State responsibility — Breach of treaty obligations — Breach of European Community law for which Member State responsible — Principle of State liability for damage caused to individuals — Whether inherent in treaty system — Whether applicable even where provision of European Community law breached is directly effective and can be relied upon by individuals before national courts — Whether applicable where breach attributable to national legislature — Whether State regarded as single entity in respect of liability for breaches of international commitments irrespective of organ responsible

Treaties — Interpretation — EC Treaty — Role of Court of Justice of European Community under Article 164 of Treaty — Interpretation by reference to fundamental principles of Community legal system and general principles common to legal systems of Member States — Principle of State liability for breaches of Community law — Whether inherent in treaty system — Reference to Article 215 of Treaty concerning non-contractual liability of Community institutions — Whether evidence of general principle that public authorities should make good damage caused in performance of their duties

State responsibility — Breach of treaty obligations — Breach of Community law for which Member State responsible — Conditions for State liability — Whether governed by Community law or national law — Whether conditions in principle the same whether Member State or Community institution incurring liability — Requirement that breach of Community law be sufficiently serious — Test of whether Member State or Community institution has manifestly and gravely disregarded the limits of its discretion — Whether any requirement to prove fault — Scope of applicability of national rules on liability — Requirement that conditions should be no less favourable than those applicable to similar domestic claims

Damages — Grounds for awarding damages — Breaches of Community law for which Member State responsible — Loss suffered by individuals — Scope of right to reparation under Community law — Community rules governing claims brought before national courts against Member States — Requirement that reparation must be commensurate with loss or damage sustained — Requirement that loss of profits must be claimable — Requirement that exemplary or other special damages must be available if such damages could be awarded under domestic law — Requirement that reparation should also cover loss sustained prior to court judgment finding infringement of Community law

International organizations — European Community — Liability of Member States for breaches of treaty obligations causing loss to individuals — Breach attributable to national legislature — Whether claims can be brought by individuals before national courts — Conditions for liability — Scope of right to reparation — The law of the European Community

International organizations — Powers — Division of powers between the organization and Member States — European Community — Transfer of powers to the Community from Member States — Whether compatible with the European Convention on Human Rights, 1950 — Judgment of Court of Justice of the European Communities upholding fine imposed by EC Commission for violation of Article 85(1) of EC Treaty — Enforcement in national courts — Whether involving exercise of national jurisdiction within meaning of Article 1 of European Convention on Human Rights — Whether national authorities acting as Community organs when enforcing judgment of Court of Justice — Whether exercise of powers by European Community organs subject to review by the European Commission of Human Rights

Human rights — State responsibility — Decisions taken by international organization — Alleged human rights violation — Whether involving exercise of national jurisdiction within meaning of Article 1 of European Convention on Human Rights, 1950 — Whether transfer of powers to international organization necessarily excluding State responsibility for exercise of those powers — Scope of applicability of Convention guarantees

Human rights — Scope of protection within the European Community — Whether respect for human rights constituting a condition for the lawfulness of Community acts — Significance of the European Convention on Human Rights within the Community legal order — Role of the Court of Justice of the European Communities in safeguarding fundamental rights — Whether Community legal system guaranteeing right to fair hearing — Whether Member States required to examine respect for Article 6 of the European Convention before granting execution of a judgment of the Court of Justice of the European Communities

Treaties — Conclusion and operation — Multilateral treaties — Effect of subsequent treaty on obligations entered into under earlier treaty — Whether Contracting States may be answerable where conclusion of later treaty disables them from performing obligations under earlier treaty

International tribunals — European Commission of Human Rights — Jurisdiction — Proceedings before Commission and Court of Justice of European Communities — Whether European Commission competent to examine compatibility of such proceedings with European Convention on Human Rights — Relevance of fact that European Community is not a party to the European Convention on Human Rights

