International criminal law — Torture — Definition — Torture committed during armed conflict — Whether prohibition of torture a rule of jus cogens — Torture as a crime against humanity — United Nations Convention against Torture, 1984 — Rape and sexual assaults as forms of torture — Use of rape and sexual assault in interrogation — Liability of co-perpetrator and accomplice — Sentence

International criminal law — War crimes — Crimes against humanity — Definition — Requirement of armed conflict — Nexus to armed conflict — Relationship between war crimes and crimes against humanity

International criminal law — Individual responsibility — Co-perpetrator — Accomplice — Requirements for accomplice liability

International tribunals — International Criminal Tribunal for the Former Yugoslavia — Procedure — Sentencing — Appeals — Judges — Impartiality

Human rights — Fair trial — Right to hearing before independent and impartial tribunal — Principle that no man should be judge in his own cause — Scope and application — Judge having been member of United Nations Commission on the Status of Women — Commission condemning practice of rape and sexual assault in conflicts in the former Yugoslavia — Whether judge disqualified from hearing case involving allegations of rape and sexual assault in Bosnia

War and armed conflict — Armed conflict — Definition — Conflict between Bosnian Croats and Bosnian Moslems — Status — War crimes — Grave breaches of the Geneva Conventions

International law — Sources — General principles of law — Fundamental legal concepts — Whether including principle of nondiscrimination — Norms of human rights — Jus cogens.

International Law — Sources — Law — making treaties — Charter of United Nations — Constitution of I.L.O. — Genocide Convention Customary international law — Formation of — Resolutions of international organizations as factor in creation of customary rules .

Mandates — Jurisdictional clause — Whether conferring substantive rights on Members of League — Whether such rights conferred by “conduct” provisions of Mandate — Rights of Members of League Council under Minorities Treaties compared — Meaning of “Members of the League” — Literal interpretation of jurisdictional clause.

International Court of Justice — Contentious jurisdiction — Judgment — Individual opinions — Nature and extent of Judge's right to give individual opinion — Article 57 of Statute — Judgment based on antecedent issues of merits — Whether individual opinions may deal with ultimate merits.

International Court of Justice — Contentious jurisdiction — Judgment — Judgment on preliminary objections — Whether constituting res judicata — Whether “final” within Article 60 of Statute — Res judicata as binding the Court — Whether Judgments separable into operative parts and reasons — Distinction between preliminary objections and merits — Antecedent questions — Legal right or interest of applicants in subject-matter of claim — Distinction between such right or interest and locus standi.

Mandates — ”Special interests“ provisions and ”conduct“ provisions — Legal interest of individual Members of League in ”conduct“ provisions — Mandates as ”sacred trust“ — Whether this imports legal interest — Effect of dissolution of League — Whether rights of League devolved upon individual States — Effect of declarations by Mandatories at time of dissolution — Contentious litigation based on Mandate — Requirement of legal right or interest vis-à-vis Mandatory.

Treaties — Special kinds of — Most-favoured-nation clause — Aliens — Discrimination as to workmen’s compensation benefits — Under treaty — The law of the United States of America.

Aliens — Position of — Treatment by and responsibilities of receiving State — Under treaty — Alien employee — Discrimination as to workmen's compensation benefits — Treaty governing right of alien to inherit — Most-favoured-nation clause — The law of the United States of America.

Treaties — Application — Obligation of good faith — Duty not to defeat object and purpose of treaty prior to its entry into force — Whether constituting a rule of customary international law — Vienna Convention on the Law of Treaties, 1969, Article 18 — Whether binding on the European Community — Whether preventing adoption by the European Community of a measure contrary to international agreement concluded by the Community which has not yet entered into force — Principle of legitimate expectations under Community law — Whether corollary of principle of good faith under international law

Treaties — Effect in municipal law — Agreements between the European Community and third States — Direct effect of provisions — Conditions — European Economic Area Agreement, 1991 (“EEA Agreement”) — Article 10 — Whether containing unconditional and precise obligation

Treaties — Interpretation — EEA Agreement — Article 6 — Requirement that provisions identical in substance to EC Treaty provisions should be interpreted in conformity with previous case-law of the Court of Justice of the European Communities — Application to rules concerning free movement of goods — EC Treaty, Articles 9 and 12 — EEA Agreement, Article 10

International organizations — European Community — Legality of measures enacted by institutions — Application to Court of Justice of European Communities for annulment of regulation under Article 173 of EC Treaty — Whether legality to be assessed at date of adoption or date of entry into force of measure — Principle of legal certainty — Whether infringed by backdating of publication of regulation in official journal — The law of the European Community

The individual in international law — Nationality — Naturalization — Acquisition of nationality by naturalization — Residence — Meaning of residence — Necessity of physical presence — The law of Canada

