Human rights — Fair trial — Right to a hearing by an independent and impartial tribunal — Regional Real Property Transactions Authority of the Austrian Tyrol — Decision on appeal on the approval of a contract for the purchase of land — Whether an independent and impartial tribunal established by law — Length of members’ term of office and possibility of removal — Procedure and appointment of members — Composition — Rapporteur a civil servant subordinate to one of the parties — European Convention on Human Rights, 1950, Article 6(1)

Damages — Human rights violation — Pecuniary damage — Legal costs and expenses — European Convention on Human Rights, 1950, Article 50

Damages — Human rights violation — European Convention on Human Rights, 1950, Article 50 — Violation of right to a fair trial — Claim for immediate release — Restitutio in integrum — Legal costs — Basis of assessment

Human rights — Fair trial — Right to a hearing before an independent tribunal — Member of court of trial in criminal case also acting as investigating judge — Inquisitorial procedure — Whether judge impartial in fact — Presumption of impartiality — Appearance of impartiality — Whether guarantees of impartiality applicable to court of first instance — Whether decision of appeal court capable of remedying violation by court of first instance — Plea of necessity — Shortage of judges — Whether justifying departure from requirements of impartial tribunal — European Convention on Human Rights, 1950, Article 6(1)

Claims — Exhaustion of local remedies — Whether international tribunal should raise question proprio motu — Purpose of rule

International tribunals — Procedure — European Court of Human Rights — Whether Court should raise questions proprio motu

Damages — Human rights violation — Measure of damages — Causation — Non-pecuniary damage — Equitable measure — European Convention on Human Rights, 1950, Article 50

Human rights — Discrimination — Between husband and wife — Action contesting paternity — Whether a determination of “civil rights and obligations” — Whether concerning “private life” — European Convention on Human Rights, 1950, Articles 6 and 8 — Time-limits laid down by Danish legislation for husband but not mother — Whether discrimination on grounds of sex — Article 14 of the Convention — Whether difference in treatment objectively and reasonably justified — Authorities' margin of appreciation

Treaties — Interpretation — Travaux préparatoires — European Convention on Human Rights — Article 14 — Whether having an independent existence — Respect for private life — Meaning of — Preparatory work on Article 8

Human rights — Fair trial — Right of person charged with a criminal offence to take part in hearing — Whether possible to waive exercise of right — Trial in absentia — European Convention on Human Rights, 1950, Article 6(1)

Treaties — Interpretation — Object and purpose — European Convention on Human Rights, 1950, Article 6(1)

Damages — Human rights violation — Compensation for pecuniary and non-pecuniary damage suffered by applicant and his widow — Whether widow an “injured party” — Equitable measure of compensation — European Convention on Human Rights, 1950, Article 50

International tribunals — Procedure — European Court of Human Rights — Removal of case from list — Applicant pardoned — Applicant taking no further part in proceedings

Human rights — Private and family life — Duty of State to respect — Whether involving positive obligations on part of States — Failure to prosecute sexual assault on mentally handicapped girl — Requirement that victim institute complaint in person — Necessity for criminal law provisions — Whether civil law protection sufficient — European Convention on Human Rights, 1950, Article 8

Damages — Human rights violations — Degree of responsibility of respondent State for non-pecuniary damage — European Convention on Human Rights, 1950, Article 50

Damages — Human rights violation — Compensation for breach of right to respect for private life — Friendly settlement between applicant and respondent State — Whether equitable — European Convention on Human Rights, 1950, Article 50

International tribunals — Procedure — European Court of Human Rights — Friendly settlement between applicant and respondent State — Whether to strike case off list

Human rights — Arrest and detention — Detention of mentally disordered offender at special security hospital — Recommendation for transfer to open psychiatric hospital — Transfer not carried out because of trade union action — Whether continued detention in secure hospital unlawful — European Convention on Human Rights, 1950, Article 5(1)(e)

Human rights — Access to courts — Claim for breach of statutory duty under Mental Health Act barred — Whether denial of access to courts — Whether violation of right to judicial determination of lawfulness of detention — European Convention on Human Rights, 1950, Articles 5(4) and 6(1)