International organizations — Powers — Division of powers between organization and Member States — European Patent Office — Transfer of powers to Organization from Member States — Whether compatible with European Convention on Human Rights — Decision by Organization not to renew patent application because of non-payment of fees — Whether involving exercise of national jurisdiction within meaning of Article 1 of European Convention — Whether manner in which powers exercised by international organizations could be subject of complaint to European Commission of Human Rights

Human rights — Scope of protection within international organizations — Requirement that international organizations respect fundamental rights guaranteed by European Convention on Human Rights — Whether procedural safeguards contained in European Patent Convention are adequate — Relevance of existence of appeals procedure

Human rights — State responsibility — Decisions taken by international organization — Alleged human rights violation — Whether involving exercise of national jurisdiction within meaning of Article 1 of European Convention on Human Rights — Whether transfer of powers to international organization necessarily excluding State responsibility for the exercise of those powers — Scope of applicability of Convention guarantees

Treaties — Conclusion and operation — Multilateral treaties — Effect of subsequent treaty on obligations entered into under earlier treaty — Whether Contracting States may be answerable where conclusion of later treaty disables them from performing their obligations under earlier treaty

International tribunals — European Commission of Human Rights — Jurisdiction — Procedures of European Patent Office — Whether Commission competent to examine compatibility of those procedures with European Convention on Human Rights

Human rights — Scope of protection — Protection of fundamental rights — Criminal proceedings — Principle of ne bis in idem — Provision of international convention providing more far-reaching protection than European Convention on Human Rights — Extent to which account should be taken of such provision in interpreting European Convention on Human Rights

Jurisdiction — Personal — Crimes committed by nationals abroad — Whether conviction in State of commission of offence precluding prosecution in State of nationality — Principle of ne bis in idem — Scope of applicability — European Convention on Human Rights, Protocol No. 7, Article 4(1) — Limitation to proceedings in the “same State”

International tribunals — European Commission of Human Rights — Jurisdiction — Whether Commission competent to examine if manner in which Contracting States implement other subsequently concluded international conventions is compatible with the European Convention on Human Rights

Treaties — Interpretation — European Convention on Human Rights — Provision of international convention providing more far-reaching protection than European Convention on Human Rights — Whether European Convention on Human Rights to be interpreted taking account of such provision — Express intention to exclude such an interpretation evinced by provision of Protocol to European Convention — Whether provision in Protocol to be regarded as additional Article of European Convention

Diplomatic relations — Immunity — Immunity from jurisdiction and execution — Diplomatic premises — Eviction order — Whether enforceable in courts of receiving State — Inviolability of diplomatic premises — Vienna Convention on Diplomatic Relations, 1961, Article 22 — Whether declaratory of customary international law — Duty of receiving State to assist in provision of premises for diplomatic mission — Vienna Convention on Diplomatic Relations, Article 21 — Scope of duty of receiving State — Whether conferring rights of enforcement on individuals

International tribunals — European Commission of Human Rights — Jurisdiction — Whether Commission competent to examine complaint relating to implementation of Vienna Convention on Diplomatic Relations, 1961

Human rights — Access to courts — Whether denial of access may be justified by traditional diplomatic immunities — Proceedings concerning eviction order against diplomatic premises — Whether complaint may be lodged against length of proceedings where domestic courts have asserted jurisdiction to rule on the merits — European Convention on Human Rights, 1950, Article 6(1)

Aliens — Deportation — Deportation for criminal offences of alien who had always lived in respondent State — Limits on rights of States to deport aliens — Human rights — Right to respect for family life

Human rights — Right to respect for family life — Whether deportation an interference with right to respect for family life — Whether deportation in accordance with the law and in pursuit of a legitimate aim — Whether deportation necessary in a democratic society — Requirements of a pressing social need and proportionality to the legitimate aim pursued — Seriousness of criminal record — Nationality of the first applicant, his family and relatives — Length of residence in respondent State and inability to speak Arabic — Nationality of second applicant — Inability to speak Arabic and possible legal barriers to her transfer to Algeria — Resulting threat to marriage — European Convention on Human Rights, 1950, Article 8

