Arbitration — International Centre for the Settlement of Investment Disputes (“ICSID”) — Jurisdiction — Local remedies rule — ICSID Convention, Article 26 — Reversal of normal presumption — Whether exhaustion of domestic remedies required in Argentine — Spain Bilateral Investment Treaty — Whether most favoured nation clause permitting reference to more liberal provisions on dispute settlement in other treaties — Provisional measures of protection — Scope of jurisdiction to order — Requirement that provisional measures must relate to subject matter of case — Award — Rectification

Claims — ICSID — Standing to claim — Investor of one party investing in company incorporated in Respondent State — Whether investor having standing to claim

Economics, trade and finance — Bilateral investment treaties — Standards — Most favoured nation clause — Bilateral investment treaty not an insurance policy for bad investment decisions

International tribunals — ICSID — Arbitration tribunal — Jurisdiction — Procedure

Nationality — Nationality of claims — Bilateral investment treaty — Whether permitting national of one party to claim in respect of investment in company incorporated in the other party

State responsibility — For acts of State-owned company — Whether company a State entity — Structural and functional tests — Distinction between commercial and sovereign acts of company — Local remedies rule — Nationality of claims rule

Treaties — Interpretation — Principles of interpretation — Vienna Convention on the Law of Treaties, 1969, Article 31 — Principle of good faith

Human rights — Crimes against humanity — Scope of concept of crimes against humanity — Widespread or systematic violations of human rights — Motives — Whether personal motives preclude act being a crime against humanity — Requirement of discriminatory intent — Persecution as a crime against humanity

Human rights — Fair trial — Equality of arms — Content of principle — Application to international criminal tribunal — Whether applicable to inequality resulting from acts outside control of tribunal

International criminal law — Grave breaches of the Geneva Conventions — Concept of individual criminal responsibility in international law — Statute of the International Criminal Tribunal for the Former Yugoslavia, Article 2 — Requirements — Existence of international armed conflict — Test — Conflict apparently internal — One party linked to foreign State — Degree of control required by foreign State — Requirement that victims be protected persons — Whether satisfied in case of victims of conflict in Bosnia and Herzegovina

International criminal law — Crimes against humanity — Mental element required for crime against humanity — Requirement that attack be directed against any civilian population — Personal motives — Whether requirement of discriminatory intent — Statute of the International Criminal Tribunal for the Former Yugoslavia, Article 5

International criminal law — Individual criminal responsibility — Degree of participation required — Aiding and abetting — Common purpose — Statute of the International Criminal Tribunal for the Former Yugoslavia, Article 7(1)

International tribunals — International Criminal Tribunal for the Former Yugoslavia — Jurisdiction — Procedure — Evidential standards — Appeals — Relationship with other international courts — International Court of Justice

War and armed conflict — Armed conflict — Definition — Characterization of conflict as internal or international — Geographical and temporal scope of armed conflict — Whether law of armed conflict applicable to treatment of detainees in part of country where no actual fighting taking place — Internal armed conflicts — Definition

War and armed conflict — Civilians — Fourth Geneva Convention, 1949 — Definition of protected person — Requirement that protected person must be in the hands of a party to the conflict or occupying power of which he is not a national — Interpretation — Civilian detainees — Standards of treatment

War and armed conflict — Internal armed conflicts — Common Article 3 to the Geneva Conventions, 1949 — Whether declaratory of customary international law — Persons not taking a direct part in hostilities — Definition — Whether applicable to captured members of armed forces

International criminal law — Sentence — Relevant considerations — International Criminal Tribunal for the Former Yugoslavia — Seniority of accused — Gravity of offence relative to offences committed by others — Deterrence — Whether crimes against humanity attract more severe sentences than war crimes — Sentencing practice of Yugoslav courts — Credit for time spent in custody before transfer to Tribunal — Minimum period of time to be served in prison — Date from which minimum period to run

War and armed conflict — War crimes and crimes against humanity — Whether crimes against humanity more serious than war crimes

Human rights — Inhuman and degrading treatment — Death penalty — Whether sentence of death inhuman — Delay in carrying out execution — Delay before bringing case to trial — Relevance of international agreements

International tribunals — Effect of international system of protection in municipal law — Inter-American Commission on Human Rights

