Human rights — Nature and scope of human rights treaties — European Convention on Human Rights, 1950 — Article 1 — Duty of parties to secure the rights and freedoms under the Convention to persons within their jurisdiction — Extent of jurisdiction — Persons outside the territory of a Contracting State — Whether within its jurisdiction — Jurisdiction essentially territorial and extraterritorial applications requiring special justification — Whether British soldiers on military service in Iraq within jurisdiction of United Kingdom — Whether Human Rights Act 1998 applicable — Whether British soldiers entitled to rely on Article 2 of European Convention — Whether inquest into death of British soldier having to satisfy procedural requirements of Article 2 of European Convention

Jurisdiction — Concept of jurisdiction in international law — Jurisdiction primarily territorial — Circumstances in which jurisdiction of State extending beyond its borders — Effective control over area — Jurisdiction on basis of exercisable authority over individual — European Convention on Human Rights, 1950 — Article 1 — British soldiers on military service in Iraq — Whether within jurisdiction of United Kingdom for purposes of Article 1 of European Convention — Domestic jurisprudence — Strasbourg jurisprudence

Treaties — Interpretation — Vienna Convention on the Law of Treaties, 1969 — Applicability to interpretation of European Convention on Human Rights, 1950 — Scope of European Convention — Meaning of phrase “within their jurisdiction” in Article 1 of European Convention — Travaux préparatoires — Whether Article 1 of European Convention to be interpreted as “living instrument” — Ratification of European Convention by United Kingdom — United Kingdom’s obligations towards armed forces abroad — Whether British soldiers operating in Iraq entitled to rely on Article 2 of European Convention

Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Human Rights Act 1998 giving domestic effect to European Convention — Section 6(1) of Act — Whether Act applicable — Article 2 of European Convention scheduled to Act — Whether British soldiers operating in Iraq entitled to rely on Article 2 of European Convention — Purpose of Act — Jurisdictional scope of Act — Jurisdictional scope of European Convention — Whether inquest having to satisfy procedural requirements of alleged breach of Article 2 of European Convention

War and armed conflict — Invasion of Iraq — United Kingdom forces in Iraq — Legal position — Consent of territorial sovereign — Coalition Provisional Authority — Occupation — Belligerent occupation — Effective control of territory — Relationship between United Kingdom and its armed forces — Territorial jurisdiction — Personal jurisdiction — Whether British soldiers serving in Iraq within jurisdiction of United Kingdom at all times for purposes of Article 1 of European Convention on Human Rights, 1950 — Whether United Kingdom owing Article 2 obligations to its soldiers serving overseas

Human rights — Right to life — European Convention on Human Rights, 1950 — Article 2 — Whether inquest having to satisfy procedural requirements of Article 2 — Whether systemic failure on part of State — Scope of investigation — Whether State having responsibility to carry out effective investigation into death of British soldier — Whether death of every British soldier on active service requiring Article 2 investigation — The law of England

State succession — Colonies — Independence — Kenya — Kenya becoming independent in December 1963 — Creation of new independent State — Responsibility of United Kingdom Government — Rules of constitutional theory — Succession in respect of tortious liabilities of Colonial Government — Whether United Kingdom Government or independent Kenya succeeding to liability — Claims for torture of detainees during the colonial period

Relationship of international law and municipal law — Customary international law — Principles on State succession — State practice — Customary international law source of English common law — Doctrine of incorporation — International law rules incorporated automatically if not conflicting with United Kingdom statute — Kenya Independence Act 1963 — Liabilities of Colonial Government — Whether transferring to United Kingdom Government by common law upon Kenya’s independence — Domestic English law of limitation — Limitation Act 1980 — Section 33 considerations — European Convention on Human Rights obligations — Public international law principles — Relevance — Justice of case against accepted international legal norms

Human rights — Prohibition of torture — English law regarding torture with revulsion — Refusal to admit evidence obtained by torture — United Kingdom Government having means to prevent torture — Claimants alleging negligence in failing to prevent torture — Whether issue triable — Limitation Act 1980 — Considerations under Section 33 — Duty of State under Article 3 of the European Convention on Human Rights, 1950 to investigate allegations of torture — Public international law with regard to torture — Relevance under Limitation Act 1980

Human rights — Fair trial — Whether possible after delay — Section 33 of Limitation Act 1980 — Discretionary exclusion of time limit for actions in respect of personal injuries or death — Whether claimants persuading Court to exercise its discretion — Considerations under Section 33 — Retrospective application of Convention obligations — Duty of State under Article 3 of European Convention to investigate allegations of torture — Public international law with regard to torture — Relevance — The law of England

Sea — Piracy — Definition — United Nations Convention on the Law of the Sea, 1982, Article 101 — Geneva Convention on the High Seas, 1958, Article 15 — International Maritime Organization’s International Regulations for Preventing Collisions at Sea 1972 — Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 1988 — Use of violence for private ends a requirement of piracy — Meaning — Whether private ends confined to financial gain — Whether violence confined to attacks against people — Environmentalist protests against whaling — Disruption of whaling fleet

Comity — Respect for judgments of foreign courts — Injunction granted by Australian court regarding whaling in the Antarctic — Whether comity requiring United States court to support injunction — United States not recognizing Australian claims in Antarctic

Territory — Antarctic — Australian claim to maritime territory in Antarctic — Australian Whaling Sanctuary in Antarctic — Claims not recognized by United States — The law of the United States