Mandates — Supervision by United Nations — Territory of South-West Africa — Voting Procedure of General Assembly — Voting Procedure under United Nations.

United Nations — Charter of — Interpretation of — Article 18, paragraph 2, on Voting Procedure.

United Nations — General Assembly — Procedure of — Voting Procedure — “Important Questions” within the Meaning of Article 18, paragraph 2, of the Charter — Decisions of General Assembly on Questions Relating to Reports and Petitions Concerning Territory of South-West Africa — “Degree of Supervision” of General Assembly in the Matter of Territory of South-West Africa — Whether a Matter of Procedure — Supervision Conforming “so far as possible” with Supervision Exercised by the League of Nations — Whether Implying Continuation of Unanimity Rule Obtaining under Covenant of the League — Whether Voting Procedure under Article 18, paragraph 2, Consistent with Correct Interpretation of Principle that Degree of Supervision of General Assembly Shall Approximate So Far as Possible to That of League of Nations — Interpretation of Previous Advisory Opinion of the Court.

Treaties — Interpretation — Agencies of Interpretation — French Courts and Interpretation of Treaties.

Treaties — Effect on Third Parties — Interpretation by Some of the Signatories — Effect on Other Signatories.

Treaties — Termination of — Change in Conditions — Adaptation of the Treaty to New Conditions.

Treaties — Interpretation of — Interpretation and Modification of Treaties — Modification by virtue of Authorisation Expressed in the Treaty.

Treaties — Forms of — Power to Conclude Administrative Agreements — Treaty Obligations Created by Declarations — Modification of Treaty by Subsequent Declarations — Amendment of Treaty Distinguished from Completion of Treaty — Admissibility of Separate Understandings between Some of the Contracting Parties — Rights and Interests of Third Parties.

Permanent Court of International Justice — Jurisdiction — Preliminary Objection to — The Necessity of the Consideration of the Merits.

Arbitration — Constitution — Permanent Court of Arbitration — Optional Rules for Arbitrating Differences between Two Parties of which Only One is a State — UNCITRAL Rules — Whether available for disputes of a non-commercial, non-contractual character

Arbitration — Nature of arbitral proceedings — Jurisdiction — Requirement of a justiciable dispute — Purpose of tribunal to decide disputes, not to answer abstract questions — Whether arbitral tribunal entitled to decide issue where the very subject matter is the rights and obligations of a State not party to the proceedings

Arbitration — Procedure — Power of tribunal to determine procedure — Whether parties can override procedural decisions of tribunal by agreement

States — Existence — Recognition — Continuity — Extinction — Hawaiian Kingdom — Whether a State during the nineteenth century — Annexation by United States of America — Whether Hawaiian Kingdom extinguished thereby — Whether annexation valid — Whether arbitral tribunal entitled to determine that question in the absence of the United States of America

Conclusiveness of Statements of the Executive Department — How Far Limiting Judicial Determination — The Law of the United States.

Jurisdiction — Immunity from — Foreign States — Agency Created by Foreign State — Conclusiveness of Statements of the Executive Department — How Far Limiting Judicial Determination — The Law of the United States

Jurisdiction — Exemptions from — Foreign States — Immunity from Counterclaim in Action Brought by Foreign State — Effect of Failure of Foreign State to Claim Immunity — Allegation that the Foreign Government Concerned is Not a “Friendly” Government — The Law of the United States of America.

Treaties — Interpretation of — Principles and Rules of — Interpretation in Accordance with General Intention of the Parties.

Air Law — Meaning of Term “International Transportation” — Warsaw Convention of 1929 — Burden of Proof of “Wilful Misconduct” for Purpose of Avoiding Limitation of Liability — What Constitutes “Wilful Misconduct” — Effect of Omission of Particulars from Ticket — Interpretation of Treaties — Interpretation in Accordance with General Intention of the Parties.

