International Court of Justice — Advisory jurisdiction — Requests by specialized agencies of the United Nations — Jurisdictional requirements — Requirement that agency be duly authorized — Requirement that question posed be a legal question — Definition of legal question — Political aspects do not necessarily preclude characterization of question as legal in nature — Political motives and implications irrelevant — Requirement that question arise within the scope of activities of the requesting agency — Role of the Court in considering request for an advisory opinion — Interpretation of question — Article 65 of the Statute of the International Court of Justice — Article 96(2) of the United Nations Charter — Agreement between United Nations and the World Health Organization (“WHO”) — WHO Constitution

International organizations — Specialized agencies of the United Nations — WHO — Competence to request advisory opinion regarding legality of using nuclear weapons — Whether question arising within the scope of the activities of WHO — Constitution of WHO — Interpretation — Approach to interpretation of constituent treaties — Nature of specialized agency — United Nations and specialized agencies as a coherent system — Position of WHO within the United Nations system — Principle of speciality

Treaties — Interpretation — Constitution of international organization — Approach to interpretation — Emphasis upon object and purpose of treaty — Subsequent practice

War and armed conflict — Nuclear weapons — Whether use of nuclear weapons prohibited by international humanitarian law — Protection of health and the environment in war and armed conflict

Environment — War — Nuclear weapons — Effect of use of nuclear weapons upon the environment — Treaties for the protection of the environment — Whether applicable to military operations in time of armed conflict — Relationship between international environmental law and the law of armed conflict — Principle 24, Rio Declaration — United Nations Environmental Modification Treaty, 1977 — Additional Protocol I, 1977, Article 35(3)

Human rights — War — Nuclear weapons — Whether human rights treaties applicable to military operations in time of armed conflict — Right to life — International Covenant on Civil and Political Rights, 1966 — Relationship between the law of human rights and the law of armed conflict

International Court of Justice — Advisory jurisdiction — Request by United Nations General Assembly — Request for advisory opinion concerning whether the use or threat of use of nuclear weapons permitted under international law — Whether within the jurisdiction of the Court — United Nations Charter, Article 96(1) — Discretion of Court not to reply to question — Statute of the Court, Article 65(1) — Whether question poses a legal question — Whether motives for asking the question relevant — Role of the Court in advisory proceedings

International criminal law — Genocide — Genocide Convention, 1948 — Nuclear weapons — Whether use of nuclear weapons would constitute offence of genocide

International organizations — United Nations — General Assembly — Competence — Security issues — Nuclear weapons — Role of the Assembly in view of involvement of the Security Council — Whether Assembly competent to request advisory opinion from the International Court of Justice — Resolutions of the General Assembly — Whether a source of law — Normative significance of resolutions in the light of the practice of States

Reprisals and countermeasures — Reprisals involving the use of force — Whether armed reprisals lawful in time of peace — Belligerent reprisals — Use of nuclear weapons — Threat to use nuclear weapons

Sources of international law — Custom — Requirements of custom — Importance of actual State practice — Persistent objector principle — Opinio juris — United Nations General Assembly resolutions — Normative significance — Resolutions on the use of nuclear weapons

War and armed conflict — Nuclear weapons — Whether use or threat to use nuclear weapons lawful — Applicable law — Relevance of law on the environment and human rights — Law regarding the use of force — Right of self-defence — Relationship between right of self-defence and law regulating the conduct of hostilities — Possible tension between law of armed conflict and right of self-defence — Restrictions on the right of self-defence — Proportionality and necessity — Concept of threat to use force — Principles of the law of armed conflict regarding weaponry and targets — Unnecessary suffering principle — Requirement that civilians and civilian objects should not be attacked — Principle of proportionality — Collateral damage — Prohibition of poison and poisoned weapons — Martens clause — Applicability to the use of nuclear weapons — Neutrality — Obligations of belligerents towards neutral States — Characteristics of nuclear weapons — Whether use of nuclear weapons ever reconcilable with law of armed conflict — Whether use of nuclear weapons lawful in extreme circumstances of self-defence

Economics, trade and finance — Free trade areas — North American Free Trade Agreement (“NAFTA”) — Objectives — Relationship to General Agreement on Tariffs and Trade (“GATT”) and World Trade Organization (“WTO”) — Incorporation into NAFTA of provisions of GATT or treaty negotiated within framework of GATT — Relationship between GATT and WTO — GATT Uruguay Round — Extent to which WTO Agriculture Agreement provisions incorporated into NAFTA

