War and neutrality — War in general — Enforcement of the laws of war — Punishment of war crimes and crimes against humanity — London Charter of International Military Tribunal, 1945, Article 6 (b) and (c) — Crimes against humanity — Definition — Dutch Decree establishing Extraordinary Penal Provisions 1943–71 — Dutch national accused of voluntarily participating in commission of war crimes by German SS in Poland

Jurisdiction — Personal — Over nationals for crimes committed abroad — Whether nationality of accused at time of commission of offences decisive — Statutory limitation of prosecution — Whether applicable — Relevance of possible illegalities in extradition procedure — The principle ne bis in idem

Human rights — Renewed criminal proceedings — Whether barred by ministerial undertaking to desist from prosecution given 24 years earlier — Due process — European Convention on Human Rights, 1950 — Article 6(1) — Right to hearing within a reasonable time “in determination of any criminal charge” — Right to independent and impartial tribunal — Relevance of possibility that judicial decisions might be influenced by Government report — Purpose of punishment — Whether length of time since offence committed relevant in determining appropriate sentence — Advanced age and fragile health of accused — Whether sentence to 10 years' imprisonment violates Article 3 of Convention — The law of the Netherlands

Expropriation — Judicial decision affecting property rights — Regulation of the rights of joint owners inter se — Whether capable of amounting to unlawful deprivation of property — Contract for joint exploitation of oil concession in Libya — Concession nationalized by Libya — Whether contract frustrated — Award of sum as restitution between parties to the contract by English court — English legislation on frustrated contracts — Party to which sum awarded partly owned by United Kingdom Government

State responsibility — For judicial decisions — Denial of justice — Whether decision that court has jurisdiction capable of amounting to a denial of justice — Local remedies rule — Failure to appeal

Human rights — Property rights — Right to a fair trial — Whether assertion of jurisdiction capable of infringing human rights — Whether award of sum of money under frustrated contracts legislation contravenes right to a fair trial — European Convention on Human Rights, 1950

Damages — Expropriation and interference with property — Criteria for assessment of damage — Pecuniary and non-pecuniary loss — Property subject to expropriation permit — Permit in force for long period but property not actually expropriated — No loss of income from property — No long term reduction in market value — Losses incurred while permits in force — Equitable basis for assessment of compensation — European Convention on Human Rights, 1950, Article 50

Expropriation — Compensation — Method of calculation — Equitable basis of assessment

Human rights — Enforcement — Compensation for violation causing pecuniary or non-pecuniary loss — Right to a fair trial — Right to peaceful enjoyment of property

International tribunals — Costs — Criteria for award of costs to successful party — Whether costs reasonably incurred — European Convention on Human Rights

Expropriation — Public interest — Whether compulsory transfer of property from one individual to another can be in the public interest — Whether in pursuance of legitimate social objective — Residential property let on long lease — Tenant given right of enfranchisement — Landlord required to sell to tenant exercising right of enfranchisement — Price fixed by law below commercial price — United Kingdom Leasehold Reform Act 1967 and subsequent amendments — Compensation in the event of expropriation — Article 1 of Protocol No. 1 to the European Convention on Human Rights, 1950 — Whether embodying right to compensation for owners of expropriated property — Reference to general principles of international law — Whether including international law measure of compensation — Whether requiring same measure of compensation for nationals as well as non-nationals — Discrimination — Whether different treatment of nationals and non-nationals objectively justified

Human rights — Property rights — Compulsory transfer of property from one individual to another — Whether violating Article 1 of Protocol No. 1 to the European Convention on Human Rights, 1950 — Scope of right to peaceful enjoyment of possessions — Discrimination — Article 14 of European Convention — Whether differences in treatment objectively justified — Right to a hearing — Article 6(1) — Scope — Whether including right to challenge legislation — Enforcement — Article 13 — Duty of State to provide national remedy — Whether requiring State to incorporate Convention into national law — Whether requiring State to provide procedure whereby legislation can be challenged on grounds of incompatibility with Convention

International tribunals — Procedure — European Court of Human Rights — Applicant raising question not raised before European Commission of Human Rights — Whether within jurisdiction of Court

Treaties — Interpretation — Travaux préparatoires — Use to confirm interpretation arrived at by examination of text — Human rights treaties — General techniques of interpretation — The European Court of Human Rights

Expropriation — Compensation — European Convention on Human Rights, 1950 — Article 1 of Protocol No. 1 — Requirement that taking of property be in the public interest — Whether importing duty to pay compensation — Duty to maintain reasonable balance between public interest and the rights of the individual — Implied duty to pay compensation for expropriated property — Measure of compensation — International law standard of compensation — Whether incorporated in Article 1 — Whether international law standard applicable to the taking by a State of the property of its own nationals — Whether State entitled to pay compensation at less than the full market value for property taken from nationals — Valuation of property — Margin of appreciation of expropriating State — Court’s role limited to determining whether that margin has been exceeded — Nationalization of shares in aircraft and shipbuilding companies — Valuation based upon value of shares during reference period rather than value of companies’ assets — Reference period ending more than three years before nationalization took effect — No allowance made for changes in value or inflation during the intervening period — Whether unfair — United Kingdom Aircraft and Shipbuilding Industries Act 1977

