International criminal law — Jurisdiction — Universal — Whether exercise of universal jurisdiction in absentia consistent with international law — Issue and international circulation of arrest warrant — Relationship between jurisdiction and immunities — Distinction between immunity from jurisdiction and impunity — War crimes — Crimes against humanity

State immunity — Jurisdictional immunities — Foreign minister — Purpose of immunities — Whether immunities of Head of State and diplomatic agents relevant to determining immunities of incumbent foreign minister — Whether incumbent foreign minister enjoying full immunity from criminal prosecution and inviolability during period of office — Whether official and private acts covered during term of office — Whether immunity remaining after person concerned has ceased to hold office — Whether exception to immunity in cases where person accused of war crimes and crimes against humanity — Issue and international circulation of arrest warrant — Whether violating immunity even if warrant not enforced

International Court of Justice — Jurisdiction — Optional Clause — Statute of the Court, Article 36(2) — Declaration accepting jurisdiction of the Court — Date at which jurisdiction to be established — Definition of a legal dispute — Existence of a legal dispute concerning arrest warrant — Whether events subsequent to act instituting proceedings depriving Court of jurisdiction

International Court of Justice — Admissibility — Date at which question of admissibility to be determined — Effect of events which occurred after the filing of Application — Whether dispute transformed into one of a radically different character — Whether adjudication would seriously jeopardize principle of procedural fairness and administration of justice — Whether Application deprived of object — Whether request for provisional measures deprived of object

International Court of Justice — Procedure — Claim in Application instituting proceedings not made in final submissions — Effect of non ultra petita rule — Whether Court permitted to rule on withdrawn claim in operative part of Judgment — Whether Court permitted to consider elements of withdrawn claim in reaching decision

International Court of Justice — Provisional measures of protection — Requirement of prima facie jurisdiction — Object of provisional measures — Preservation of respective rights of the Parties pending decision on the merits — Criteria for indication of provisional measures — Risk of irreparable prejudice to rights — Urgency — Whether provisional measures required in circumstances of case

International criminal law — War crimes — Crimes against humanity — Individual criminal responsibility — Statute of the Special Court for Sierra Leone, Articles 1, 2, 3, 4 and 6

International criminal law — Indictment of incumbent Head of State — International circulation of arrest warrant — Whether sovereignty of Ghana violated by transmission of arrest warrant

State immunity — Jurisdictional immunities — Head of State — Whether incumbent Head of State immune from prosecution by Special Court for Sierra Leone — Statute of the Special Court for Sierra Leone, Article 6(2) — Whether Article 6(2) of Statute in conflict with peremptory norm of international law

International tribunals — Special Court for Sierra Leone — Legal basis for establishment of Special Court — Whether Special Court part of judicial system of Sierra Leone — Consideration of treaty establishing Special Court — Consideration of role of Security Council — Whether absence of Chapter VII powers in the Special Court bears upon characterization of Special Court

International tribunals — Special Court for Sierra Leone — Procedure — Rules of Procedure and Evidence, Rules 72 and 73 — Motion to quash indictment and set aside arrest warrant — Whether claim of immunity raises issue of jurisdiction — Consideration of rules requiring accused to submit to jurisdiction before bringing preliminary motion — Discretionary exception to application of rules where accused is incumbent Head of State — Exercise of inherent power and discretion of Appeals Chamber

International tribunals — International Tribunal for the Law of the Sea — Applicable law — United Nations Convention on the Law of the Sea, 1982 — Guinea-Bissau and Saint Vincent and the Grenadines both States Parties to Convention — Saint Vincent and the Grenadines instituting proceedings under Article 292 of Convention — Jurisdiction and admissibility — Relationship between International Tribunal and domestic courts and administration — Decision of the International Tribunal under Article 292

International tribunals — Application for prompt release under Article 292 of the Convention — Rules of Procedure and Evidence — Rule 111(4) of Rules of Procedure — Implications for principle of equality of opportunity for parties — Rule 111 (4) of Rules — Whether failure to file a Statement in Response placing detaining State in a position of unfair advantage

Sea — Exclusive Economic Zone (“EEZ”) — Arrest of vessel — United Nations Convention on the Law of the Sea, 1982 — Articles 73 and 292 of Convention — Procedures for ensuring prompt release of vessels and crew — Declaration accepting jurisdiction of Court

