War and armed conflict — Occupation — Military intervention — Effective control over territory or area of a second State — Iraq following military intervention in 2003 — Prisoners of war — Civilians — Detention — Memorandum of Understanding between Australia, United Kingdom and United States

Human rights — Jurisdiction — Whether exclusively territorial — Conditions for extraterritorial jurisdiction — Detention of civilian during armed conflict in foreign State — Transfer of detainees by a detaining State to responsibility of a second State — Duty of detaining State to conduct inquiry into alleged human rights abuses — European Convention on Human Rights, 1950 — Article 1 — Obligation to respect human rights — Convention not universally applicable — Jurisdiction — Territorial jurisdiction — Extraterritorial jurisdiction — Extraterritorial application of Convention only in exceptional circumstances

Treaties — Nature — Memorandum of Understanding — Whether legally binding

Jurisdiction — Territorial — Extraterritorial jurisdiction — European Convention on Human Rights, 1950 — Extraterritorial application of Convention in exceptional circumstances only — Effective control of relevant territory — Activities of consular agents abroad, on vessels or in military facilities — Acts producing effects in or performed outside Contracting States’ territory — The law of England

State immunity — State Immunity Act 1978 — Meaning of “a State” and “a separate entity” — Separate entities capable of suing and being sued, and distinct from the executive organs of government — Acta jure imperii and acta jure gestionis — Whether creation of entity by a State indicative of entity being organ of that State — Relevance of intent of State in creating entity — Whether status and separate legal personality under entity’s home State’s law decisive — Significance of entity’s constitution, functions, powers and activities — Whether hierarchical dependence on Executive Power, and need for Executive Power to act as guarantor for entity in bank guarantees indicative of entity’s status as organ of State — Service out of jurisdiction — Substituted service — Whether permissible

Relationship of international law and municipal law — State Immunity Act 1978 — Section 14 — States entitled to immunities and privileges — Section 12 — Service of process and judgments in default of appearance — The law of England

Jurisdiction — Justiciability — Non-justiciability — Abstention of English courts from adjudicating on transactions of foreign States — Interpretation of unincorporated treaties beyond the interpretative jurisdiction of English courts — Exceptions — Protective measures to maintain status quo

Relationship of international law and municipal law — Act of State — Justiciability — Dismemberment of States — Rights, obligations, liabilities and assets of successor States — Dismemberment of Socialist Federal Republic of Yugoslavia — Agreement on Succession Issues, 2001 — Justiciability in English courts

State succession — Dissolution of States — Dismemberment of Socialist Federal Republic of Yugoslavia — Successor States — Succession to assets and liabilities of SFRY — Whether justiciable in English court — The law of England

Human rights — Right to life — Prohibition of torture — European Convention on Human Rights, 1950, Articles 2 and 3 — Obligations on States — Damages for breach — Claims for breach — Standing — Who constitutes a victim — Causation

Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Human Rights Act 1998 — Criminality defence — Application of common law defences to Convention claims — The law of England

Extradition — European Convention on Extradition, 1957 — European Union Framework Decision 2002/584/JHA — Extradition Act 2003 — Issue of European Arrest Warrants — Meaning of (issuing) “judicial authority” — Whether public prosecutor an issuing “judicial authority” — Validity of European Arrest Warrant issued by a public prosecutor — Vienna Convention on the Law of Treaties, 1969 — Presumption that United Kingdom legislating in conformity with its international obligations — Rebuttal of presumption with clear parliamentary intent — Pupino not binding on United Kingdom courts — Pepper v. Hart principle concerning scrutiny of parliamentary material in cases of ambiguous primary legislation

Relationship of international law and municipal law — Treaties — Interpretation — European Union Framework Decision 2002/584/JHA — Extradition Act 2003

Treaties — Interpretation — Vienna Convention on the Law of Treaties, 1969 — Subsequent practice of the parties — The law of England

Claims — Order for surrender of property held by foreign State — Failure to comply with court order — Inherent contempt power of United States federal courts — Civil contempt sanctions — Non-compliance with order to be demonstrated with reasonable certainty to warrant contempt sanctions

State immunity — Sanctions — Whether foreign State immune from civil sanctions for contempt of court — Whether issue comparable to immunity from jurisdiction or immunity from execution — Foreign State declining to take part in proceedings following dismissal of jurisdictional objection — Judgment in default — Foreign State failing to comply with judgment in default

Relationship of international law and municipal law — United States domestic law — Foreign Sovereign Immunities Act 1976 — Courts’ deference to alleged risks to foreign policy interests — When appropriate — The law of the United States

Jurisdiction — Subject-matter jurisdiction — Personal jurisdiction over defendants — Merits — United States Constitution — Power of federal courts restricted to cases and controversies — Litigant must have suffered or been threatened with injury traceable to defendant — Dispute must be live at time of courts’ consideration — Parties must have concrete interest in outcome — Circumstances under which cases moot — Availability of partial remedy — Whether rescuing case from mootness

Treaties — Interpretation — Object and purpose — Hague Convention on the Civil Aspects of International Child Abduction, 1980 — Object and purpose — Country of habitual residence — Return orders — Re-return orders — Power of District Court to reverse return order — Necessity of expediting orders — Conditions for granting stays — Best interests of child

Relationship of international law and municipal law — Treaties — United States domestic law — United States Constitution — International Child Abduction Remedies Act 1988 — Child custody — Abrogating Bekier v. Bekier — The law of the United States

Jurisdiction — Extraterritoriality — United States domestic law — Alien Tort Statute 1789 — The law of nations — Causes of action — Application to violations of specific, universal and obligatory international norms only — Violation of safe conduct, infringements of rights of ambassadors, and piracy — Presumption against extraterritorial application of statutes — Rebuttal of presumption against extraterritorial application — Clear congressional intent for extraterritorial application required to rebut presumption — Whether generic terms such as “any” and “every” sufficient to connote intended extraterritorial application — Whether use of term “tort” and transitory tort doctrine rebutting presumption — Comity — Sosa v. Alvarez-Machain — Universal jurisdiction — Whether claims touching and concerning United States with sufficient force to displace presumption — Whether corporate presence alone sufficient — Circumstances for finding of jurisdiction

Relationship of international law and municipal law — Jurisdiction — Claims in courts of one State for alleged violations of international law in the territory of another State — Alien Tort Statute 1789 — The law of the United States

Relationship of international law and municipal law — Treaties — Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, 1993 — Scope and application — War crimes and acts of terrorism — United States domestic law — United States Constitution 1787 — Tenth Amendment 1791 — Federalism — Balance of powers between Federal Government and states — Police power of states — Chemical Weapons Convention Implementation Act 1998 — Section 229 — Definition of “chemical weapons” — Interpretation of defined terms — Application of express definition or use of ordinary reading — Intrusion of Federal Statute on traditional responsibilities of states — Scope of treaty power — Principle that a constitutional question will not be considered if a case can be otherwise disposed of — Clear congressional intent required for a Federal Statute to abrogate state responsibilities — Common law assault — Treaty power to be applied to matters of intercourse between nations — Whether treaty power applicable to purely domestic matters — Scope of “necessary and proper” clause — The law of the United States