Environment — Transboundary pollution — Rivers — River constituting international boundary — River Uruguay — Regime for balancing economic development with protection of riverine environment — Boundary treaty between Argentina and Uruguay concluded in 1961 — Statute of the River Uruguay, 1975 — Procedural and substantive obligations — Proof of breach of substantive obligations — Evidence of effect of discharges upon water quality

Environment — General principles of international environmental law — Principle of prevention — Precautionary principle — Requirement to conduct environmental impact assessment — Scope and conduct of environmental impact assessment

International Court of Justice — Provisional measures of protection — Criteria — Requirement that measures must be urgently needed to protect rights which might form subject of judgment — Request for provisional measures by Respondent — Whether appropriate to order Applicant to prevent blockade of bridge by private citizens — Measures calling upon Parties to abstain from conduct likely to aggravate or extend dispute

International Court of Justice — Evidence — Burden of proof — Standard of proof — Scientific evidence — Power of Court to appoint expert — Power of Court to make own inquiry into facts — Expert evidence — Experts appearing as counsel — Whether evidence sufficient to establish harmful environmental effects — Appraisal of scientific evidence by Court

International organizations — Administrative Commission of the River Uruguay (CARU) — Legal personality — Nature and role of CARU — Whether more than a framework for discussions between States Parties — Regulatory role

Rivers — Pollution — River Uruguay — Regime for balancing economic development with protection of riverine environment — Boundary treaty between Argentina and Uruguay concluded in 1961 — Statute of the River Uruguay, 1975 — Protection of water quality and environment

Treaties — Interpretation and application — Treaty on environmental protection — Interlocking nature of obligations — Procedural and substantive obligations

State immunity — Separate entities — Agency or instrumentality of government — Foreign States Immunities Act 1985 (Cth) — Whether Garuda Indonesia, Malaysian Airlines and Malaysian Airlines Cargo “separate entities” within meaning of Foreign States Immunities Act 1985 (Cth) — Jurisdictional immunity — Commercial acts — Alleged airline cartel — Whether proceedings for alleged breach of Trade Practices Act 1974 (Cth) within “commercial exception” in Foreign States Immunities Act 1985 (Cth) — The law of Australia

Human rights — Right to personal liberty — Prohibition of torture and inhuman or degrading treatment — Definition of torture — Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984, Article 1 — Right to hearing within reasonable time — Right to freedom of conscience — Right to freedom of expression — Right to freedom of assembly and association — Right to protection from discrimination — Whether infringement of plaintiffs’ fundamental rights and freedoms — Whether justification for limitation of plaintiffs’ rights under Section 70 of Constitution — Whether threat to public security or public interest — Whether appropriate to refer plaintiffs’ claims to Truth, Justice and Reconciliation Commission — Whether Kenya violating Constitution — Constitution of Kenya, Sections 70, 72, 74, 77, 78, 79, 80 and 82 — Whether declaratory relief and damages appropriate

Relationship of international law and municipal law — Treaties — Ratification — Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 — Definition of torture in Article 1 of Convention — International Covenant on Civil and Political Rights, 1966 — African Charter on Human and Peoples’ Rights, 1981 — Constitution of Kenya — Interpretation — Invocation of spirit of international instruments in Kenyan laws — Universal Declaration of Human Rights, 1948 — The law of Kenya

Relationship of international law and municipal law — Treaties — International Labour Organization Conventions Nos 87 and 98 — Constitution of Nigeria, Section 12(1) — Whether ILO Conventions incorporated into Nigerian law — Whether ILO Conventions having force of law in Nigeria — African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act 1990, Article 10 — Whether provisions in other Nigerian laws relevant — Interpretation of Section 12(1) of Constitution

Human rights — Right to peaceful assembly and association — International Labour Organization Conventions Nos 87 and 98 — Relevance — Constitution of Nigeria, Section 40 — Trade Unions Act 1990, Section 3(2) — Refusal to register National Association of Community Health Practitioners of Nigeria as trade union — Whether unconstitutional — The law of Nigeria

