profits — Need to satisfy legitimate expectations of parties — Reasonable rate of return — Method of calculation — Allowance for effects of inflation — Interest — Award of compound interest from date of nationalization — Additional award of allowance for inflation

Liabilities of nationalized concern — Assumption of liabilities by government — Whether company required to compensate Government

International law in general — Sources — Resolution of General Assembly — Practice of States and companies involved in oil industry — Relation of international law to law of Kuwait

Arbitration — Law applied by Arbitration Tribunal — Lex arbitri — Proper law of concession — Duty of Tribunal

Belligerent Occupation — Respect for Private Property — Spoliation of Occupied Territory — German Occupation of Norway.

Relationship of international law and municipal law — Customary international law — Doctrine of incorporation — Primacy of statute over rule of customary international law — State immunity

State immunity — Jurisdictional immunity — Claim against State for torture allegedly committed by State officials — Acts of torture allegedly committed in Kuwait and United Kingdom by agents of Kuwaiti Government — Whether English courts having jurisdiction in respect of torture committed in Kuwait being acts in violation of international law — State immunity governed by statute — Whether explicit provision required in statute to establish exception to immunity — Tortious acts committed within jurisdiction — Standard of proof required to establish exception to immunity — Balance of probabilities — State Immunity Act 1978, Sections 1 and 5 — The law of England

Relationship of international law and municipal law — Treaties — Application and interpretation — European Community–Israel Association Agreement — Protocol 4 to the EC–Israel Association Agreement — Territorial scope — Free movement of goods — Customs duties — Originating product — Exporting State best placed to verify place of origin — Certification of place of origin — Verification of place of origin — Whether importing States bound by exporting States’ verification — Preferential treatment — Refusal of preferential treatment in absence of adequate verification — Customs Cooperation Committee — Whether importing States bound to refer disputes to Customs Cooperation Committee — Association Council — Israeli customs authorities’ failure to certify products originating in occupied territories as having originated in Israel — Products originating in occupied territories not qualifying for preferential treatment under EC–Israel Association Agreement

Treaties — Application and interpretation — European Community–Palestine Liberation Organization Association Agreement — Territorial scope — West Bank and Gaza Strip — Originating product — Preferential treatment only applicable to products originating in the occupied territories under the EC–PLO Association Agreement and where certified by Palestinian customs authorities — Treaties not binding third parties without their consent — Vienna Convention on the Law of Treaties, 1969, Article 34

Territory — Occupied territory — Territorial scope of treaty — West Bank and Gaza Strip — EC–Israel Association Agreement — Preferential customs treatment for goods originating in Israel imported into the European Community — Whether applicable to goods originating in the occupied territories

War and armed conflict — Belligerent occupation — West Bank and Gaza Strip — Status — Whether Israeli territory — EC–Israel Association Agreement — Preferential customs treatment for goods originating in Israel imported into the European Community — Whether applicable to goods originating in the occupied territories

Relationship of international and municipal law — Treaties — European Community — Court of Justice of the European Communities — Referral of questions to the Court of Justice — Obligations of Member States of European Community under the EC–Israel Association Agreement and EC–PLO Association Agreement — The law of the European Union

International criminal law — International trials — Procedure — International Criminal Tribunal for the Former Yugoslavia — Rules of Procedure — Rule 61 — Hearing to confirm indictment — Standards to be applied by Trial Chamber — Issue of international arrest warrant

War and armed conflict — War crimes — Bombardment of civilians — Whether violation of laws of armed conflict — Additional Protocol I, 1977, to the Geneva Conventions, 1949 — Articles 51 and 85 — Additional Protocol II, Article 13 — Reprisals against civilians — Methods and means of warfare — Customary international law — Corpus of customary international law applicable to international and non-international armed conflicts — Individual criminal responsibility — Responsibility of commander — Politician accused of ordering attack

State responsibility — Breach of treaty — Applicable principles — Whether responsibility for breach of treaty governed by same principles as breach of other international obligations — Circumstances excluding wrongfulness — Force majeure — Distress — Necessity — Conditions for application of distress — Rainbow Warrior dispute between New Zealand and France — 1986 Agreement implementing ruling by United Nations Secretary-General — Provision that two French agents to spend three years on island of Hao and not to leave island without consent of New Zealand — Circumstances in which emergency evacuation justified — Requirement to return agents to Hao once circumstances of emergency terminated — International Law Commission Draft Articles on State Responsibility

State responsibility — Damage — Whether damage essential element in establishing responsibility — Whether damage must be material — Moral and legal damage — Remedy — Satisfaction — Whether award of monetary compensation possible

Treaties — Application — Law governing application of treaties — Vienna Convention on the Law of Treaties, 1969 — Whether exhaustive — Whether principles of law relating to State responsibility also applicable — Whether principles of State responsibility regarding circumstances excluding wrongfulness applicable to application of treaty — Distress

Treaties — Breach — Nature of breach — Duration of breach — Continuing breach of treaty — Principles of international law applicable to breach of treaty

Treaties — Termination — Duration of obligation — Whether treaty to operate for fixed period — Rainbow Warrior dispute between New Zealand and France — 1986 Agreement implementing ruling by United Nations Secretary-General — Provision that two French agents to spend three years on island of Hao and not to leave island without consent of New Zealand — Whether obligations of France regarding agents to terminate after three years irrespective of whether agents have spent entire period on island — Whether France still under obligation to return agents to Hao

Claims — Breach of treaty — Damage — Non-material damage to State — Remedy — Whether satisfaction the only available remedy — Whether award of monetary compensation possible — Claimant State not seeking award of monetary compensation — Declaration by tribunal that condemnation of respondent State appropriate satisfaction

