Treaties — Interpretation — Vienna Convention on the Law of Treaties, 1969 — Agreements of Commonwealth of Independent States to which reservations made — Whether conforming with Vienna Convention on the Law of Treaties, 1969 — Reservations — Reservations to CIS agreements — Validity of reservations — Whether reservations violating procedural and material norms of Vienna Convention — Effect of unlawful reservations

Treaties — Vienna Convention on the Law of Treaties, 1969 — International agreements — Commonwealth of Independent States’ decisions — Classification — Interpretation — Applicable law — Reservations — Admissibility — Whether reservations compatible with object and purpose of agreement — Regulation of reservations

International organizations — Staff — Administrative tribunal — OECD Council decisions postponing salary and pension adjustments — OECD official lodging administrative appeal — Scope of dispute — Admissibility of application — Whether Council decisions in breach of Article 8.1 of Annexe I to Staff Regulations — Application of Article 8.3.2 of Annexe I — Whether Council decisions amounting to misuse of powers — Whether Council obliged to give reasons — Whether breach of obligation to inform staff

Arbitration — Provisional measures — Standard of jurisdiction required — Prima facie standard — Purpose to safeguard interests of parties — Whether provisional measures appropriate where loss could be compensated by monetary damages

Arbitration — Jurisdiction — Privity — Whether mutuality of consent existing — Whether treaty in force at time of claim

Arbitration — Jurisdiction — Exhaustion of local and contractual remedies — Differences between international commercial arbitration under treaty and local actions under municipal law — Whether any treaty requirement to exhaust other remedies existing

Economics, trade and finance — Investment — ASEAN Investment Agreement, 1987 — Interpretation — Interpretation of “investment” — Whether direct inward investment from another Member State — Whether investing company effectively managed from State of incorporation — Presumption against loss of treaty protection — Whether investment approved in writing and registered

Treaties — Interpretation — ASEAN Framework Agreement, 1998 — Interpretation of “ASEAN investment” — Relation to 1987 Agreement — Whether intending to amend earlier treaty or operate cumulatively — Whether concepts of investment distinct — Relevance of State practice in ASEAN — Object and purpose of treaty

International organizations — Immunity — Representatives of Member States — Scope of immunity — United Nations Industrial Development Organization (“UNIDO”) Headquarters Agreement, 1967, Article XI — Immunity limited to representatives of Member States “having official business with UNIDO” — Meaning — Question of whether representative acting within scope of activities of UNIDO — Whether dependent on view of UNIDO or sending State — Whether requiring decision of UNIDO recognizing status of person in question as a State representative entitled to diplomatic immunity

Diplomatic relations — Special missions — “Ad hoc” mission to international organization — Determination of status — UNIDO Headquarters Agreement, 1967 — Rules of customary international law — Whether such mission capable of coming into existence without consent of international organization concerned — The law of Austria

International organizations — Immunity — Jurisdictional immunity — National of foreign State employed by international organization as chauffeur — Contract of employment — Claim for unfair dismissal — Whether international organization entitled to jurisdictional immunity — Whether any rule of customary international law recognizing jurisdictional immunity of international organization in absence of binding treaty provision

Relationship of international law and municipal law — Treaties — Treaty approved by legislature — Whether treaty possessing legal effect in national law before entry into force in international law

Treaties — Entry into force — Conditions — Multilateral treaties — Requirement of ratification by legislature — Whether ratification sufficient for entry into force in domestic legal order where treaty not yet in force at international level in absence of requisite number of ratifications — Bilateral treaty — Requirement of assent by legislature — Whether absence of assent preventing enforcement of treaty in domestic legal order — Whether fact that treaty binding at international level relevant — The law of Belgium

State immunity — Immunity from attachment — Embassy bank account — Whether funds in such an account automatically covered by immunity — Limitation of immunity to funds specifically allocated for costs and expenses of embassy — Statement of foreign State that accounts exclusively serving diplomatic functions — Statement of private bank that account blocked as guarantee for payment of rent — Inference that account serving diplomatic functions

