Air — Crimes against aircraft — Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, 1971 — Scope of Convention — Whether applicable to allegations of State terrorism — System of aut dedere aut punire — Dispute settlement mechanism — Applicability

Extradition — General principles — Whether State under a duty to extradite in the absence of an extradition treaty — Anti-terrorist conventions — Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, 1971 — Extradition provisions — Whether State required to extradite own nationals — Whether Montreal Convention creating exclusive system — Demand for surrender of accused persons outside the context of the Convention

International Court of Justice — Composition of bench — Judge ad hoc — Statute of the Court, Article 31(5) — Rules of Court, Articles 36 and 37 — Whether two States parties in the same interest — Circumstances in which judge disqualified from hearing case — Right of Party to case to nominate judge ad hoc to replace judge disqualified from sitting

International Court of Justice — Jurisdiction — Date at which jurisdiction to be established — Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, 1971, Article 14(1) — Extent of jurisdiction conferred upon International Court of Justice — Conditions for seising International Court of Justice — Definition of a dispute — Existence of a dispute concerning the interpretation or application of the Convention — The effect of United Nations Security Council Resolutions upon jurisdiction under Article 14(1) — Admissibility — Date at which question of admissibility to be determined

International Court of Justice — Preliminary objections — Rules of Court, Article 79 — Objection possessing an exclusively preliminary character — Joinder of objection to the merits — Admissibility — Effect of Security Council Resolutions on dispute — Whether rendering Application without object

International organizations — United Nations — Security Council — Powers to maintain international peace and security — United Nations Charter, 1945, Chapter VII — Power to characterize situation as a threat to international peace and security — Acts of terrorism — Power to require State to take specified actions — Security Council requiring State to surrender terrorist suspects for trial — Security Council Resolutions 731 (1992), 748 (1992) and 883 (1993) — Effect — Binding character — United Nations Charter, Articles 25 and 103 — Whether affecting admissibility of Application — Whether rendering Application to Court without object — Relationship between Security Council and International Court of Justice — Whether Court possessing powers of judicial review

International tribunals — International Tribunal for the Law of the Sea — Provisional measures of protection — Binding character — Purpose — Jurisdiction — Law of the Sea Convention, 1982, Articles 290 and 297

Sea — Exclusive economic zone — Arrest of vessel — Law of the Sea Convention, 1982 — Procedures for ensuring prompt release of vessel — When applicable — Enforcement

International tribunals — International Tribunal for the Law of the Sea — Provisional measures of protection — Binding character — Purpose — Jurisdiction — Law of the Sea Convention, 1982, Articles 290 and 297 — Requirement of urgency — Whether power of the Tribunal to order provisional measures different from that of the International Court of Justice

Sea — Fisheries — Conservation — Management of fish stocks — Marine environment — Precautionary principle — Whether part of customary international law — Whether different from a precautionary approach — Convention for the Conservation of Southern Bluefin Tuna, 1993 — Straddling Stocks Agreement, 1995 — Relevance for application of the Law of the Sea Convention

Claims — Mass claims processing — United Nations Compensation Commission — Evidence — Burden on claimant — Reasonable minimum evidence — Proof of deposits in foreign banks — Whether onus shifts to respondent State

Economics, trade and finance — Economic sanctions — Measures taken by Arab States and United Nations following Iraqi invasion of Kuwait — Issues of causation

International tribunals — United Nations Compensation Commission — Jurisdiction — Security Council Resolution 687 (1991), paragraph 16 — Debts and obligations of Iraq arising prior to 2 August 1990 — Definition — Deposits in banks in Iraq for dollar transfers to Egypt — Delays in making transfers — Date on which transfer could reasonably have been expected — Commission possessing jurisdiction in respect of sums deposited on or after 2 July 1990 — Losses resulting directly from invasion or occupation of Kuwait by Iraq — Approach to determining questions of causation — “But for” causation — Proximate causation — Whether losses caused by trade embargo

State responsibility — For losses occasioned by invasion of another State — Iraqi invasion of Kuwait — Losses sustained by individuals — Causation — Whether caused by invasion — Whether trade embargo and related measures a cause

War and armed conflict — Consequences — Responsibility for consequences of invasion — United Nations Compensation Commission