Nationality — Resumption of nationality — Compatibility of law regulating loss and retention of nationality with International Convention for the Elimination of All Forms of Racial Discrimination, 1965

Aliens — Extradition — Extradition proceedings — Human rights — Right to liberty and security of the person — Lawfulness of detention — Length of detention with a view to extradition — European Convention on Human Rights, 1950, Article 5

Extradition — Human rights — Procedure — Delays — Delays attributable to applicant's conduct — Duty of extraditing State to respect human rights of suspect — Extradition sought pursuant to conviction in absentia

Human rights — Liberty of person — European Convention on Human Rights, 1950, Article 5 — Detention pending extradition

Human rights — European Convention on Human Rights, 1950 — Preliminary objections on admissibility — Exhaustion of local remedies — Whether necessary to await the outcome of proceedings relating to the same subject-matter but commenced by others before different types of courts prior to instituting proceedings before the Convention institutions

Human rights — European Convention on Human Rights, 1950 — Right to respect for private and family life and home — Failure of local authorities to secure applicant's rights by terminating nuisance caused by waste-treatment plant — Interference by a public authority with the exercise of the right — State's margin of appreciation — Article 8 of the Convention

Human rights — European Convention on Human Rights, 1950 — Prohibition of degrading treatment — Whether living for years beside a waste-treatment plant amounting to degrading treatment — Article 3 of the Convention

Aliens — Extradition — Extradition proceedings — Human rights — Right to liberty and security of the person — Lawfulness of detention — Length of detention with a view to extradition — European Convention on Human Rights, 1950, Article 5

Human rights — Right to liberty and security of the person — Lawfulness of detention — Length of pre-trial detention — European Convention on Human Rights, 1950, Article 5

Aliens — Deportation — Deportation for criminal offences of alien who had always lived in Respondent State — Limits on rights of States to deport aliens — Human rights — Right to respect for family life

Human rights — Right to respect for family life — Whether deportation an interference with right to respect for family life — Whether deportation in accordance with the law and in pursuit of a legitimate aim — Whether deportation necessary in a democratic society — Requirements of a pressing social need and proportionality to the legitimate aim pursued — Seriousness of criminal record — Serious disability of applicant — Applicant’s need for support from his family — Nationality of the applicant’s family — Length of residence in Respondent State and inability to communicate in Arabic — European Convention on Human Rights, 1950, Article 8

Aliens — Immigration — Political asylum — Criteria for asylum — Persecution — Whether asylum-seeker required to show that he had himself been the victim of persecution — Family reunion

Human rights — Family life — Concept of family life — Bond between parent and child — Relationship between right of individual to respect for family life and right of State to regulate immigration — Separation caused by voluntary act of parent — European Convention on Human Rights, 1950, Article 8

International criminal law — Crimes against humanity — Nature and definition — Gravity — Sentence — Comparison between crimes against humanity and war crimes — Defences — Duress — Whether duress available as a defence on a charge involving the killing of innocent persons — Massacre of prisoners — Requirements for defence of duress — Serious threat to life and limb — Moral choice — Proportionality — Whether crime would have been committed in any event — Whether duress confined to mitigation of sentence

International tribunals — International Criminal Tribunal for the Former Yugoslavia — Object and purpose — Procedure — Plea of guilty — Whether acceptable — Requirement that plea be voluntary, informed and unambiguous — Plea of guilty not to prejudice fundamental rights of the accused — Differences between International Criminal Tribunal and national courts — Extent of reference to national law — Common law on pleas of guilty — National laws on duress as a defence

Sources of international law — Custom — General principles of law recognized by civilized nations — Nature of reference to national law by international tribunal — Concepts of national law not transplanted in their entirety into international law — Sources of international criminal law

War and armed conflict — War crimes and crimes against humanity — Massacre of large number of prisoners — Criminal responsibility of individuals involved — Whether duress available as a defence — Appropriate sentence