Sea — High seas — Piracy — Somali nationals charged with offences of piracy and attempting to commit piracy — Sections 65 and 377 of Seychelles Penal Code — Whether offence of piracy under Section 65(4)(a) of Penal Code — Whether acts of violence, depredation or detention directed against the Draco — Whether offence of attempting to commit piracy under Section 65(3) read with Sections 23 and 377 of Penal Code — Whether vessels pirate ships as defined by Section 65(5) of Penal Code — Whether evidence of common intention as required by Section 23 of Penal Code — Whether evidence satisfying elements of Section 377 of Penal Code — Whether offence of piracy under Section 65(4)(b) of Penal Code — Whether act of voluntary participation in operation of a ship with knowledge of facts making it a pirate ship — Whether offences proved beyond reasonable doubt — Draco flying flag of Seychelles — Whether accused guilty of piracy offences — Seychelles Penal Code

Jurisdiction — Universal jurisdiction — Piracy — Pirate enemy of all mankind — Hostishumani generis — Pirate committing crime on high seas — Pirate placing himself beyond protection of any State — Whether accused guilty of piracy offences — Seychelles Penal Code

Relationship of international law and municipal law — International law principles — Universal jurisdiction — United Nations Convention on the Law of the Sea, 1982 — Seychelles Penal Code, Section 65 as amended in 2010 — Whether accused guilty of piracy offences — The law of the Seychelles

States — Federal States — Constituent territories — United States of America — Whether States of the Union are sovereign — Whether entitled to State immunity — Whether governmental acts enforceable in foreign State — Commonwealth of Kentucky

State immunity — Jurisdictional immunity — Entitlement to immunity — Federal States — Whether constituent territory of federal State entitled to State immunity — Whether exercising sovereign authority — State Immunity Act 1978 — Service of process upon constituent territory — The law of England

State immunity — Head of State — Constituent territory of federal State — Ruler of constituent territory — Whether entitled to immunities and privileges of Head of State — Exemption from immigration control — Certificate from Foreign and Commonwealth Office — State Immunity Act 1978

Recognition — States — Governments — Head of State — Claim by ruler of constituent territory of federal State to privileges and immunities of Head of State — Whether territory recognized as a State

Relationship of international law and municipal law — Recognition of States and Head of State — Role of Executive and courts — Whether certificate from Executive conclusive — The law of England

Diplomatic relations — Privileges and immunities — Scope — Vienna Convention on Diplomatic Relations, 1961 — Article 39(2) — Former diplomat — Residual diplomatic immunity — Immunity continuing to subsist in respect of acts performed in exercise of functions as member of mission — Claims of domestic servant — Whether claims arising out of exercise of functions as member of mission — Whether domestic duties benefiting diplomatic functions — Whether diplomatic immunity applicable

Jurisdiction — Immunity — Diplomatic immunity — Vienna Convention on Diplomatic Relations, 1961 — Article 39(2) — Former diplomat — Residual diplomatic immunity — Claims of domestic servant — Whether claims arising out of exercise of functions as member of mission — Whether English courts having jurisdiction

Treaties — Interpretation — Vienna Convention on Diplomatic Relations, 1961 — Article 39(2) — Former diplomat — Residual diplomatic immunity — Extent of immunity — Whether extending to claims by domestic servant — Whether domestic duties benefiting diplomatic functions — Whether actions indirectly impleading sending State — Whether related to acts performed in exercise of diplomat’s functions as member of mission

Relationship of international law and municipal law — Vienna Convention on Diplomatic Relations, 1961 — Article 39(2) — Diplomatic Privileges Act 1964 — Article 39(2) of Vienna Convention set out in Schedule 1 of Act — Section 2 of Act providing that articles in Schedule 1 of Act having force of law in United Kingdom — The law of England