Damages — Losses for which damage recoverable — Non-material damage to State — Violation of solemn obligation — Insult — Whether award of monetary compensation available as remedy

Sources of international law — Customary international law — Treaty as statement of customary law — Vienna Convention on the Law of Treaties, 1969 — International Law Commission Draft Articles on State Responsibility

Arbitration — Ad hoc international arbitration — Applicable law — Powers of tribunal — Arbitration tribunal established by agreement between New Zealand and France to hear Rainbow Warrior dispute

Human rights — Right to a fair hearing — Right of access to court — Freezing and confiscation of applicants’ assets — Applicants complaining of lack of procedure complying with Article 6 of European Convention on Human Rights, 1950 — Scope of case before Grand Chamber — Admissibility of application — Whether compatible ratione personae and ratione materiae with Convention provisions — Whether applicants’ right of access to court restricted — Whether restriction justified — Whether restriction pursuing legitimate aim — Whether proportionate — International normative context — Whether conflict of international obligations — Extent of obligations of respondent State — Whether respondent State violating Article 6 of European Convention on Human Rights, 1950

Relationship of international law and municipal law — Treaties — United Nations Charter — European Convention on Human Rights, 1950 — Respondent State’s obligations under United Nations Charter and European Convention — Whether conflict of obligations — Article 103 of UN Charter asserting primacy of obligations deriving from Charter in event of conflict — Whether primacy rule engaged — Implementation of United Nations Security Council resolution at national level — Whether respondent State having any discretion in implementation — UN Security Council resolution — Interpretation of resolution — Whether restrictive interpretation legitimate — Whether courts of respondent State prevented from reviewing in terms of human rights protection measures taken at national level to implement resolution — Whether respondent State can rely on binding nature of Security Council resolutions — Whether respondent State having duty to ensure measures not arbitrary — Whether practical measures taken by Swiss authorities to improve situation of applicants adequate — Whether respondent State faced with real conflict of obligations — Whether respondent State violating Article 6 of European Convention on Human Rights, 1950

Treaties — Interpretation — Application — Human rights treaties — European Convention on Human Rights, 1950 — Rights and freedoms enshrined in European Convention — Whether guarantees of fair hearing jus cogens norm — Applicability of relevant public international law norms — Vienna Convention on the Law of Treaties, 1969 — United Nations Charter — Article 103 of UN Charter asserting primacy of obligations deriving from Charter in event of conflict with obligations arising from another international agreement — UN Security Council resolutions — Whether conflict between obligations arising under UN Charter and European Convention — Interpretation of Security Council resolutions — Presumption of intention not to impose on Member States obligation breaching fundamental human rights principles — Harmonization of treaty obligations — Whether respondent State violating Article 6 of European Convention on Human Rights, 1950

International organizations — United Nations — Security Council — Maintenance of international peace and security — Threat of terrorism — Economic sanctions — Security Council resolutions — Interpretation — European Convention on Human Rights, 1950 — Role of United Nations in promoting human rights — Presumption of intention not to impose on Member States obligation breaching fundamental human rights principles — United Nations sanctions system — UN Sanctions Committee — Criticisms — Whether procedures adequate — Whether conflict of obligations under UN Charter and European Convention on Human Rights, 1950 — Whether primacy rule of Article 103 of UN Charter engaged

International tribunals — European Court of Human Rights — Role of Court with respect to acts of UN Security Council — State relying on need to apply Security Council resolution to justify limitation on Convention right — Whether resolution consonant with Convention — Examination of resolution’s wording and scope — Purposes of United Nations — Maintenance of international peace and security — Promotion of respect for human rights — Article 24(2) of UN Charter

Economics, trade and finance — Economic sanctions — Security Council resolutions — Implementation at national level — Freezing and confiscation of applicants’ assets — UN sanctions regime — UN Sanctions Committee — Procedures — Listing and delisting of applicants — Respondent State implementing resolution — Whether text of resolution allowing for delay necessary to grant access to a court to examine whether names appearing arbitrarily on the UN sanctions list — Whether implementing State having discretion — Whether respondent State violating Article 6 of European Convention on Human Rights, 1950

Terrorism — Threat of terrorism — Maintenance of international peace and security — Security Council — Chapter VII of United Nations Charter — Security Council resolutions — Implementation at national level — Economic sanctions — Freezing and confiscation of applicants’ assets — Guarantees under Article 6 of European Convention on Human Rights, 1950 — Whether respondent State violating Article 6 of European Convention on Human Rights, 1950

International Court of Justice — Competence of — Article 36 of Statute — Optional Clause — Compatibility of Declaration of Acceptance with — Retention of Power to Withdraw Categories of Disputes from Jurisdiction of Court — Definition of Dispute Through Diplomatic Negotiations — Domestic Jurisdiction of State — Question Falling Within — Date When Dispute Arose — Joining of Preliminary Objections to Merits.

War — Meaning and Existence of — United Nations Enforcement Action in Korea.

Jurisdiction — Miscellaneous — Over Ships — Flags of Convenience — Conditions of Employment — Law Applicable — Law of Flag and Law of State of Ownership — Vessel Owned by Panamanian Corporation Registered in Liberia — The Law of the Republic of Panama — Application of Liberian Law.

State succession — Contractual obligations — Pensions — Public pension fund in Belgian Congo — Whether Belgium liable as guarantor for payment of pensions following independence of Belgian Congo — Principle that Belgium is not liable for debts of former colony — The law of Belgium

Enemy Character — Of Vessels — Fiction of Corporate Entity — Vessel under Neutral Flag — Proof of Enemy Ownership.