Human rights — Liberty of person — Right not to be deprived of liberty except in accordance with law — Principle of legality aimed at lawfulness of procedure and substance — Abduction from one State to face trial in another — Accused lured into travelling to another State and then arrested — Whether violation of international law rights of the accused — Whether relevant that there was no extradition treaty — Person wanted for trial by International Criminal Tribunal for the Former Yugoslavia

International criminal law — Principles — Procedure — Arrest of accused person to stand trial before international tribunal — Requirements for lawfulness of arrest — Whether unlawful arrest vitiates jurisdiction

International organizations — United Nations — Security Council — Powers under Chapter VII of the United Nations Charter — Establishment of International Criminal Tribunal for the Former Yugoslavia — Establishment of United Nations Transitional Administration for Eastern Slavonia (“UNTAES”) — Authority of UNTAES — Whether exercising executive authority — Powers of arrest — Execution of arrest warrant by UNTAES on behalf of International Criminal Tribunal for the Former Yugoslavia

International tribunals — International Criminal Tribunal for the Former Yugoslavia — Statute and Rules of Procedure — Provision for issue and execution of arrest warrants — Whether warrants may be executed by international authorities instead of States

Jurisdiction — Executive — Powers of arrest — International law restrictions on powers of arrest — Requirement not to violate the sovereignty of a State — Human rights of the accused

Treaties — Conclusion — Constitutional limitations — French Constitution, Article 54 — Additional Protocol No. 6 to the European Convention on Human Rights concerning abolition of the death penalty — Compatibility with French Constitution — Whether affecting essential conditions for exercise of national sovereignty — The law of France

Treaties — Effect in municipal law — Priority of treaty provisions over conflicting provisions of municipal law — French Constitution, Article 55 — Additional Protocol No. 1 to European Convention on Human Rights, 1950, Article 3 — Competence of Constitutional Council when acting as an electoral court — Whether empowered to examine the compatibility of a municipal statute with an international convention

Relationship of international law and municipal law — Treaties — Effect in municipal law — Additional Protocol No. 1 to European Convention on Human Rights, 1950 — Priority of treaty provisions over conflicting municipal law — The law of France

Treaties — Interpretation — Powers of administrative courts — Whether competent to interpret international treaties without making a reference to Minister for Foreign Affairs — The law of France

International organizations — Powers — Division of competence between the organization and the Member States — European Organization for the Safety of Air Navigation (“Eurocontrol”) — Decision by Commission of Eurocontrol fixing rates for route charges — Publication of decision by ministerial order in Member State — Whether any powers to fix charges retained by Member States — Whether decision of Eurocontrol Commission subject to judicial review by municipal courts of Member States — Brussels Protocol relating to the Collection of Route Charges, 1981

Treaties — Effect in municipal law — Brussels Protocol relating to the Collection of Route Charges, 1981 — Decision of Eurocontrol Commission taken pursuant to Brussels Protocol — Status under municipal law — The law of France

Aliens — Refugees — Definition — Persecution — Geneva Convention on the Status of Refugees, 1951 — Article 1(A)(2) — Nature of persecution required by the Convention — Whether must emanate directly from public authorities — Relevance of attitude adopted by authorities to persecution by individuals or groups — The law of France

Extradition — Political offence — Definition — Request for extradition for terrorist offences — Offences committed within framework of Basque struggle for independence and as part of organized armed group — Whether constituting political offences — Relevance of gravity of offences including murder — Circumstances in which claim to refugee status might constitute a bar to extradition — Geneva Convention on the Status of Refugees, 1951, Article 1(F)(b) — Whether extradition requested for a political purpose

Aliens — Refugees — Refugee status — Grounds for denial — Geneva Convention on the Status of Refugees, 1951, Article 1(F)(b) — Commission of serious non-political crime outside country of refuge — Whether providing grounds for denial of refugee status

Extradition — Conditions — Specialty — Terrorist offence — Classification as “murder by organized armed groups” — Whether equivalent to simple categorization as murder — The law of France