State immunity — Immunity from execution — Waiver — Requirement that waiver must be express — Whether tacit waiver ever effective — Vienna Convention on Diplomatic Relations, 1961, Article 32(2) — The law of Belgium

International organizations — United Nations — Security Council — Powers to maintain international peace and security — Security Council Resolutions — Effect in municipal law — Resolution No 687 (1991) — Imposition of levy on Iraqi petroleum exports to compensate victims of Gulf War — Whether depriving Iraq of immunity from execution

State immunity — Attachment and execution — Bank accounts — Funds allegedly allocated for diplomatic functions — Criteria for determining whether funds immune from attachment — Intended allocation of funds — Whether courts of forum entitled to investigate statements made by sending State concerning allocation of funds

Diplomatic relations — Immunity — Property — Embassy bank account — Whether enjoying automatic immunity from execution — Funds allegedly allocated for diplomatic functions — Burden of proof — Whether courts of receiving State entitled to verify nature of funds deposited by embassy — Vienna Convention on Diplomatic Relations, 1961, Article 24 — Whether rules on inviolability extending to bank accounts

Economics, trade and finance — State contracts — Liability for debts — Enforcement of judgment against foreign State — The law of Belgium

State immunity — Jurisdiction — Head of State — Criminal charges — Whether commission of genocide or other crimes against international law precluding Head of State from relying on State immunity — Statute of International Criminal Court, 1998 — Principle that immunity attaching to official capacity of person shall not bar exercise of jurisdiction — Whether taking precedence over rule of customary international law concerning jurisdictional immunity

War and armed conflict — Enforcement of international humanitarian law — Genocide Convention, 1948, Geneva Conventions, 1949 and Statute of the International Criminal Court, 1998 — Belgian Law of 1993 incorporating provisions of Conventions into domestic law — Whether presence of accused on Belgian territory required for prosecution where alleged crimes committed abroad

Jurisdiction — Universal — Genocide and other crimes against international law — Belgian Law providing for universal jurisdiction over genocide, war crimes and crimes against humanity — Whether compatible with jus cogens and reflecting contemporary international treaty practice

Relationship of municipal law and international law — Crimes against international law — Punishment of crimes by municipal courts — Whether prosecution possible in absentia where crimes were not committed on territory of State seeking to exercise jurisdiction — The law of Belgium

War and armed conflict — Enforcement of international humanitarian law — Genocide Convention, 1948, Geneva Conventions, 1949, Torture Convention, 1984, and Statute of the International Criminal Tribunal for the former Yugoslavia, 1993 — French Law of 1995 incorporating provisions of Statute of International Tribunal into domestic law — Whether presence of accused on French territory required for prosecution where alleged victims present in France

Jurisdiction — Universal — Genocide and other crimes against international law — French Law providing for universal jurisdiction only where accused present on French territory

Relationship of municipal law and international law — Crimes against international law — Punishment of crimes by municipal courts — Whether prosecution possible in absentia where crimes were not committed on territory of State seeking to exercise jurisdiction — The law of France

War and armed conflict — Enforcement of international humanitarian law — Genocide Convention, 1948, Torture Convention, 1984 and Statute of the International Criminal Tribunal for Rwanda, 1994 — French Law of 1995 incorporating provisions of Statute into domestic law — Whether permitting prosecution of crimes committed abroad where the accused is present on French territory

Jurisdiction — Universal — Genocide, torture and other crimes against international law — Whether French Law providing for universal jurisdiction where accused present on French territory — The law of France

International organizations — Immunity — Jurisdictional immunity — Employee of international organization with managerial role in information department — Contract of employment — Termination — Claim for unlawful dismissal and reinstatement — Whether international organization entitled to jurisdictional immunity — Whether examination of legality of dismissal of employee involving interference with functions of organization — European Satellite Telecommunications Organization (EUTELSAT) — Headquarters Agreement between EUTELSAT and France, 1985, Article 5 — Scope of immunity — Whether extending to staff disputes — Whether EUTELSAT engaged in ordinary commercial activities

