Human rights — International law — Convention relating to the Status of Refugees, 1951, Article 33(2) — Non-refoulement principle — Relationship with wider human rights obligations — Effect in national law — Constitution of Kenya

Aliens — Refugees — Non-refoulement — Exceptions for national security and crime — Whether exceptions to be construed restrictively — Relationship between Article 33(2) of the Convention relating to the Status of Refugees, 1951 and human rights instruments — Requirement of individual assessment — The law of Kenya

Jurisdiction — Territorial — Applicability of English statute — Respondent bank registered and carrying on business in Jersey — Whether respondent out of jurisdiction of court — Section 238(2) of Insolvency Act 1986 — “Any person” — Meaning intended by Parliament — Whether encompassing “foreign” bank — Principles of statutory construction — Whether territorial scope of legislation unlimited — Whether Parliament intending limitation of application of statute — Court possessing discretion providing safeguards — Sufficient connection with England — Service out of jurisdiction — The law of England

Jurisdiction — Territorial — Irregular apprehension — Sailors of foreign navy — Desertion in port — Apprehension in third State — Return to country of origin — Under treaty — Function of consuls — Aliens — Expulsion of — The law of the United States of America.

Aliens — Expulsion of — Sailors of foreign navy — Desertion in port — Apprehension in third State — Return to country of origin — Under treaty — Function of consuls — The law of the United States of America.

Consuls — Position and functions of — Under treaty — Sailors of foreign navy — Desertion in port — Return to country of origin Aliens — Expulsion of — The law of the United States of America.

Treaties — Interpretation of — Principles and rules of — Whether word should be interpreted by reference to municipal law of one Party — “Desertion“ — Treaty of Friendship between United States of America and Spain — The law of the United States of America.

Extradition — Miscellaneous — Sailors of foreign navy — Desertion in port — Apprehension in third State — Return to country of origin — Under treaty — Function of consuls — Aliens — Expulsion of — The law of the United States of America.

Relationship of international law and municipal law — Customary international law — Doctrine of incorporation — Primacy of statute over rule of customary international law — State immunity

State immunity — Jurisdictional immunity — Claim against State for torture allegedly committed by State officials — Acts of torture allegedly committed in Kuwait and United Kingdom by agents of Kuwaiti Government — Whether English courts have jurisdiction in respect of torture committed in Kuwait being acts in violation of international law — State immunity governed by statute — Whether explicit provision required in statute to establish exception to immunity — Tortious acts committed within jurisdiction — Standard of proof required to establish exception to immunity — Balance of probabilities — State Immunity Act 1978, Sections 1 and 5 — The Law of England

States as international persons — In general — Sovereignty and independence — In foreign relations — Slovakia — Establishment in 1939 — Whether a sovereign independent State — Whether responsible under international law for the diplomatic protection of its nationals abroad — Germany — Slovakia Treaty of Protection, 1939 — The law of the Federal Republic of Germany

The individual in international law — Nationality — Acquisition of — Nationality as affected by change of sovereignty — Germany Slovakia Treaty of Protection, 1939 — Whether acquisition of Slovak nationality under treaty compatible with international law — The law of the Federal Republic of Germany

The individual in international law — Nationality — As determining the right of protection of citizens abroad — Germany Slovakia Treaty of Protection, 1939 — Whether retroactive acquisition of Slovak nationality under treaty compatible with international law — Whether German Reich or Slovakia under duty to provide diplomatic protection to Slovak nationals abroad — The law of the Federal Republic of Germany

War and neutrality — War in general — Enforcement of the laws of war — Compensation and reparation — Person of Jewish descent and German ethnic origin — Emigration from Slovakia to Italy to avoid Nazi persecution — Internment by Italy during Second World War — Whether entitled to compensation from Federal Republic of Germany — Entitlement dependant on loss of German nationality and diplomatic protection of German Reich — Effect of change of sovereignty on nationality — Germany-Slovakia Treaty of Protection, 1939 — Whether retroactive acquisition of Slovak nationality under treaty compatible with international law — Whether German Reich or Slovakia under duty to provide protection to Slovak nationals abroad — Lack of independence of Slovakia — Whether occupying power in wartime under duty to provide protection to nationals of occupied territory abroad — The law of the Federal Republic of Germany

British Commonwealth — Independent Members of — Pakistan Federation — Whether Entitled to Immunity from Jurisdiction of English Municipal Court.