Relationship of international law and municipal law — Treaties — Treaty system of human rights protection — Effect in municipal law — The law of the Bahamas

Human rights — Inhuman and degrading treatment — Death penalty — Whether sentence of death inhuman — Delay in carrying out execution — Delay before bringing case to trial — Relevance of international agreements

International tribunals — Effect of international system of protection in municipal law — Inter-American Commission on Human Rights

Relationship of international law and municipal law — Treaties — Treaty system of human rights protection — Effect in municipal law — The law of the Bahamas

Extradition — Capital offences — Offence carrying death penalty in requesting State but not in requested State — Right of requested State to seek assurance that death penalty will not be imposed — Canada-United States Extradition Treaty, 1976, Article 6 — Decision by Canada to extradite fugitive without assurances — Whether contrary to Canadian Charter of Rights and Freedoms — Relevance of international law — Whether international law prohibits death penalty — Whether international law manifests trend against death penalty — Considerations of fundamental justice — Whether balance has changed since 1991

Human rights — Inhuman and degrading treatment or punishment — Death penalty — Whether constituting inhuman or degrading treatment or punishment — Death row phenomenon — Concepts of fundamental justice

International criminal law — Cooperation between States in criminal matters — Extradition — Death penalty — Whether State which has abolished death penalty should extradite person on capital charge without assurances that death penalty will not be imposed — The law of Canada

Aliens — Refugees — Deportation — Association with terrorist organization — Whether constituting a danger to the security of Canada — Relationship between security of Canada and security of other States — Whether association with group engaged in terrorism in Sri Lanka sufficient to constitute danger to the security of Canada — Human rights limitations on refoulement — Geneva Convention relating to the Status of Refugees, 1951

Human rights — Freedom from torture — Due process — Prohibition on refoulement to State where individual at serious risk of torture — Whether prohibition absolute — Whether to be balanced against national security considerations — International Covenant on Civil and Political Rights, 1966, Article 7 — United Nations Human Rights Committee General Comment No 20 — Convention against Torture, 1984, Article 3 — Geneva Convention relating to the Status of Refugees, 1951, Article 33

Relationship of international law and municipal law — Treaties — Treaty not part of Canadian law unless implemented by legislation — International law and principles as aid to construction of legislation

Terrorism — Nature of terrorism — Definition — International Convention for the Suppression of the Financing of Terrorism, 1999 — International nature of terrorism — Whether terrorist threat to one State also indirectly endangers another — The law of Canada

Aliens — Refugees — Deportation — Association with terrorist organization — Whether constituting a danger to the security of Canada — Refugee a member of Iranian Ministry of Intelligence Security

Terrorism — Nature of terrorism — The law of Canada

Aliens — Refugees — Deportation — Association with terrorist organization — Whether constituting a danger to the security of Canada — Refugee a member of Iranian Ministry of Intelligence Security — Whether deportation contrary to the International Covenant on Civil and Political Rights, 1966

Human rights — Freedom from torture and inhuman treatment — Deportation — Whether deportation would constitute a violation of International Covenant on Civil and Political Rights, 1966 — United Nations Human Rights Committee

International tribunals — United Nations Human Rights Committee — Provisional measures — Whether binding — International Covenant on Civil and Political Rights, 1966 — Optional Protocol — Nature and extent of commitments assumed by States parties

Relationship of international law and municipal law — Treaties — Treaty ratified but not implemented by legislation — Effect in Canadian law — Whether creating rights — Purpose of doctrine that unincorporated treaty not forming part of Canadian law — International Covenant on Civil and Political Rights, 1966 — Decision of United Nations Human Rights Committee — Provisional measures — Whether capable of creating rights in Canadian law — The law of Canada

Human rights — Freedom from torture — Nature of prohibition of torture — Whether a rule of jus cogens — Consequences — Remedies for torture — Whether State entitled to claim State immunity when sued for torture — Whether other States required to provide remedy for acts of torture committed outside their territory — Convention against Torture, 1984, Article 14(1) — International Covenant on Civil and Political Rights, 1966, Article 14

Relationship of international law and municipal law — Customary law — Part of Canadian common law — Treaties — Effect in Canadian law of treaty not implemented by legislation — International law principles and values as aid to construction of legislation — Expert evidence on international law — Admissibility — Value