Jurisdiction — Coastal State jurisdiction — Exercise of sovereign rights of coastal State — Juno Trader flying flag of Saint Vincent and the Grenadines — Allegation of illegal fishing in EEZ of Guinea-Bissau — Seizure of vessel, fish and equipment — Bond for release of vessel set by order of Ministerial Maritime Control Commission of Guinea-Bissau — Order suspended pending final decision by Regional Court of Bissau — Saint Vincent and the Grenadines contesting legality of the bond

Treaties — Interpretation and application — United Nations Convention on the Law of the Sea, 1982 — Article 73 (2), (3) and (4) — Meaning of expression “reasonable bond or other financial security” in Article 292 — Whether bond set for release of vessel reasonable — Consideration by International Tribunal of level and elements of bond — Consideration by International Tribunal of facts and circumstances of case — Valuation of vessel — Assessment of gravity of alleged offences — Whether international concern over illegal fishing relevant to assessment of gravity and to level of bond — Whether value of seized catch and fishing gear forming part of the bond — Determination of reasonable bond by International Tribunal — Arrangements for posting of bond

Claims — Investor claims under North American Free Trade Agreement (“NAFTA”) — Nationality — Whether continuous nationality of claimant required — Language of NAFTA not dispositive — Issue to be decided in accordance with applicable rules of international law — Continuous nationality to date of award required

Economics, trade and finance — Foreign investment — Standards of treatment — International law minimum standard — Fair and equitable treatment — NAFTA Article 1105 — Whether differing from standards of international law — Whether judicial acts capable of breaching standard — Conduct of trial — Whether bad faith required — Requirement of finality — Whether implying duty to exhaust domestic remedies

Claims — Local remedies rule — Nature and application — Whether applicable to claims under NAFTA Chapter 11 — Effective and available remedies

Economics, trade and finance — Foreign investment — NAFTA Article 1101 — Measures adopted or maintained by a Party — Whether State conduct inducing private settlement agreement included — Article 1105 — Meaning of obligations to provide “fair and equitable treatment” and “full protection and security” — Whether free-standing obligations or obligations under customary international law — Whether bad faith and malicious intention required — Whether conduct of trial was so flawed that it constituted a manifest injustice and breach of minimum standards prescribed in NAFTA and international law — Gross failure of trial judge to afford due process breached minimum standards — NAFTA Article 1102 — Discrimination against foreign investors — Example of “most favourable treatment accorded in like circumstances” required — No example available to Tribunal — Breach not demonstrated

Jurisdiction — Failure to exhaust domestic remedies — Distinguished from waiver of domestic proceedings — Requirement to exhaust local remedies applicable to NAFTA — Remedies available to claimants not exhausted

Expropriation — NAFTA Article 1110 — Judicial act — Claimant required to establish denial of justice under NAFTA Article 1105 — Claimant unable to establish breach of Article 1105

Arbitration — Jurisdiction of Tribunal — Procedure — Reconsideration of award — Appointment of arbitrators

Arbitration — International maritime boundary award — Dispute regarding boundary line dividing offshore areas of two Canadian Provinces — Oil, gas and mineral rights on continental shelf — Accord Acts — Dispute settlement provisions — Terms of Reference — Canadian Provinces to be treated as States for purposes of arbitration — Arbitration in two stages — Phase One to determine whether boundary line resolved by agreement — 1964 Joint Statement — 1972 Communiqué — Subsequent practice of Parties — Relevance — Phase Two to determine line in absence of agreement — Applicable law

Sea — Delimitation of maritime boundaries between Parties — Continental shelf — Delimitation of continental shelf beyond 200 nautical mile limit to outer edge of continental margin — Method of delimitation — Practical method — Equitable result — Geographical context — Governing law — Whether fourth Geneva Convention on the Continental Shelf, 1958 applicable — Article 6 of Geneva Convention — Provisional strict equidistance line — Whether requiring adjustment — Conduct of Parties — Relevant geographical circumstances — Whether proportionality test relevant

Treaties — Geneva Convention on the Continental Shelf, 1958, Article 6 — United Nations Convention on the Law of the Sea, 1982, Article 83(1) and (4) — Customary international law — Law governing maritime delimitation — Unity — Flexibility

International organizations — Immunity — Immunity from jurisdiction — African Development Bank — Scope of immunity — Whether absolute or limited — Khartoum Agreement, 1963, Article 50 — Object of immunity to enable Bank to achieve its purpose and perform its functions — Whether limiting scope of immunity — The law of Belgium