Relationship of international law and municipal law — Crime of terrorism — Terrorism Act 2000 — Dissemination of terrorist publications — Terrorist offences — Section 2 of Terrorism Act 2000 — Section 1 of Terrorism Act 2000 — Interpretation — Definition of terrorism — Scope — Whether insurgents attacking government armed forces exempted from definition — Customary international law — International crime of terrorism — Whether international crime of terrorism in times of peace and armed conflict — Definition of terrorism in international law — Whether customary international law rule restricting scope of terrorism — State practice — Whether widespread and general — International conventions and national legislation — Opinio juris — Whether attacks by insurgents on soldiers of Coalition forces in Iraq and Afghanistan terrorism excluded from definition of terrorism in Terrorism Act 2000 — Whether rule of international law requiring reading down of Section 1 of Terrorism Act 2000

Terrorism — Scope — Definition of terrorism — Section 1 of Terrorism Act 2000 — Interpretation — Definition of terrorism in international law — Whether development of rule under customary international law excluding attack by insurgents on government military forces from definition of terrorism — Definition of terrorism in Section 1 of Terrorism Act 2000 having wide scope — Whether reading down of Section 1 of Act necessary or desirable — Customary international law

War and armed conflict — Non-international armed conflict — Conflicts in Afghanistan and Iraq in 2008 and 2009 — Whether non-international armed conflicts — Certificate of Foreign Secretary — Whether conclusive — Whether attacks by insurgents on soldiers of Coalition forces in Iraq and Afghanistan terrorism within meaning of Terrorism Act 2000 — Whether judge directing jury correctly with respect to meaning of Act — The law of England

Diplomatic Relations — Privileges and immunities — Scope — Vienna Convention on Diplomatic Relations, 1961 — Article 31(1) — Article 39(2) — Applicability — Eligibility — Former diplomat — Former diplomat’s wife — Residual immunity — Immunity continuing to subsist in respect of acts performed in exercise of functions as member of mission — Claims of domestic servant — Employment claims — Non-employment claims — Whether claims arising out of exercise of functions as member of mission — Whether defendant’s employment and treatment of domestic servant constituting official acts — Whether former diplomat’s wife entitled to diplomatic immunity — Whether diplomatic immunity applicable — Whether Court having subject-matter jurisdiction

Treaties — Interpretation — Vienna Convention on Diplomatic Relations, 1961 — Article 39(2) — Former diplomat — Former diplomat’s wife — Residual diplomatic immunity — Eligibility — Extent of immunity — Whether extending to claims of domestic servant — Whether defendant’s employment and treatment of domestic servant constituting official acts — Purpose of Vienna Convention — Whether acts performed in exercise of diplomat’s functions as member of mission — The law of the United States

Diplomatic relations — Privileges and immunities — Scope — Vienna Convention on Diplomatic Relations, 1961 — Article 39(2) — Former diplomat — Former diplomat’s wife — Residual diplomatic immunity — Immunity continuing to subsist in respect of acts performed in exercise of functions as member of mission — Whether former diplomat’s wife entitled to diplomatic immunity — Claims of domestic servant — Whether claims arising out of exercise of functions as member of mission — Whether defendant’s employment and treatment of domestic servant constituting official acts — Purpose of Vienna Convention — Drafting history of Article 39(2) — Practice of United States and other States — Whether diplomatic immunity applicable — Whether Court having subject-matter jurisdiction

Treaties — Interpretation — Vienna Convention on Diplomatic Relations, 1961 — Article 39(2) — Former diplomat — Former diplomat’s wife — Residual diplomatic immunity — Extent of immunity — Whether extending to claims of domestic servant — Whether defendant’s employment and treatment of domestic servant constituting official acts — Purpose of Vienna Convention — Drafting history of Article 39(2) — Practice of United States and other States — Whether acts performed in exercise of diplomat’s functions as member of mission

State immunity — Jurisdictional immunity — Foreign Sovereign Immunities Act 1976 — Tort and commercial exceptions — Employment — Plaintiff’s claims against Kuwait — Whether claims falling within exceptions — The law of the United States