Jurisdiction — Executive — Executive’s powers to carry out law enforcement operations abroad — Whether political branches having power to override principles of territorial sovereignty — Transborder abduction — United States agents kidnapping Mexican national Alvarez in Mexico and transporting to United States to stand trial — Whether United States agents having authority to make warrantless arrest outside United States borders — Whether giving rise to claims under Federal Tort Claims Act (“FTCA”) and Alien Tort Statute (“ATS”)

Claims — Claims for damages for tort of false arrest and arbitrary arrest and detention in violation of law of nations — Alvarez making claims under Federal Tort Claims Act and Alien Tort Statute — Scope of FTCA and ATS — Whether United States liable to Alvarez for damages under FTCA for tort of false arrest — Whether Mexican kidnapper Sosa liable to Alvarez for damages under ATS for violation of law of nations — Whether damages payable to Alvarez under United States law

State immunity — Federal Tort Claims Act — Scope — Whether United States liable for tort of false arrest under FTCA — Waiver of sovereign immunity in Section 1346(b)(1) of FTCA — Limits to waiver of sovereign immunity — Whether “foreign activities” exception in Section 2680(k) of FTCA applicable — “Headquarters doctrine” — Whether applicable — Whether “international tort” exception in Section 2680(h) applicable

Relationship of international law and municipal law — Alien Tort Statute — Scope — Whether Mexican kidnapper Sosa liable to Alvarez for damages under ATS — Section 1350 of ATS — Whether violation of law of nations — Whether ATS creating new causes of action — Whether federal courts precluded from recognizing claim under law of nations — Judicial caution — Whether law of nations adaptable to private rights — Interaction between ATS at time of its enactment and ambient law of era — Whether international norm prohibiting arbitrary arrest and detention — Treaties — Human rights instruments — Customary international law — Whether Alvarez having claim under ATS

Terrorism — Global war on terrorism context — Relevance — Foreign policy — Role of Congress and executive branches — National security — Whether non-justiciable political question — The law of the United States

Aliens — Position of — Liability for Military Service — Military Service as Condition of Eligibility for Naturalization — Deportation and Suspension thereof — The Law of the United States of America.

Human rights — Right to life — Right to humane treatment — Right to personal liberty — Right to privacy — Rights of the family — Obligation to respect rights — American Convention on Human Rights, 1969 — Costa Rica party to Convention — Human rights violations — Judgment of Constitutional Chamber of Supreme Court of Justice — Unconstitutional Executive Decree regulating IVF — Prohibition of IVF in Costa Rica — Whether Costa Rica violating Articles 4(1), 5(1), 7(1), 11(2), 17(2) and 24 in relation to Articles 1(1) and 2 of American Convention on Human Rights

Human rights — Right to privacy and rights of the family — Articles 11(2) and 17(2) of American Convention on Human Rights — Scope of these rights — Whether right to private life including reproductive autonomy and access to reproductive health services — Whether these rights extending to right to enjoy benefits of scientific progress — Whether Costa Rica violating Articles 11(2) and 17(2) in relation to Article 1(1) of American Convention on Human Rights

Human rights — Obligation to respect rights — Article 1(1) of American Convention on Human Rights — Principle of non-discrimination — Whether to analyse violation under Article 24 of American Convention on Human Rights — Whether interference with treaty-based rights — Whether interference proportionate — Whether interference having indirect discriminatory effects — Disability — Gender — Financial situation — Whether Costa Rica violating Article 1(1) in relation to Articles 11(2) and 17(2) of American Convention on Human Rights

Treaties — Interpretation — Articles 31(2), 31(3) and 31(4) of Vienna Convention on the Law of Treaties, 1969 — Right to life — Article 4(1) of American Convention on Human Rights, 1969 — Ordinary meaning of terms — Use of scientific literature — Systematic and historical interpretation — Travaux préparatoires of human rights treaties — Evolutive interpretation — Object and purpose — Interpretation of “human being”, “person”, “in general”, “moment of conception” — Whether embryo having a right to life under Article 4(1) of American Convention on Human Rights

International tribunals — Inter-American Court of Human Rights — Preliminary objections by Costa Rica — Exhaustion of domestic remedies — Article 46 of American Convention on Human Rights — Time-barred petitions by victims — Interpretation of six-month requirement — Article 46(1)(b) of American Convention on Human Rights — Supervening facts — Competence of Court — Judgment on Preliminary Objections, Merits, Reparations and Costs

Damages — Reparations — Monetary and other — Costa Rica to take appropriate measures to annul prohibition of IVF — Costa Rica to regulate implementation of IVF — Costa Rica to include IVF in infertility treatments offered by health-care services — Article 63(1) of American Convention on Human Rights

Aliens — Position of Aliens — Right of Non-Resident Aliens to Have Access to Courts.