Human rights — Right to fair hearing by independent tribunal — European Convention on Human Rights, 1950, Article 6 — Whether applicable to international organization — Whether independent internal appeals procedure adopted by international organization satisfying requirements of Convention — Whether possible violation of Convention sufficient to confer jurisdiction on municipal courts over employment dispute between international organizations and their staff — The law of France

International organizations — United Nations — Security Council — Powers to maintain international peace and security — Security Council Resolutions — Effect under municipal law — Resolution No 687 (1991) — Imposition of levy on Iraqi petroleum exports to compensate victims of Gulf War — Whether restricting sovereignty of Iraq — Whether depriving Iraq of immunity from execution

State immunity — Attachment and execution — Scope of immunity — Enforcement of judgment against funds held in foreign bank accounts at Iraqi banks — Whether foreign State entitled to invoke immunity from execution to oppose application for enforcement — Whether Iraqi banks constituting emanations of foreign State — Whether banks in practice deprived of their independence or acting in normal commercial manner

State immunity — Attachment and execution — Bank accounts — Funds allegedly allocated for sovereign functions — Criteria for determining whether funds immune from attachment

Economics, trade and finance — State contracts — Liability for debts — Enforcement of judgment against foreign State — The law of France

State immunity — Jurisdictional immunity — Claim in tort against foreign State — Claim arising out of operation of ship for military purposes — Whether constituting sovereign activity — Whether foreign State entitled to jurisdictional immunity — The law of France

State immunity — Attachment and execution — Arbitration — Award in favour of private company against foreign State — Enforceability of award — Signature by State of arbitration clause — Undertaking to comply with any award in accordance with ICC Arbitration Rules, Article 24 — Whether constituting waiver of immunity from execution — The law of France

State immunity — Attachment and execution — Arbitration — Award in favour of private company against foreign State — Enforceability of award — Signature of arbitration clause — Undertaking not to rely on any immunity from attachment — Express waiver of immunity in relation to application of any arbitral award — Whether constituting waiver of diplomatic immunity from execution

State immunity — Immunity from attachment — Embassy bank accounts — Whether funds in such an account automatically covered by immunity — Whether finding that “accounts in question indisputably allocated for functioning of mission” sufficient — The law of France

State immunity — Jurisdictional immunity — Locally recruited employee of foreign State school — Teacher — Employment dispute — Claim for national insurance benefits — Whether foreign State entitled to jurisdictional immunity — Whether failure of foreign State to affiliate employee to national insurance body constituting an ordinary act of administration not covered by immunity — The law of France

State immunity — Jurisdictional immunity — Claim in tort against foreign State — Claim arising out of accident during training with army parachute team of foreign State abroad — Whether parachute training by army personnel constituting a sovereign activity — The law of France

Human rights — Indigenous peoples — Dam construction allegedly affecting indigenous people — Nibutani Dam in Saru River system, Japan — Land acquisition — Demand for compensation for Ainu people — Project documentation made available for public inspection — Project plan summarily approved by Minister of Construction — No opposition to project authorization — Administrative rulings confiscating land ownership rights and ordering surrender

Human rights — Minorities — Inherent right of minorities to enjoy their culture — International Covenant on Civil and Political Rights, Article 27 — Interests of indigenous minorities requiring greater consideration than those of other minorities — Value of ethnic diversity to all citizens of Japan recognized

Human rights — Property — Confiscatory administrative rulings not unconstitutional — Rulings must ensure propriety of administrative procedures impacting rights and interests of citizens — Project authorizations and confiscatory administrative rulings representing a sequence taking land — Legality of antecedent project authorization affected by confiscatory administrative ruling

Environment — Dam — Balancing of public benefits with private and public detriments — Detriments including effect on culture of Ainu people — Insufficient investigation of dam’s impact on Ainu culture