Human rights — Crimes against humanity — Scope of concept of crimes against humanity — Widespread or systematic attack against civilian population — Persecution as a crime against humanity

International criminal law — Individual criminal responsibility — Command responsibility — Statute of the International Criminal Tribunal for the Former Yugoslavia, Article 7(1) and (3) — Position of command — De facto and de jure command authority — Concepts of planning and instigating offences — Aiding and abetting — Degree of participation required

International criminal law — Grave breaches of the Geneva Conventions — Statute of the International Criminal Tribunal for the Former Yugoslavia, Article 2 — Requirement of an international armed conflict — Requirement that victims be protected persons — Whether nationality or ethnic origin of victim decisive for these purposes — Elements of crimes

International criminal law — War crimes — Statute of the International Criminal Tribunal for the Former Yugoslavia, Article 3 — Elements of crimes — Attacks upon civilian population

International criminal law — Crimes against humanity — Statute of the International Criminal Tribunal for the Former Yugoslavia, Article 5 — Elements of crimes — Requirement of nexus with armed conflict — Widespread or systematic attack against civilian population — Definition of civilian — Former combatants — Presence of combatants within civilian population — Mens rea

International criminal law — Sentence — Relevant considerations — Age of accused and position of command — Gravity of offences

International tribunals — International Criminal Tribunal for the Former Yugoslavia — Jurisdiction — Procedure — Sentencing powers — Appropriate sentence

War and armed conflict — Armed conflict — Definition — Distinction between internal and international armed conflict — Conflict between Bosnian Government forces and Bosnian Croat forces — Involvement of the armed forces of the Republic of Croatia — Whether conflict international

War and armed conflict — Geneva Conventions — Interpretation — Common Article 3 — Whether reflecting customary international law — Whether violations of common Article 3 involving individual criminal responsibility

International law in general — Sources — General and customary international law — Equity — Application of equitable principles and adjudication ex aequo et bono distinguished.

Treaties — Conclusion and operation of — Signature — Accession and adhesion — Whether acceptance by conduct.

Treaties — Conclusion and operation of — Effect of treaties on third parties — Geneva Convention on Continental Shelf, 1958 (Article 6(2)) — Whether applicable to State which has not ratified it — Whether accepted by conduct — Whether representing general or customary international law.

Treaties — Interpretation of — Principles and rules of — Interpretation by reference to purpose of treaty — European Convention on Human Rights, 1950 (Articles 5 (3), 5 (4) and 6 (1)).

Treaties — Interpretation of — Consideration of preparatory work — Geneva Convention on Continental Shelf, 1958 (Article 6 (2))Whether representing general or customary international law.

Disputes — International Court of Justice — Contentious jurisdiction — The law applicable — Equity — Application of equitable principles distinguished from adjudication ex aequo et bono.

State territory — Parts of — Continental shelf — Boundaries — Adjacent States — Delimitation — Principles of — Geneva Convention on Continental Shelf, 1958 (Article 6 (2)) — Equidistance method of delimitation — Whether applicable to State which has not ratified Convention — Whether general or customary international law Delimitation by agreement in accordance with equitable principles — Factors to be taken into account.

Human rights — European Convention on Human Rights, 1950 — Preliminary objections on admissibility — Exhaustion of local remedies — Whether necessary to await the outcome of proceedings relating to the same subject-matter but commenced by others before different types of courts prior to instituting proceedings before the Convention institutions

Human rights — European Convention on Human Rights, 1950 — Right to respect for private and family life and home — Failure of local authorities to secure applicant's rights by terminating nuisance caused by waste-treatment plant — Interference by a public authority with the exercise of the right — State's margin of appreciation — Article 8 of the Convention

Human rights — European Convention on Human Rights, 1950 — Prohibition of degrading treatment — Whether living for years beside a waste-treatment plant amounting to degrading treatment — Article 3 of the Convention

Consuls — Immunity of Consular Premises — Immunity from Taxation under Treaty — Immunity in Time of War

Treaties — Interpretation of — Agencies of Interpretation — Statement of Executive.

War — Effects of Outbreak of — On Treaties — Treaty Relating to Immunity from Taxation of Property Owned by Governments — Effect of Trading With the Enemy Act — The Law of the United States of America.

Aliens — Positlon of — Capacity to take real estate by descent — Treaties of establishment and of friendship, commerce and navigation — Interpretation of — Intention of Parties — Preamble as evidence of — Interpretation placed on treaty by one Party — Effective date of treaty.

Treaties — Conclusion and operation of — Entry into force — Whether treaty effective as from signature or ratification — Whether affecting rights of individuals — Interpretation of treaties — Principles and rules of — Intention of Parties — Interpretation placed on treaty by one Party — Aliens — Capacity to take real estate by descent.