Economics, trade and finance — Agriculture — WTO Agriculture Agreement — Duty to replace non-tariff barriers with tariffs — Whether duty to impose tariffs — Application as part of NAFTA

International tribunals — Arbitral tribunal — NAFTA Arbitral Panel established pursuant to Article 2008 of NAFTA — Constitution and terms of reference

Treaties — Application — Consecutive treaties dealing with same subject-matter — Effect for States parties to both agreements — Principle that treaty adopted later in time prevails — Incorporation of provisions of one treaty into another by reference

Treaties — Interpretation — Principles of interpretation — Vienna Convention on the Law of Treaties, 1969, Article 31 — Ordinary meaning of words — Reference to context and object and purpose — Free trade agreements — Objective of liberalizing trade — Duty of arbitral panel to adopt interpretation which would have the result of increasing rather than reducing trade liberalization

International organizations — Administrative tribunal — Organization holding on behalf of ex-employee the balance of her provident fund — Withdrawals from fund allegedly without authority — Death of ex-employee — Dispute between ex-employee's heir and organization — Whether within tribunal's jurisdiction — Whether payments out properly made

International organizations — Administrative tribunal — Coordinated system of salary-fixing between six international organizations — Whether coordinating body acting ultra vires in recommending possibility of variations in salaries and pensions to take into account financial constraints in individual organizations — Whether OECD Council entitled to act on possibly ultra vires recommendation of coordinating body — Jurisdiction of Administrative Tribunal

International criminal law — Nature — Whether applicable to States as well as individuals — Whether States subject to criminal sanctions in international law — Officials of States acting in their official capacity

International organizations — United Nations — Security Council — International Criminal Tribunal for the Former Yugoslavia — Tribunal established by Council under Chapter VII of the Charter — Implications for Member States of United Nations — Obligation of Member States to comply with orders of Tribunal — Obligation of Non-Member States to comply with orders of Tribunal

International tribunals — International Criminal Tribunal for the Former Yugoslavia — Functions and powers — Power to issue binding orders — Whether Tribunal empowered to issue order binding upon State — Statute of the Tribunal, Article 29 — Subpoena duces tecum — Meaning — Whether Tribunal empowered to issue subpoena to State — Tribunal having no power to impose sanctions upon States — Judicial findings of non-compliance reported to Security Council — Order to produce documents which allegedly affect national security — State officials acting in their official capacity — Whether subject to subpoena or other binding order — Whether for State to determine who should respond or otherwise take action on its behalf — Whether official liable to sanctions for acts attributable to State — Power of Tribunal to issue subpoena to individuals in their private capacity — Relationship between Tribunal and Security Council — Relationship between Tribunal and national courts and authorities

Relationship of international law and municipal law — International Criminal Tribunal for the Former Yugoslavia — Extent of reliance upon national law and national authorities for enforcement of decisions relating to individuals

State immunity — Nature — Whether applicable to proceedings before international tribunal — Whether a doctrine applicable only to proceedings in municipal courts

War and armed conflict — War crimes, grave breaches of the Geneva Conventions and crimes against humanity — Procedure for trial — International Criminal Tribunal for the Former Yugoslavia

Sea — Exclusive economic zone (“EEZ”) — Arrest of vessel — Law of the Sea Convention, 1982, Articles 292 and 73 — Procedures for ensuring prompt release of vessel — When applicable — Whether arrest linked to enforcement of coastal State's rights in the EEZ — Tanker engaged in refuelling fishing vessels within EEZ — Allegations of smuggling — Whether falling within scope of Article 73 — Right of hot pursuit

International tribunals — International Tribunal for the Law of the Sea — Proceedings under Article 292 of the Law of the Sea Convention — Whether preliminary or incidental proceedings — Whether Tribunal called upon to make definitive rulings on fact or law — Whether sufficient that Applicant State makes out a plausible case — Possibility that case may be heard at a later stage by another international tribunal — Relationship between International Tribunal for the Law of the Sea and domestic courts

Treaties — Interpretation — Principles of interpretation — Law of the Sea Convention, 1982 — Object and purpose — Reference to travaux préparatoires — Whether provision involving restrictions upon coastal State's sovereignty and interference in its judicial process should be restrictively interpreted

Relationship of international law and municipal law — Relationship between international tribunals and domestic courts — International Tribunal for the Law of the Sea — Effect of decisions upon proceedings in national courts — Decision of the Tribunal under Article 292 of the Law of the Sea Convention