Human rights — Property rights — Right to peaceful enjoyment of possessions — Right not to be deprived of property except in the public interest — Whether duty to pay compensation in cases of deprivation of property — Discrimination — Scope of prohibition — Differentiation based upon objective and reasonable grounds not discriminatory — Alleged discrimination in compensation arrangements between owners of different assets nationalized or compulsorily acquired — Right to a hearing — Scope and extent — Whether extending to right to challenge validity of legislation in courts — Whether requirement that disputes be settled by arbitration tribunal an unreasonable denial of right of access to courts — Whether tribunal impartial, independent and efficient — Requirement that shareholders in nationalized company act collectively through stockholders’ representative — Whether a violation of individual’s right to a hearing — Enforcement of human rights — Right to a remedy under national law — Abuse of rights — European Convention on Human Rights, 1950, Articles 6, 13, 14, 17 and 18 — Protocol No. 1, Article 1

Treaties — International — Ordinary meaning of words — Travaux préparatoires — Subsequent practice — European Convention on Human Rights, 1950

Human rights — Respect for home and family life — European Convention on Human Rights, 1950, Article 8 — Right of owner of house to occupy as resident — State control of housing — Guernsey — Housing Law restricting right of residence to persons having a strong association with Guernsey — Ownership of house on Guernsey not necessarily sufficient grounds for obtaining residence licence — Whether Housing Law an interference with right to respect for home — Whether interference necessary in a democratic society — Application of Law in particular case — Married couple refused residence licence to occupy house which they had owned for twenty years — Couple previously enjoying right of residence — Right removed by change in law — Couple refused licence to return to live in Guernsey after period of employment abroad — Property rights — Protocol No. 1, Article 1 — Whether Housing Law involved a deprivation of property — Whether an unreasonable interference with right of peaceful enjoyment of possessions — Access to court and fair hearing — Whether requirement that appeal be lodged by a lawyer an interference with right of access to a court — Refusal of residence licence while appeal pending — Impartiality of tribunal — European Convention on Human Rights, Article 6 — Discrimination — Preference to persons having a strong association with Guernsey — Whether reasonable — Article 14

Expropriation — Taking — Whether restriction on right to occupy house irrespective of ownership a deprivation of property — Whether an unreasonable interference with enjoyment of possessions — Public interest

States — Dependent territories — Guernsey — Application of European Convention on Human Rights, 1950, and Protocols — Protocol No. 1 applicable to dependent territories only if State responsible for their international relations has made an express declaration to that effect — No such declaration made with regard to Guernsey

International tribunals — European Court of Human Rights — Procedure — Question raised after close of oral proceedings — State notifying Court that Protocol No. 1 had not been declared applicable to dependent territory whose conduct was in issue — Court required to investigate matter proprio motu — Uncontested allegation — Duty of Court to pronounce thereon

Expropriation — Compensation — Measure of compensation — “Prompt, adequate and effective” formula — Whether required by modern international law — Whether amount of compensation may be discounted in cases of large-scale nationalization — Small investment made shortly before nationalization — Whether full compensation should be paid — Valuation of expropriated property — Willing buyer and willing seller basis — Iran-United States Treaty of Amity, 1955 — Requirement of full compensation — Whether constituting lex specialis

Damages — Measure of damages — Expropriation of shareholding — Valuation of shares — Currency of payment — Date at which amount of award to be converted into currency of payment — Interest — Reasonable rate of interest

Sources of international law — Resolutions of United Nations General Assembly — Declaration of Permanent Sovereignty over Natural Resources — Later resolutions regarding nationalization of property — Whether indicative of current trends in international law — Judicial decisions — Decisions regarding measure of compensation for nationalized property — Value as sources of law

Treaties — Conclusion and operation — Iran-United States Treaty of Amity, 1955 — Whether applicable to nationalization programme conducted after Iranian revolution — Whether application of Treaty within the jurisdiction of the Iran-United States Claims Tribunal

International Tribunals — Jurisdiction — Iran-United States Claims Tribunal — Whether possessing jurisdiction to interpret and apply Iran-United States Treaty of Amity, 1955 — Costs — Principles on which costs awarded where claimant succeeds only in part — The law and practice of the Iran-United States Claims Tribunal

States — Recognition — Recognition issue before domestic courts — “Republic of Ciskei” — South African legislation providing that Ciskei an independent State — Ciskei not recognized as independent by the United Kingdom — Whether Government of Ciskei or its servants may become parties to proceedings before the English courts — Whether Ciskei still a part of South Africa — Whether Government of Ciskei can be regarded as a local authority operating within South Africa and thus be permitted to appear before the English courts

Governments — Recognition — United Kingdom policy of not granting or withholding recognition of governments — 1980 policy statement — Government of Ciskei — Executive certificate that Ciskei not recognized as an independent State — Whether expressing a view about entitlement to exercise governmental authority in Ciskei — Role of the court under new United Kingdom policy regarding recognition of governments — Standing of Government of Ciskei before the English courts

Relationship of international law and municipal law — Executive statements — Recognition of States and governments — Interpretation of executive statement by courts — Rule that executive and courts should speak with one voice — Recognition of foreign laws — Extent to which effect should be given to South African legislation regarding Ciskei — Whether English courts required to disregard entire legislation or merely that part purporting to create an independent State — The law of England

Expropriation — Public interest — Extent of State’s right to nationalize — Property of nationals — Requirement of public necessity — Discrimination — Measures directed against particular companies — Requirement of equality of treatment — Extraterritorial effect — Nationalization of companies with their seats in the nationalizing State — Effect on assets situated abroad — Compensation — Requirement of just and prior compensation — Principles of assessment — Valuation of expropriated property — Valuation based partly on value of shares during reference period and partly on companies’ assets and profits — Appropriate length of reference period — Whether adjustment should be made to take account of changes after the end of the reference period — Allowance for inflation — Differences in the treatment of shares in quoted and unquoted companies — Nationalization of major French banks, 1981–2 — Whether compatible with French Constitution — The law of France