State immunity — Jurisdictional immunity — Exceptions to immunity — Commercial activity — Torts occasioning personal or bodily injury — Whether exception to immunity for non-commercial torts extends to torture committed by defendant State in its own territory — Whether there is an exception to immunity for violations of jus cogens — Canada State Immunity Act 1982

Treaties — Interpretation — Relevance of subsequent practice — Convention against Torture, 1984 — Practice of States Parties — Reports to Committee against Torture — Response to declaration by United States of America — The law of Canada

Extradition — Treaties — Relationship of extradition treaty and domestic legislation governing extradition — Whether statutory provisions can be limited or extended by extradition treaty — Arrest and detention of accused pending receipt of formal extradition request — Statute requiring magistrate to set time-limit for receipt of formal extradition request or discharge of accused in absence of request — Time-limit to be reasonable in the circumstances — Treaty providing for forty-five-day period from arrest for submission of formal request — Whether requesting State entitled to full forty-five-day period — United Kingdom — United States Extradition Treaty, 1972 — The law of the Cayman Islands

Air — Permit to take on board and discharge passengers — United Kingdom — Romanian pilots — Failure to pass United Kingdom Civil Aviation Authority examinations — Examinations taken voluntarily — Chicago Convention on International Civil Aviation, 1944, Article 11 — Whether provisional suspension of permit for all pilots unreasonable and discriminatory

Treaties — Treaty as aid to construction of enabling statute — Chicago Convention on International Civil Aviation, 1944 — Whether provisional suspension of permit contrary to Article 11 of Convention

Relationship of international law and municipal law — Interpretation of statute — Implementing legislation to be construed in light of treaty — The law of England

Aliens — Refugees — Definition of a refugee — Requirement of membership of a particular social group — Whether cohesiveness a prerequisite for being regarded as a social group — Women in Pakistan — Discrimination against women in Pakistan — Whether women constituting a particular social group — Whether wives accused of adultery and thus at risk of violence a social group — Geneva Convention relating to the Status of Refugees, 1951, Article 1A(2)

Human rights — Discrimination — Discrimination against women — Discrimination against women in general — Discrimination against wives accused of adultery — Whether victims of such discrimination entitled to refugee status

Treaties — Interpretation — Preamble of treaty — Context — Travaux préparatoires — Case law in other States parties — Geneva Convention relating to the Status of Refugees, 1951 — The law of England

Aliens — Deportation — National security — Terrorism — Terrorist threat to another State — Whether capable of endangering national security of State in which alien resident — Indirect effect on national security of latter State — Effect on international relations

Human rights — Right to due process — Hearing partly in camera — Hearing before Special Immigration Appeals Commission — Deportation of alien on national security grounds — Review by courts — Limits on appellate process

Terrorism — Nature — International nature of terrorism — Whether terrorist threat to one State also indirectly endangers other States — Pakistani national in United Kingdom accused of association with terrorist acts in Kashmir — The law of England

State immunity — Jurisdictional immunity — Application of doctrine of sovereign immunity — United Kingdom State Immunity Act 1978 — Whether Central Bank of Cuba immune from jurisdiction — Whether agreement between respondent banks commercial or governmental act — State Immunity Act 1978, Sections 3(1) (a) and 14(2) (a) — The law of England

Human rights — Procedure — United Nations Human Rights Committee — Availability of legal aid for proceedings before Committee

International tribunals — United Nations Human Rights Committee — Nature of Committee — Whether a judicial authority — Whether exercising adjudicative functions — Whether part of judicial machinery of State which has accepted its jurisdiction — Availability of legal aid from national legal aid fund for proceedings before Committee

Relationship of international law and municipal law — Treaties — International Covenant on Civil and Political Rights, 1966 — Optional Protocol — United Nations Human Rights Committee — State party to Optional Protocol — Whether Committee exercising adjudicative functions of the State — The law of New Zealand

Treaties — Application — Interpretation — Treaty of Union between England and Scotland — Provision for Scottish peers to sit in the House of Lords of the United Kingdom — Government proposing legislation to remove right of hereditary peers to sit in the House of Lords — Whether proposal contravening the Treaty of Union — The law of the United Kingdom