Jurisdiction — Immunity from — Foreign States — Pakistan Federation — Contract Expressly Submitting to Jurisdiction — Immunity in relation to Commercial Contract.

Environment — Conservation of natural heritage — UNESCO Convention for the Protection of the World Cultural and Natural Heritage, 1972 — World Heritage List — Criteria for properties to be included — Obligation of States to identify and protect such properties — Exploration for minerals in northern Australia — Government decision to establish a “national park” — Government seeking inclusion of Stage 2 of park in World Heritage List — Whether affecting mining interests — Whether decision reviewable — World Heritage Properties Conservation Act 1983 (Commonwealth) — National Parks and Wildlife Conservation Amendment Act 1987 (Commonwealth)

Treaties — Treaty-making power of States — UNESCO Convention for the Protection of the World Cultural and Natural Heritage, 1972 — Government of Australia acting to include property on World Heritage List — Mining interests in Northern Territory affected by decision — Whether exercise of treaty-making power prerogative of the Crown — Whether decision justiciable — World Heritage Properties Conservation Act 1983 (Commonwealth) — National Parks and Wildlife Conservation Amendment Act 1987 (Commonwealth) — The law of Australia

Treaties — Special kinds of — Most — favoured — nation clause — Effect of clause upon duty of forum to recognise status of adopted child conferred upon alien by foreign law — Public policy of forum — Treaty of Friendship, Commerce and Navigation between Greece and United States, 1951 — The law of the United States of America.

Treaties — Interpretation of — Treaty of Friendship, Commerce and Navigation between Greece and United States, 1951 — “Most-favoured-nation” clause — Effect of clause upon duty of forum to recognize status of adopted child conferred upon alien by foreign law — Public policy of forum — The law of the United States of America.

Relationship of international law and municipal law — Treaties — Agreement on Trade-Related Aspects of Intellectual Property Rights, 1994 (“TRIPS Agreement”) — India’s obligations under TRIPS Agreement — Compatibility with Indian patent law — Changes in Indian patent law — Patent Act — Legislative history — Patent Act 1970 amended in 2005 — Interpretation — Section 3(d) of Patent Act — Whether drug of pharmaceutical company having enhanced efficacy — Whether pharmaceutical company could patent drug — Whether drug satisfying test of patentability or invention under Patent Act — Whether Section 3(d) of Patent Act applicable

Treaties — Application — TRIPS Agreement — Doha Declaration on the TRIPS Agreement and Public Health 2001 — India’s treaty obligations — International developments impacting on Indian patent regime — Changes to Indian patent law — Patent Act 1970 amended in 2005 — Section 3(d) of Patent Act — Whether applicable — Whether pharmaceutical company could patent drug — Whether drug satisfying test of patentability or invention under Patent Act — Whether drug having enhanced efficacy — Whether Section 3(d) of Patent Act applicable

Economics, trade and finance — Intellectual property rights — World Trade Organization rules on intellectual property — TRIPS Agreement — Doha Declaration on the TRIPS Agreement and Public Health 2001 — Harmonization of Indian patent law — Indian Patent Act 1970 as amended in 2005 — Patent protection for pharmaceutical products — Whether pharmaceutical company could patent drug — Whether drug satisfying test of patentability or invention under Patent Act — Whether Section 3(d) of Patent Act applicable

Human rights — Right to health care — Public health concerns — TRIPS Agreement — Doha Declaration on the TRIPS Agreement and Public Health 2001 — Indian Patent Act — Whether meeting public health concerns — Whether pharmaceutical company could patent drug — Whether drug satisfying test of patentability or invention under Patent Act — Whether Section 3(d) of Patent Act applicable — The law of India

Recognition — Effects of Non-Recognition — Holland and the Soviet Government — Liquidation of Russian Insurance Companies — Legality of Acts of Liquidator Outside Russia — Legislation Emanating from Unrecognised Government — Interpretation of Measures Contrary to Public Order — Extraterritorial Effects of Russian Legislation.