Treaties — Interpretation of — Principles and rules of — Intention of Parties — Preamble as evidence of — Interpretation placed on Treaty by one Party — Effective date of Treaty — Aliens — Capacity to take real estate by descent

Belligerent Occupation — Legislative and Administrative Powers of Occupant — Officials — Appointment Contrary to Law of Occupied State — Validity of — Tenure of Office after Cessation of Occupation — The Law of Italy.

Recognition — of Governments — Effect of non-recognition — Conclusiveness of determination of Executive — Nationalist and Communist Governments of China — Possession and control of State-owned vessels — Barratry.

Neutrality — In General — The United States Neutrality Act of 1939 — Contracts Made in Violation of the Act.

Dependent States — Status of — The Philippine Islands — Inhabitants of — Whether Citizens of the United States — United States Neutrality Act of 1939 — Whether Extending to Philippine Islands — Validity of Contracts Made in Violation of the Neutrality Law.

Aliens — Deportation — Deportation for criminal offences of alien who had always lived in Respondent State — Limits on rights of States to deport aliens — Human rights — Right to respect for family life

Human rights — Right to respect for family life — Whether deportation an interference with right to respect for family life — Whether deportation in accordance with the law and in pursuit of a legitimate aim — Whether deportation necessary in a democratic society — Requirements of a pressing social need and proportionality to the legitimate aim pursued — Seriousness of criminal record — Serious disability of applicant — Applicant’s need for support from his family — Nationality of the applicant’s family — Length of residence in Respondent State and inability to communicate in Arabic — European Convention on Human Rights, 1950, Article 8

State immunity — Jurisdictional immunity — Head of State immunity — Foreign official immunity — Claims for immunity under common law — United States State Department Statement of Interest — Whether position of United States State Department determinative — Whether entitlement to foreign official immunity for jus cogens violations

Relationship of international law and municipal law — Customary international law — Common law of foreign sovereign immunity — Foreign Sovereign Immunities Act 1976 — Whether entitlement to foreign official immunity for jus cogens violations — Whether immunity under Torture Victim Protection Act 1991 — The law of the United States of America

Treaties — Operation and enforcement of — Effect on existing municipal law — Provisions of criminal law relating to unauthorized sale or reproduction of copyright work — Effect of Universal Copyright Convention, 1951 — Whether protection under Convention can be invoked in absence of proof of cession of author's rights — The law of Argentina.

British Commonwealth of Nations — Whether Revenue Laws of One Member Enforceable in Courts of Another — Indian Tax Claim against Liquidator of English Company — Action by Government of India in English Courts.

Jurisdiction — Enforcement of Revenue Laws — Whether Enforceable by Action in Courts of Another State — Whether Rule Different in the British Commonwealth of Nations — Tax Claim by Indian Government against Liquidator of English Company — Whether Actionable in English Courts — Whether Alternatively Recoverable as “Liability” of Company in Voluntary Liquidation.

International law — Relation to municipal law — Treaties — Consistency of statute with treaty — General Agreement on Tariffs and Trade — “Buy American”Act of state of United States of America — Supremacy of federal treaty and agreements — Interpretation of“national treatment”provisions — The law of the United States of America.

Treaties — Special kinds of — General Agreement on Tariffs and Trade — Interpretation of " national treatment" provisions — Consistency therewith of " Buy American " act of a state — The law of the United States of America.

Treaties — Operation of — Effect of municipal legislation — Provisions of General Agreement on Tariffs and Trade requiring national treatment for products of one Contracting Party in territory of another — Consistency therewith of “Buy American” Act of a state — Supremacy of federal treaty and agreements — Interpretation of “national treatment” provisions — The law of the United States of America.

Human rights — Right to self-determination — Right to dispose of natural wealth and resources — Lands claimed by Indian band expropriated for commercial exploitation — Band claiming violation of right to self-determination — Whether claim admissible — Right to enjoy own culture — Historical inequities and recent developments threatening way of life and culture of Indian band — Whether violation of rights of individual members of band — International Covenant on Civil and Political Rights, 1966, Articles 1 and 27

International tribunals — United Nations Human Rights Committee — Competence — Standing — Chief claiming denial of right of self-determination on behalf of Indian band — Whether claim by “peoples” admissible — Whether facts establishing violation of individual rights — Right of individuals to bring claim as group — Optional Protocol to the International Covenant on Civil and Political Rights, 1966

State Responsibility — Damages — Measure of Damages — Calculation of Damages.

War — Effects of Outbreak of — On Enemy Subjects with regard to Their Property — Sequestration and Sale of Enemy Property — Compensation under Provisions in Peace Treaty.

Peace Treaties — Performance of — Restitution and Reparation Provisions — Sequestration and Sale of Goods — Whether Constituting a Loss as a Result of the War.

State Responsibility — For Acts and Omissions of State Organs and Officials — Sale of Goods by Custodian of Enemy Property — Sale of Goods After Sequestration — Measure of Damages — Calculation of Damages.