Economics, trade and finance — Economic sanctions — Consequences — European Community law — Implementation in Community law of sanctions imposed by United Nations Security Council — Interpretation — Literal and purposive approaches — Yugoslavia — Security Council Resolution 820 (1993) — Council Regulation (EEC) 990/93 — Duty to impound aircraft in which undertaking based in or operating from the Federal Republic of Yugoslavia has a majority or controlling interest — Whether applicable to aircraft owned by such an undertaking but leased to undertaking outside Yugoslavia

Human rights — European Convention on Human Rights — Whether part of European Community legal order — Right to property — Nature and limitations — Public interest — Restrictions on right to property imposed in order to give effect to United Nations sanctions — Whether justifiable

International organizations — United Nations — Security Council — Enforcement action — Economic sanctions — Yugoslavia — Purpose of sanctions — Scope — Interpretation of relevant resolutions — Principles of interpretation — Resolution 820 (1993) — Sanctions Committee — Status of decisions of Sanctions Committee

International organizations — European Community — Implementation of sanctions imposed by United Nations Security Council — Effect of Security Council action in the European Community — Sanctions Committee decision — Whether binding on European Community

War and armed conflict — Economic warfare — Sanctions — Yugoslavia — The law of the European Community

Economics, trade and finance — Economic sanctions — Enforcement — Maritime embargo — Jurisdiction to enforce — Yugoslavia — United Nations Security Council Resolution 820 (1993) — Implementation by European Communities — Prohibition on ships entering the territorial waters of the Federal Republic of Yugoslavia — Provision for forfeiture of ships and cargoes — Extent of prohibition

International organizations — United Nations — Security Council — Enforcement action — Economic sanctions — Decision under Chapter VII of the United Nations Charter — Duty to implement — United Nations Charter, Article 25 — Obligation to give effect to decision of Council prevailing over other international obligations — United Nations Charter, Article 103

Jurisdiction — Extraterritorial — Enforcement of sanctions imposed by United Nations Security Council Resolution 820 (1993) — Prohibition on ships entering the territorial waters of the Federal Republic of Yugoslavia — Provision for forfeiture of ships and cargoes — Implementation in European Community law — Whether extending to ships flying flag of non-Community State and owned by non-Community undertaking

Sea — Shipping — Jurisdiction — Enforcement of economic sanctions imposed by United Nations Security Council — Whether State entitled to apply sanctions to acts performed by ships not connected with that State in international waters — Prohibition on entry into territorial waters of Federal Republic of Yugoslavia — Whether applicable to acts in international waters giving good cause to believe ship intends to enter territorial waters — The law of the European Community

Economics, trade and finance — Anti-dumping duties — Purpose — Whether measures imposed upon a State or States — Duties imposed on specified products from a particular area — Subsequent changes in the political organization of that area — Anti-dumping duties imposed by European Coal and Steel Community on imports from Yugoslavia — Duties imposed in 1988 — Socialist Federal Republic of Yugoslavia subsequently splitting into five States — Whether duties applicable to imports from the Former Yugoslav Republic of Macedonia

State succession — Dissolution of State — Socialist Federal Republic of Yugoslavia — Dissolution into five successor States — Consequences — Public international law principles regarding the succession of States — Whether relevant to question of application of anti-dumping duties to products originating in one of the successor States — The law of the European Community

Economics, trade and finance — Economic sanctions — Consequences — Responsibility for damage resulting from sanctions — European Community law — Imposition of sanctions upon Iraq — Iraqi counter-measures — Whether causing loss — Whether loss attributable to Community measures or to United Nations Security Council resolution requiring imposition of sanctions

International organizations — United Nations — Security Council — Enforcement action — Resolution 661 (1990) — Imposition of economic sanctions upon Iraq following Iraqi invasion of Kuwait — Purpose of sanctions — European Community — Legislation implementing United Nations sanctions upon Iraq — Whether serving justifiable general interest — Whether Community institutions liable to compensate company suffering loss through Iraqi non-payment of debts

War and armed conflict — Aggression — Consequences — Iraqi invasion of Kuwait — Economic warfare — Imposition of economic sanctions by United Nations Security Council — The law of the European Community

Economics, trade and finance — Trade concessions — Cooperation Agreement between the European Economic Community and its Member States and the Socialist Federal Republic of Yugoslavia — Suspension by the European Community in view of hostilities in Yugoslavia — Effect — Whether justifiable

International organizations — European Community — Status as subject of international law — Whether Community institutions bound by international law — Whether customary international law part of the Community legal order — Whether individual can challenge Community legislation as contrary to international law — United Nations — Security Council — Determination of threat to international peace and security — Resolution 713 (1991) concerning conflict in the Former Yugoslavia — Implications