Human rights — Right to liberty — Internment without trial — Iraq — Whether internment compatible with European Convention on Human Rights, 1950, Article 5(1) — Authorization by the United Nations Security Council — Whether capable of displacing obligations under Article 5(1) — United Nations Charter Articles 24, 25 and 103 — Security Council Resolution 1546 (2004) — Whether authorizing internment — Whether imposing obligation to employ internment

Human rights — Scope of application — Requirement that individual be within the jurisdiction of the respondent State — European Convention on Human Rights, Article 1 — Military operations authorized by the United Nations Security Council — Iraq — Security Council Resolution 1546 (2004) — Whether actions of United Kingdom contingent in Multi-National Force attributable to United Kingdom or United Nations

International organizations — United Nations — Security Council — Duty to maintain international peace and security — Resolutions — Interpretation — Presumption that resolution not intended to oblige State to act inconsistently with human rights obligations — United Nations Charter Articles 24, 25 and 103 — Security Council Resolution 1546 (2004)

State responsibility — Armed forces — Armed forces of State taking part in Multi-National Force authorized by United Nations Security Council — Whether actions of members of force attributable to State or to the United Nations

War and armed conflict — Belligerent occupation — Iraq — Hague Regulations, 1907, Article 42 — Duty of occupying power to maintain order — Internment — Whether occupying power required to use internment if necessary

Treaties — Interpretation of — Special kinds of treaties — Air Transport Agreement between France and United States — Rights granted under — Rights of carriers to serve named route — Whether right to serve points of call not named in route — "General path" of route — Arbitration — Examination by arbitral tribunal of text of Agreement — Consideration of preliminary negotiations — Practice and subsequent conduct of parties.

British Commonwealth of Nations — Relationship of Irish Free State and Great Britain — Legislative Competence of Irish Free State — Treaty of 1921 — Abrogation of Treaty by Inconsistent Legislation — Irish Free State Agreement Act, 1922 — Colonial Laws Validity Act, 1865 — Statute of Westminster, 1931 — Right of Appeal to His Majesty in Council

Permanent Court of International Justice — Rules of — Change in Submissions — Alteration of the Character of the Dispute — Article 40 of the Statute and Article 32, paragraph 2, of the Rules.

Permanent Court of International Justice — Request for Changes in the Existing Legal Situation — Request for Instruction to the Parties to Engage in Negotiations with that Object in View — Changes of Submissions in the Course of Legal Proceedings — Article 40 of the Statute and Article 32, paragraph 2, of the Rules.

War and neutrality — War in general — Definition — Patents Act 1949 — Hostilities with "any foreign state" — Whether including unrecognised State — Korean conflict — The law of England

Recognition — Of States and Governments — Non-recognition — Effects in municipal law — Patents — Extension of on grounds of war loss — Patents Act, 1949, section 24 — Hostilities with any “foreign state” — Whether including unrecognised states with defined territories and effective government in control — Status of North Korea — Whether question of fact for court — Whether Foreign Office certificate conclusive — The law of England

Dependent States — The Philippines — Prior to Independence — Relationship to United States — Foreign Country vis-à-vis United States — Vessels Flying Philippine Flag — Exemption from Income Taxation by United States of Earnings of Such Vessels — The Law of the United States of America

State responsibility — Claims — Nationality of — Defence of dual nationality for purposes of Treaty of Peace with Italy — Dominance of Italian nationality.

Nationality — Dual nationality — Defence of, for purposes of Treaty of Peace with Italy — Dominance of Italian nationality.

Disputes — Arbitration — By Conciliation Commission — Evidence — Sufficiency of — Generalities and self-serving declaration — Burden of proof — Establishing “treatment as enemy” — Clear and convincing proof.

Recognition of Acts of Foreign States — Confiscatory Legislation — Extra-territorial Effect of — Foreign Bank as Mortgage Creditor — Nationalization of Foreign Bank — Discharge of Mortgage Debt by Payment to State Enterprise Substituted for Expropriated Creditor Bank — Whether Valid Discharge of Debt — Relevance of Debtor’s Good Faith.

Human rights — Right to fair trial — African Charter on Human and Peoples’ Rights, 1981, Article 7 — International Covenant on Civil and Political Rights, 1966, Article 14 — Right to legal aid and representation — Right to equal protection of the law — Whether judgment should be pronounced in open court — Right to consideration of defence evidence — Right to consideration of alleged conflict of interests of prosecutor — Whether sentence entailed a retrospective application of the law

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

States as international persons — Composite and dependent States and territories — Mandated and Trust Territories — Rights and duties of Administering Authority — French Cameroons — Trusteeship Agreement giving France full powers of jurisdiction — General Assembly Resolution terminating Trusteeship Agreement — Whether French Conseil d'État retained jurisdiction in respect of administrative decisions of French authorities taken before trusteeship terminated — The law of France.