Human rights — Discrimination — European Convention on Human Rights, 1950, Article 14 — Scope — Requirement that Article 14 be taken in conjunction with another provision of Convention — No requirement of separate violation of other provisions — Discrimination contrary to Convention if State accords greater benefits than those required by provision of Convention but does so in a discriminatory fashion — Sex discrimination — Husband of woman lawfully settled in United Kingdom not permitted to settle in United Kingdom on same terms as wife of man lawfully settled in United Kingdom — Race discrimination — Preferential treatment for husbands of women possessing United Kingdom citizenship by birth in United Kingdom or with a parent born in the United Kingdom — Whether legitimate

Human rights — Private and family life — Duty of State to respect — Whether requiring State to permit alien husband of woman lawfully settled in State to settle with her — Inhuman and degrading treatment — Whether refusing him permission to reside in State with his wife inhuman and degrading treatment — European Convention on Human Rights, 1950, Articles 3 and 8

Human rights — Remedies in national law — Duty to provide remedies for violation of Convention rights — Convention not incorporated into English law — Whether remedy for breach of Convention available under English law — European Convention on Human Rights, 1950, Article 13

Human rights — Immigration — Right of entry — Protocol No. 4 to European Convention on Human Rights, 1950 — Whether other provisions of Convention applicable to immigration matters

Aliens — Immigration — Right of entry — Whether State required to admit alien husband to reside with wife lawfully settled in State

Damages — Human rights violation — Non-pecuniary damage — Whether declaration of violation of Convention sufficient satisfaction — European Convention on Human Rights, 1950, Article 50

Relationship of international law and municipal law — Treaties — Status of European Convention on Human Rights, 1950, in English law — Duty of State party to Convention to provide remedy under national law

Human rights — Fair trial — Constituent elements — Right to a fair hearing — Equality of arms — Equal treatment of witnesses for prosecution and defence — European Convention on Human Rights, 1950, Article 6

International tribunals — Procedure — European Court of Human Rights — Jurisdiction to entertain matter not raised before European Commission of Human Rights — Costs — Whether unreasonably high fees an impediment to protection of human rights

Damages — Human rights violation — Pecuniary damage — Loss of opportunities — Non-pecuniary damage — Whether finding of violation and pardon adequate compensation — Legal costs and expenses — Whether reasonable — Equitable basis of assessment — European Convention on Human Rights, 1950, Article 50

Human rights — Freedom of expression — Prohibitory injunction restraining applicant from repeating statements in general press — Injunction based on German domestic legislation regarding advertising by members of professions — Whether a justifiable interference with freedom of expression — European Convention on Human Rights, 1950, Article 10 — Applicability — Scope of — Whether injunction “prescribed by law” — Legitimate aim — Whether “necessary in a democratic society” — Balancing of competing interests

International tribunals — Procedure — European Court of Human Rights — Respondent State objecting to issue conceded before European Commission of Human Rights — Estoppel

Damages — Human rights violation — Compensation for breach of treaty obligation — Partial friendly settlement between respondent State and applicant of claims for pecuniary damage — Whether “equitable” — Non-pecuniary damage — Whether finding of violation sufficient remedy — European Convention on Human Rights, 1950, Article 50

Sea — Maritime boundaries — Delimitation — Continental shelf — Customary international law principles regarding delimitation — Use of equitable principles in order to achieve an equitable solution — Opposite States — Relevant equitable considerations — Importance of natural prolongation — Relevance of rift zone between States — Proportionality between length of coastline and share of continental shelf — Islands — Island State with restricted coastline — Economic circumstances of States — Equidistance methods of delimitation — Whether relevant in contemporary law — Overlap between claims advanced by Parties and claims of third party State

Sea — Continental shelf — Juridical nature of continental shelf — Whether rights of State to continental shelf dependent upon considerations of natural prolongation — Distance principle — Whether State entitled to continental shelf extending to distance of 200 miles from baselines irrespective of natural prolongation — Effects on delimitation — Relationship between continental shelf and exclusive economic zone

Sea — Islands — Island State — Continental shelf — Whether island State to be treated differently from other States in respect of entitlement to continental shelf — Island State with small coastline — Offshore islands — Uninhabited islet — Whether to be taken into account in delimitation of continental shelf boundary

International Court of Justice — Jurisdiction — Special agreement — Continental shelf boundary dispute between two States referred to Court by special agreement — Claims advanced by Parties overlapping with claims made by third State — Whether Court possessing jurisdiction to determine principles or rules governing rights of third State — Whether Court required to confine itself to the delimitation of the continental shelf between the Parties in area where no third party claims