Human rights — Freedom from torture — Nature of prohibition of torture — Whether a rule of jus cogens — Consequences — Remedies for torture — Whether State entitled to claim State immunity when sued for torture — Whether other States required to provide remedy for acts of torture committed outside their territory — Convention against Torture, 1984, Article 14(1) — International Covenant on Civil and Political Rights, 1966, Article 14 — Balance to be struck between prohibition of torture and State sovereignty

Relationship of international law and municipal law — Customary international law — Part of Canadian common law — Treaties — Effect in Canadian law of treaty not implemented by legislation — International law principles and values as aid to construction of legislation — Expert evidence on international law — Admissibility — Value

State immunity — Jurisdictional immunity — Exceptions to immunity — Penal proceedings — Commercial activity — Torts occasioning personal or bodily injury — Whether exception to immunity for non-commercial torts extends to torture committed by defendant State in its own territory — Whether there is an exception to immunity for violations of jus cogens — Canada State Immunity Act 1982

Treaties — Interpretation — Relevance of subsequent practice — Convention against Torture, 1984 — Practice of States Parties — Reports to Committee against Torture — Response to declaration by United States of America — The law of Canada

Arbitration — Challenge — Arbitration tribunal constituted under North American Free Trade Agreement (NAFTA), Chapter 11 — Arbitral award — Canadian court dismissing Mexico’s application to set aside arbitral award — Mexico appealing decision — Proceedings in Canadian courts

Arbitration — Disclosure of confidential information — Adverse inference from failure to provide information — Article 34 of UNCITRAL Model Law — NAFTA Article 2105

Relationship of international law and municipal law — Application for judicial review of arbitral award — Annulment of award by national court — Article 34 of UNCITRAL Model Law — Jurisdiction to apply provisions not raised during arbitral proceedings — NAFTA Article 210 — Deference to arbitral award — International commercial arbitrators — Review of findings of fact — Article 34(2) and (3) of UNCITRAL Model Law — ICSID Article 53 — Breach of public policy — Article 34(2)(b)(ii) of UNCITRAL Model Law

Economics, trade and finance — Investment protection — NAFTA — Chapter 11 — National treatment — Non-discrimination — NAFTA Article 1102 — Less favourable treatment to investors — The law of Canada

State succession — Identity and continuity of States — Whether international law lays down any procedure for determining the existence of successor States — Whether Federal Republic of Yugoslavia constituting a continuation of Socialist Federal Republic of Yugoslavia — Claim not accepted by international community and opposed by other former Republics of Socialist Federal Republic of Yugoslavia

State immunity — Immunity from jurisdiction and execution — Foreign States — Funds belonging to State which has disappeared — Funds subject to dispute between States claiming succession — Whether such funds capable of being covered by immunity — The law of France

State immunity — Attachment and execution — Property of foreign State — Premises owned by foreign State and used by diplomatic staff — Whether immune from execution — Relevance of fact that premises in the process of being sold — Test of whether or not the ability of mission to function would be impaired if forced sale of premises permitted — Whether sending State can be required to provide details of use of premises — Whether assurance from ambassador that premises in use for diplomatic functions sufficient

Diplomatic relations — Immunity — Property of foreign State in use by diplomatic staff — Whether subject to execution in receiving State — The law of the Federal Republic of Germany

International organizations — Immunity — Jurisdictional immunity — National of receiving State employed by international organization — 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 would involve interference with public functions of international organization — Multinational Force and Observers (MFO) established under Egypt — Israel Peace Treaty, 1979 — Legal status of MFO — Whether entitled to jurisdictional immunity — MFO — Italy Headquarters Agreement, 1982 — Article 8 — Provision for immunity from jurisdiction of receiving State in absence of waiver — Whether express waiver required — Relevance of provision for settlement of employment disputes by arbitration — The law of Italy

State immunity — Jurisdiction — United States forces stationed in Italy under NATO Treaty, 1949 — Low-flying military training flights — Whether constituting sovereign activity — Proceedings brought before national courts to restrict such flights on safety and human rights grounds following accidents involving loss of life — Whether United States entitled to jurisdictional immunity — Potential conflict between human rights protection and rule of jurisdictional immunity excluding recourse to courts — Immunity for acts performed jure imperii

