International Court of Justice — United Nations Convention on the Law of the Sea, 1982 — Memorandum of Understanding between Kenya and Somalia, 2009 — Commission on the Limits of the Continental Shelf — Territorial sea — Exclusive economic zone — Continental shelf — Continental shelf beyond 200 nautical miles — Delimitation of maritime boundary — Delineation of outer limits of continental shelf

International Court of Justice — Jurisdiction — Article 36(2) of Court’s Statute — Optional clause — Kenya’s reservation to its optional clause declaration — Memorandum of Understanding between Kenya and Somalia, 2009 (“MOU”) — Whether MOU preventing Court from having jurisdiction over case brought by Somalia — Character of MOU as a binding international agreement — Whether MOU requiring Parties to delimit their boundary after recommendation of Commission on the Limits of the Continental Shelf (“CLCS”) on the outer limits of the continental shelf — Part XV of United Nations Convention on the Law of the Sea, 1982 (“UNCLOS”) — Whether optional clause declarations falling within scope of Article 282 of UNCLOS — Whether Article 282 entailing Parties’ agreement to settle their maritime dispute pursuant to provisions of Part XV of UNCLOS — Whether circular renvoi from Article 282 back to Kenya’s reservation — Admissibility of Somalia’s Application — Relevance of Somalia’s objection to consideration of Kenya’s submission by the CLCS — Clean hands doctrine

Treaties — Interpretation — Memorandum of Understanding between Kenya and Somalia, 2009 — Whether binding treaty under international law — Character of MOU as a binding international agreement — Whether MOU requiring Parties to delimit their boundary after recommendation of CLCS on the outer limits of the continental shelf — Article 83 of UNCLOS — Vienna Convention on the Law of Treaties, 1969, Article 31(3)(c) — Travaux préparatoires of MOU — Whether MOU preventing Court from having jurisdiction over case brought by Somalia

International Court of Justice — Jurisdiction — Whether case concerning interpretation or application of Vienna Convention on Consular Relations, 1963 (“Vienna Convention”) — Proof of Mr Jadhav’s identity concerning applicability of Vienna Convention and not jurisdiction — Whether application inadmissible — Whether India committing abuse of process — Abuse of rights as matter for merits — Clean hands doctrine

Consular relations — Whether Vienna Convention on Consular Relations, 1963 applicable in relations between the Parties — Exclusion of persons suspected of espionage from scope of Vienna Convention — Relevance of customary international law on consular access — Whether Agreement on Consular Access of 21 May 2008 displacing obligations under Article 36 of Vienna Convention — Role of Article 73(2) of Vienna Convention — Whether Pakistan breaching Article 36 of Vienna Convention — Failure to inform Mr Jadhav of his consular rights under Vienna Convention — Failure to inform India’s consular post of Mr Jadhav’s arrest and detention “without delay” — Failure to provide consular access — Remedies — Review and reconsideration — Effectiveness of review and reconsideration — Due process

Treaties — Relationship with customary international law — Vienna Convention on Consular Relations, 1963 — Customary international law regarding consular access — Whether justifying restrictive reading of Vienna Convention — Relationship between treaties — Vienna Convention and bilateral consular agreement

Human rights — Right to nationality — Universal Declaration of Human Rights, 1948 (“UDHR”) — Article 15 — Right to return to one’s country — African Charter on Human and Peoples’ Rights, 1981 (“Charter”) — Article 12(2) — Right not to be arbitrarily expelled from a State — International Covenant on Civil and Political Rights, 1966 (“ICCPR”) — Article 13 — Right to fair trial — Charter Article 7 — ICCPR Article 14 — Whether Tanzania arbitrarily depriving applicant of right to nationality — Whether Tanzania violating right not to be arbitrarily expelled — Whether Tanzania violating right to be heard

Nationality — Right to nationality — Citizenship status — State sovereignty — Deprivation of nationality in exceptional situations — Tanzania depriving applicant of Tanzanian nationality — Whether deprivation arbitrary — Burden of proof — Whether Tanzania violating UDHR Article 15 — Whether applicant arbitrarily expelled — Whether Tanzania violating applicant’s fundamental rights under human rights treaties

International tribunals — African Court on Human and Peoples’ Rights — Jurisdiction — Material jurisdiction — Whether Court having jurisdiction to hear application — Admissibility — Whether application admissible

International tribunals — Jurisdiction — East African Court of Justice — Whether Court could determine matter arising from a State’s application for membership of East African Community — Whether process involving in part a non-member State of Community could be determined by Court — Whether Court could determine human rights related complaint arising from a State’s application for membership of East African Community

Treaties — Interpretation — Treaty for the Establishment of the East African Community, 1999 — Article 3(2) — Whether a reference could be brought against an organ of East African Community based on provision of Article 30(1) — Whether an act that was part of an ongoing process actionable under Article 30(1) — Protocol for Admission to the East African Community

International organizations — East African Community — Membership — Decision-making bodies — East African Community membership application — Opposition to membership — Core principles of Treaty for the Establishment of the East African Community, 1999 — Organ of Community — Summit of Heads of States regarding membership applications — Powers of Summit