International tribunals — Court of Justice of the European Communities — Judicial review of acts of Community institutions — Suspension of treaty by Council alleged to be contrary to rules of international law of treaties — Whether act reviewable — Standard of review — Review for manifest errors of assessment by Council

Relationship of international law and municipal law — Law of the European Community — Customary international law as part of Community legal order — Rules contained in the Vienna Convention on the Law of Treaties, 1969

Sources of international law — Treaties and customary international law — Vienna Convention on the Law of Treaties, 1969 — Whether stating rules of customary international law — Which provisions of Convention declaratory of custom

Treaties — Termination and suspension — Fundamental change of circumstances — Vienna Convention on the Law of Treaties, 1969, Articles 62 and 65 — Conditions — Exception to principle of pacta sunt servanda — Confined to exceptional circumstances — Suspension by European Community of Cooperation Agreement with the Socialist Federal Republic of Yugoslavia because of continued hostilities in Yugoslavia — Whether suspension justified by fundamental change of circumstances

War and armed conflict — Effects — Treaties — Fundamental change of circumstances — Whether armed conflict accompanying dissolution of State sufficient to justify suspension of trade and cooperation agreement — The law of the European Community

Economics, trade and finance — Economic sanctions — Effectiveness — Implementation in national law and European Community law of sanctions imposed by the United Nations Security Council — Assets freeze — States required to prohibit payments from blocked funds except for payment for medical supplies — Allegations of sanctions violations — Whether Member State of the European Community entitled to prohibit payment from funds in its territory for goods supplied from another Member State — Requirement that Member States trust one another to comply with sanctions requirements

International organizations — United Nations — Security Council — Economic sanctions — Obligation of United Nations Member States to comply with decision of Security Council — Other international obligations — Security Council Resolution 757 (1992)

International organizations — European Community — Implementation of sanctions imposed by United Nations Security Council — Relationship between obligations of Member States of Community under Community law and obligations under United Nations Charter — EEC Treaty, Articles 113 and 234

War and armed conflict — Economic warfare — Sanctions — Yugoslavia — The law of England and of the European Community

Arbitration — Tribunal — Status — Distinction between international and domestic arbitration — Agreement between State and foreign company — Provision for UNCITRAL arbitration — Whether international arbitration — Applicable law — Public policy

Relationship of international law and municipal law — Customary international law — As part of English law — Contract between State and foreign company — Contract governed by English law — Whether including international law — Principle that State cannot rely upon internal law to avoid international obligation — Whether exception to principle that courts will not enforce contract illegal by law of place of performance

State responsibility — Imputability — Ultra vires acts of officials — Acts in official capacity — Whether acts of the State — Contractual obligations of the State — Contract with foreign company — Whether international obligations

War and armed conflict — Internal conflict — Government obtaining military assistance from foreign private company

Arbitration — International arbitration — Appeal from arbitration tribunal to courts of seat of arbitration — Limits on appellate jurisdiction — Appeal for manifest error of law — Whether extending to appeal based upon alleged error in applying foreign law or international law

Relationship of international law and municipal law — International law as part of municipal law — Whether the same in all States — Whether differences in the rules of international law which form part of the laws of different States — Whether those rules given effect in different ways — The law of Queensland

Human rights — Refugees — Definition of a refugee — Well-founded fear of persecution — Test to be applied — Whether requirement that persecution be more likely than not — Real chance of persecution — Geneva Convention relating to the Status of Refugees, 1951 — The law of Australia

Human rights — Family rights — Rights of the child — Deportation of mother — Duty to consider rights of children — Whether conclusive — International Covenant on Civil and Political Rights, 1966 — Convention on the Rights of the Child, 1989

Relationship of international law and municipal law — Treaties — Duty of immigration officials to take account of treaty obligation — The law of New Zealand

Human rights — Family rights — Rights of the child — Relevant treaty obligations — Deportation of mother — Duty to consider rights of children — International Covenant on Civil and Political Rights, 1966 — Convention on the Rights of the Child, 1989

Relationship of international law and municipal law — Treaties — Duty of court and officials to take into account — Deportation — The law of New Zealand

Human rights — Family rights — Rights of the child — Relevant treaty obligations — Deportation — Duty to consider rights of children — International Covenant on Civil and Political Rights, 1966 — Convention on the Rights of the Child, 1989

Relationship of international law and municipal law — Treaties — Duty of court and minister to take into account — Deportation — The law of New Zealand