State responsibility — Principles — Imputability — State responsibility for acts or omissions of State authorities — State responsibility for human rights violations committed by third parties — State obligations to guarantee respect for rights between individuals — State obligations to adopt prevention and protection measures — State obligations as conditioned by awareness of a situation of real and imminent danger for a specific individual or group and reasonable possibilities of preventing or avoiding that danger — State responsibility for contributing to creation of danger and failure to take protection measures — American Convention on Human Rights, 1969

Human rights — Right to life — Right to humane treatment — Right to personal liberty — American Convention on Human Rights, 1969, Articles 4, 5 and 7 — Right to life including positive obligation to protect and preserve life — State obligation falling on all State institutions, including authorities responsible for safeguarding security — State obligations to adopt legislative, administrative and judicial measures — State obligations to prevent and protect individuals from criminal acts of others and investigate effectively — State obligation to investigate cases of extrajudicial executions, forced disappearances and other grave human rights violations — Next of kin’s right to humane treatment violated in cases of forced disappearance as direct consequence — Whether Colombia violating Articles 4, 5 and 7, in relation to Article 1(1) of American Convention on Human Rights, 1969

Human rights — Right to a fair trial and right to judicial protection — Articles 8 and 25 of American Convention on Human Rights, 1969 — Restrictive and exceptional scope of military criminal jurisdiction — Assessment of domestic investigations carried out by ordinary, military, disciplinary and administrative justice systems — Right to truth not autonomous, but forming part of right to access justice and reparation — Whether Colombia violating Articles 8 and 25, in relation to Article 1(1) of American Convention on Human Rights, 1969

International tribunals — Inter-American Court of Human Rights — Preliminary objections by Colombia — Exhaustion of domestic remedies — Reasonable time limit for application to Inter-American Commission on Human Rights — Article 46 of American Convention on Human Rights, 1969 — Colombia accepting jurisdiction of the Court — Preliminary objection understood to be withdrawn — Request to join preliminary objection to merits of case inadmissible

Damages — Reparations — Monetary and other reparations — Damages for pecuniary and non-pecuniary loss — Beneficiaries — Next of kin of victims — Requirement of public apology and memorial to victims of massacre — Other non-pecuniary remedies — Article 63(1) of American Convention on Human Rights, 1969

International tribunals — Inter-American Court of Human Rights — American Convention on Human Rights, 1969, Article 67 — Interpretation of judgment — Requests for interpretation of judgment by State and representatives of victims — Request by representatives denied — Purpose of interpretation to clarify meaning, not to submit factual and legal matters already decided — Impossibility of requesting modification or annulment of judgment through request for interpretation — Request of State granted and relevant paragraphs of judgment interpreted

States as international persons — Composite States — Federal States — Foreign relations of — Position of component states — Power of such states to impose taxation discriminating between foreign nations — The law of the United States of America.

Treaties — Special kinds of — Double taxation treaties — Application to ad valorem taxes on movables — Taxation of aircraft registered in one contracting State with home port in that State operating in international commerce — Tax imposed by state statute in federal State — Supremacy of federal treaty over state law — Double Taxation Conventions between United States and Sweden, Denmark and Norway — The law of the United States of America.

Jurisdiction — Territorial — Over property — Taxation — State personal property tax — Application on apportionment basis to foreign registered aircraft — Aircraft foreign — owned and operating in international commerce — Whether tax valid — Whether tax in violation of Treaties to avoid double taxation between United States and Sweden, Denmark and Norway — The law of the United States of America.