Relationship of international law and municipal law — Customary international law — Jurisdictional immunity of foreign States for acts performed jure imperii — Whether constituting rule of customary international law automatically incorporated into municipal law — Italian Constitution, Article 10 — Whether such rule taking precedence over right to effective remedy before national courts — The law of Italy

Relationship of international law and municipal law — Act of State and justiciability — NATO bombardment of Serbian Television building in Belgrade — Use of bases in Italy by aircraft involved in bombardment — Whether action of Italian Government in allowing use of bases justiciable

War and armed conflict — Conduct of military operations in war — Aerial bombardment of civilian target — Whether choice of method of conducting hostilities justiciable

States — Conduct of foreign relations — Choice of method of conducting hostilities in war — Whether subject to judicial review

Treaties — Individual rights — International humanitarian law — Rules intended to secure protection of civilians from armed attack — Whether creating rights for individuals to claim compensation for breaches — First Additional Protocol to Geneva Conventions, 1977

Jurisdiction — Visiting forces — Civil claim for damages arising from acts of NATO forces — NATO Status of Forces Agreement, 1951 — Article VIII(5) — Whether right of action against receiving State dependent upon prior characterization of act in question as unlawful — The law of Italy

State immunity — Jurisdictional immunity — Claim by individual against foreign State for personal injury — Deportation to forced labour by German occupying forces during Second World War — Violation of rules of jus cogens — Whether grave violations of human rights precluding reliance on State immunity under customary international law — European Convention on State Immunity, 1972, Articles 11 and 31 — Whether entitlement to rely on immunity preserved for acts of armed forces — Whether commission of grave violations of human rights automatically implying waiver of immunity by State

International criminal law — War crimes — Deportation to forced labour — Article 6(b) of Charter and Judgment of Nuremberg International Military Tribunal — Provisions of Hague Convention, 1907, and Geneva Convention, 1929 — Whether recognized as declaratory of customary international law prior to outbreak of Second World War — Categorization of deportation to forced labour as international crime — Confirmation in Statutes of International Criminal Tribunals for Former Yugoslavia and Rwanda and Statute of International Criminal Court, 1998

Relationship of international law and municipal law — Crimes against international law — Customary international law — Jurisdictional immunity of foreign States for acts performed jure imperii — International crimes involving serious violations of fundamental human rights — Claims for damages by individuals for loss and injury arising from commission of such crimes — Whether States entitled to rely on immunity — Practice of national and international tribunals — Whether conclusive — Whether fact that acts performed jure imperii relevant — Whether priority now accorded to protection of fundamental rights of individuals over right of States to jurisdictional immunity — Whether any parallel between functional immunity of State organs and immunity of States

War and armed conflict — Conduct of military operations — Whether choice of method of conducting hostilities justiciable — Whether non-justiciability preventing examination of possible commission of war crimes against individuals — The law of Italy

State immunity — Jurisdictional immunity — Tort — Alleged failure by foreign State to provide medical insurance for consular employee — Whether constituting a tortious omission — Whether foreign State entitled to sovereign immunity from jurisdiction — Distinction between acts performed jure imperii and jure gestionis — The law of the Netherlands

State immunity — Jurisdictional immunity — Claim against State for slander by one of its officials — Claim brought before courts of another State forming part of same constitutional union — Whether defendant State entitled to jurisdictional immunity — Status of constituent parts of the Kingdom of the Netherlands — The law of the Netherlands

State immunity — Jurisdictional immunity — Locally recruited foreign national employed as secretary by mission of foreign State — Contract of employment — Claim for wrongful dismissal — Whether foreign State entitled to jurisdictional immunity — Employee neither national of nor permanently resident in receiving State — Whether dismissal of such an employee covered by immunity — Draft international provisions on the matter — Whether reflecting current position under customary international law — The law of the Netherlands

State immunity — Immunity from attachment — Embassy bank account — Whether funds in use for performance of sovereign functions of foreign State — Funds intended for maintaining and running embassy — Statement to this effect by foreign State — Whether further enquiry into intended use of funds constituting unreasonable interference in diplomatic mission — The law of the Netherlands

War and armed conflict — War crimes — Individual criminal responsibility — Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War, 1949 — Civilian population — Serbia — War in Kosovo

Human rights — Universal Declaration of Human Rights, 1948 — International Covenant on Civil and Political Rights, 1966 — Right to life — Whether right to life violated — The law of Serbia