Sources of international law — Customary international law — Relationship between customary international law and treaty — Convention adopted by large majority of States but not yet in force — Effect upon customary international law — Law of the Sea Convention, 1982 — Provisions regarding continental shelf delimitation — Concept of the exclusive economic zone

International Court of Justice — Procedure — Finality of judgment — Application for revision, interpretation and correction of an error — Request for revision of a judgment — Statute of the Court, Article 61 — Admissibility of request — Discovery of “new fact” — Whether Party seeking revision knew, or should have known, of existence of this fact at time of first judgment — Whether fact of such a nature as to be a decisive factor — Request for interpretation of a judgment — Statute of the Court, Article 60 — Admissibility of request — Provision in Special Agreement for Parties jointly to request “explanations and clarifications” — Whether precluding unilateral recourse to Court — Whether objection to admissibility waived by Party during oral proceedings — Whether a dispute about the meaning or scope of the judgment — Principle of res judicata — Whether real purpose of request to obtain revision of the judgment — Request for correction of an error — Whether error actually exists — Whether request without object — Request for an expert survey

Sea — Maritime boundaries — Delimitation — Continental shelf — Application of equitable principles to achieve an equitable solution — Boundaries of concession areas — Whether of decisive importance in determining location of continental shelf boundary

Jurisdiction — Territorial — Activities by foreign corporation in United States designed to defraud foreigners abroad — Whether within the jurisdiction of the United States courts — Securities transactions — Effects of fraudulent trading — Small group of fundholders in international investment trust United States nationals or residents — Whether sufficient effect within the United States to justify jurisdiction — Personal jurisdiction — Whether United States has power to prescribe conduct of United States citizens abroad — Whether fact that defendant company owned by a United States citizen sufficient

Relationship of international law and municipal law — Customary international law — Enforcement by municipal courts — United States Alien Tort Statute — Violation of the law of nations — Meaning — Whether violation of rule common to the laws of all States a violation of the law of nations — Whether violation must be of a rule applicable between States or between State and foreign national — The law of the United States

Relationship of international law and municipal law — Treaties — Effect in municipal law — Whether conferring rights upon individuals — Customary international law — Whether conferring rights upon individuals which may be enforced in municipal courts — Alien Tort Statute — Whether creating cause of action

Human rights — Protection in general international law — Whether customary international law imposes obligations upon a State with regard to own citizens — Expropriation — Alleged seizure of German Jew’s property by action of German Government in 1938

War and armed conflict — Belligerent occupation — Occupation of Germany by Allied Powers — United States Military Administration in Germany — Whether laws enacted by Military Administration laws of the United States — The law of the United States

Relationship of international law and municipal law — Act of State and justiciability — Nature of act of State doctrine in United States law — Origins in respect for sovereignty of foreign State — Contemporary purpose of doctrine — Separation of powers under United States Constitution — Judicial restraint in matters of foreign relations — Exceptions to doctrine — No exception for ministerial, as opposed to discretionary, acts of foreign government — The law of the United States

Relationship of international law and municipal law — Act of State and justiciability — Nature of act of State doctrine in United States law — Contemporary purpose of doctrine — Respect for sovereign independence of States — Judicial restraint in matters of foreign relations — Allegations that United States corporation secured oil concessions by bribery — Inquiry into motives of foreign government in granting concessions — Whether barred by act of State doctrine — Exceptions to doctrine — Commercial activity exception — Whether part of United States law — Whether act of granting concession a commercial activity — United States Foreign Corrupt Practices Act — Public prosecution — Whether contrary to act of State doctrine — Difference between public and private actions — The law of the United States

Expropriation — Of debt — Order to bank to pay to government sum equivalent to funds in private account — Whether amounting to expropriation of depositors’ assets — Whether payment of amount required discharges bank’s obligations to depositors — Situs of debt

Relationship of international law and municipal law — Act of State and non-justiciability — Principle that United States courts will not question validity of act of foreign State performed within jurisdiction of foreign State — Expropriation of debt — The law of the United States

State immunity — Attachment and execution Prejudgment attachment — Attachment to obtain jurisdiction — State corporation — Shipping line — Whether State entity — Whether entitled to immunity — Waiver — United States Foreign Sovereign Immunities Act 1976 — Italy-United States Treaty of Friendship, Commerce and Navigation, 1965 — The law of the United States