Aliens — Members of Visiting Foreign Armed Forces — Privileges and Immunities.

Jurisdiction — Exemption from — Visiting Foreign Armed Forces — Immunity in Civil Matters — Whether Affiliation Order can be Enforced — Visiting Forces Act, 1933 — United States of America (Visiting Forces) Order, 1942.

Jurisdiction — Personal — Protection of Industrial Property — Trade-Marks — Infringement Committed in Foreign Country by National of State Asserting Jurisdiction — Effect within State Asserting Jurisdiction — The Law of the United States of America.

The individual in international law — Human rights and freedoms — European Convention for Protection of — Article 5 (3) (right to trial within a reasonable time and to release pending trial) — Determination of reasonableness of period of detention — Basis for review of decisions of municipal courts by European Court of Human Rights — Whether danger of repetition of offences as ground for detention compatible with Convention — Facts subsequent to lodging of application — Article 26 (exhaustion of domestic remedies) — Whether precluding Court from considering period of detention subsequent to application — Whether issue of exhaustion of domestic remedies may be raised before Court only if previously raised before Commission — Prolonged pre-trial investigation — Whether compatible with Convention — Article 5 (4) (right to take proceedings for decision on lawfulness of detention) — Article 6 (1) (right to fair and public hearing within reasonable time) — Principle of equality of parties — Decisions on detention on remand.

International tribunals — Provisional measures of protection — International Tribunal for the Law of the Sea — United Nations Convention on the Law of the Sea, 1982 (“UNCLOS”), Article 290 — Requirements for order of provisional measures — Jurisdiction — UNCLOS Articles 283 and 288 — Obligation to exchange views regarding settlement of dispute by negotiation or other peaceful means — No precondition of exhaustion of diplomatic negotiations before dispute referred to Tribunal

Sea — Territorial sea — Provisional measures — Claim to territorial sea as basis for prescription of provisional measures — Insufficient basis for ordering provisional measures — Interests — Right to natural resources within territorial sea — Estuary — Semi-enclosed sea — Right to integrity of marine environment — Right to be consulted with respect to major land reclamation works — Possible impact on maritime transit rights

Environment — Marine environment — Preservation of marine and coastal environment — Maritime access to coastline — Effect of land reclamation works on marine environment

Comity — International cooperation — Duty to cooperate to prevent pollution of marine environment — UNCLOS Part XII

International law — Relation to municipal law — Treaties — Necessity for municipal legislation — Effect in France of Treaty not yet ratified or published in Journal officiel — Franco — Moroccan Treaty of 5 October 1957 providing for enforcement of foreign judgments — The law of France.

Treaties — Conclusion and operation of — Enforcement of — Necessity for municipal legislation — Ratification — Entry into force — Effect in France of treaty not yet ratified or published in Journal officiel — Franco–Moroccan Treaty of 5 October 1957 providing for enforcement of foreign judgments — Reciprocity — Irrelevance of acceptance of treaty by one party as in force before exchange of ratifications — The law of France.

International law in general — Relation to municipal law — Treaties — Interpretation and application of treaties in municipal courts — Relation to statutes — The law of the United States

Treaties — Interpretation — Principles and rules of interpretation — General Agreement on Tariffs and Trade — Reprisals — Economic reprisals imposed in retaliation for imposition of import restrictions — Whether GATT permitting selective reprisals — The law of the United States

Treaties — Special kinds of treaties — General Agreement on Tariffs and Trade 1947 — Retaliatory suspensions of trade concessions — Whether these must be made on a most — favoured-nation basis — Interpretation and application of the Agreement in municipal courts — The law of the United States

Disputes — Unilateral means of redress short of war — Reprisals — General Agreement on Tariffs and Trade 1947 — Presidential proclamation withdrawing trade concessions on most — favoured-nation basis in retaliation for E.E.C. restrictions on certain United States exports — Whether authorized by domestic law — Whether selective measure striking at E.E.C. products only would have been consistent with GATT — The law of the United States