Human rights — Freedom of expression — Right of access to information — Freedom of opinion — Criminal sedition — Resolution of the African Commission on Human and Peoples’ Rights 2010 — United Nations Human Rights Committee, General Comment No 34

Treaties — Interpretation — Application — Treaty for the Establishment of the East African Community, 1999 — Treaty obligations of East African Community Partner States — Human rights treaties — Obligations under regional and international human rights treaties — Compliance of Tanzanian media law with its treaty obligations — African Charter on Human and Peoples’ Rights, 1981 — International Covenant on Civil and Political Rights, 1966

International tribunals — Jurisdiction — East African Court of Justice — Whether Court having jurisdiction — Role of domestic courts in the interpretation of Treaty for the Establishment of the East African Community, 1999 — Exhaustion of domestic remedies — Whether applicable — Interpretation of Articles 30(3) and 34 of Supplementary Protocol, 2005 — Res judicata

Human rights — Freedom of expression — Freedom of the press — Legal restrictions limiting freedom of expression — Penal sanctions in laws which limit freedom of expression — Whether Section 24 of Cybercrimes Act 2015 violating Article 9(2) of African Charter on Human and Peoples’ Rights, 1981 and Article 19(3) of International Covenant on Civil and Political Rights, 1966 — Whether Nigeria violating applicant’s right to freedom of expression

Relationship of international law and municipal law — Treaties — Human rights treaties — Treaty obligations — Cybercrimes Act 2015 — Compliance of Nigeria’s cybercrime law with regional and international treaty obligations — African Charter on Human and Peoples’ Rights, 1981, Article 9(2) — International Covenant on Civil and Political Rights, 1966, Article 19(3) — Revised Treaty of the Economic Community of West African States, 1993 — Whether Nigeria violating applicant’s right to freedom of expression

International tribunals — Jurisdiction — Community Court of Justice of Economic Community of West African States — Admissibility of application — Whether Court having jurisdiction to examine domestic legislation of ECOWAS Member States — Whether allegation of human rights violation — Whether Court competent to examine the cause

State immunity — Jurisdictional immunity — Action for damages against ship classification and certification company acting upon delegation from Republic of Panama — Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Article 2(1) — Whether Italian court having jurisdiction under Regulation — Article 1(1) — Scope of civil and commercial matters — Operations of ship classification and certification societies — Public powers — Whether classification and certification operations conducted in exercise of public powers — Immunity from jurisdiction — Whether customary international law principle of jurisdictional immunity of States precluding court from exercising jurisdiction under Regulation — The law of the European Union

Human rights — Guarantee against retrospective application of criminal law — Criminal Code of Estonia — Article 148-1(7) — Application and interpretation — Amendment on 13 January 1995 — Extension of law to acts committed prior to 13 January 1995 — Whether applicant’s conviction amounting to retrospective application of criminal law — Whether respondent State violating Article 7 of European Convention on Human Rights, 1950

International criminal law — International Criminal Court — Reparations for victims — Situation in Mali — Rome Statute 1998, Articles 8(2)(e)(iv), 25(3)(a) and 75(1) — War crime of attacking protected objects — Destruction of cultural heritage — Harm assessment — Actual and proximate cause — Reparations implementation — Trust Fund for Victims

Damages — Reparations — Victims — Crimes against cultural heritage — Harm assessment — Actual and proximate cause — Reparations implementation — Trust Fund for Victims

Damages — Appeal — Reparations — Legal Representatives of Victims — Individual reparations implementation — Whether individual reparations awarded only to victims with exclusive link between economic loss and destruction of protected objects — Whether Trust Fund for Victims entitled to assess individual reparations — Whether abuse of discretion by Trial Chamber on disclosure of victims’ identifying information to defendant and Trust Fund for Victims

Treaties — Interpretation — Montreal Convention for the Unification of Certain Rules for International Carriage by Air, 1999, Article 17(1) — Whether post-traumatic stress disorder a “bodily injury” — Civil Aviation (Carriers’ Liability) Act 1959 (Cth), Sections 9B and 9E — The law of Australia

Aliens — Refugees — Refugee protection — Exclusion from refugee protection — Commission of serious non-political crime prior to admission to country of refuge — United Nations Convention Relating to the Status of Refugees, 1951 (“Refugee Convention”) — Article 1F(b) — Canadian Immigration and Refugee Protection Act 2001 — Section 98 — Whether Article 1F(b) barring Cuban national from seeking refugee protection in Canada on account of serious crimes committed in United States — Whether Article 1F(b) exclusion restricted to fugitives from justice — Whether factors such as service of full sentence, rehabilitation and dangerousness to be balanced against seriousness of crime

Treaties — Interpretation — Refugee Convention — Article 1F(b) — Vienna Convention on the Law of Treaties, 1969 — Article 31(1) — Ordinary meaning of terms of treaty — Context — Object and purpose of treaty — Whether Article 1F(b) of Refugee Convention restricted to fugitives from justice — Whether necessary to use travaux préparatoires for purpose of interpretation — The law of Canada