Effects of Outbreak of War on Treaties — Treaties of Commerce.

Treaties — Interpretation — Alleged Inconsistency with ondre public — Superior Obligation of Treaty.

Sovereign immunity — Immunity from attachment — Property of central bank — Whether Central Bank of Nigeria entitled to immunity from suit or attachment — Mareva injunction — Whether available to restrain central bank from removing funds from the jurisdiction — United Kingdom State Immunity Act 1978 — Whether retroactive — Whether combined effect of United Kingdom legislation and United States Foreign Sovereign Immunities Act 1976 has changed international law

International law in general — Sources — State practice — Legislation — Effect of legislation by United Kingdom and United States on content of customary international law — Relationship of international law and municipal law — Duty of court to apply current rules of international law — The law of England

International Law — Relation to Municipal Law — Recognition of Acts of Foreign Governments Contrary to International Law — Expropriation without Compensation — Nationalization.

Recognition of Acts of Foreign States and Governments — Acts Contrary to International Law — Expropriation and Confiscation.

Aliens — Treatment of — Property of Aliens — Expropriation without Compensation — Expropriation by Iran of Property of Anglo-Iranian Oil Co. — Confiscatory Nature of the Expropriation — Question of Validity of Decree Purporting to Deprive an Alien of his Property — Purported Transfer of Title by Expropriating State — Nature of Concession Agreement — Whether a Treaty — Recognition of Acts of Foreign Governments Contrary to International Law — National Constitution — Right to Adjudicate on Validity of Foreign Nationalization Law — Presumption in favour of Conformity with International Law — Nationalization of Expropriated Oil Already Extracted when Nationalization Law Came into Force — Ownership of Expropriated Oil — International Law — Relation to Municipal Law — The Law of Japan.

International tribunals — European Court of Human Rights — Competence — Whether excluding certain types of rules or measures by a State — Whether examination of provisions of a State’s Constitution by European Court of Human Rights permitted — Whether European Court of Human Rights reviewing provisions of national legislation in abstracto — Whether European Court of Human Rights examining particular effect of provisions on applicant’s rights in concreto

International tribunals — European Court of Human Rights — Admissibility criteria — Article 35 of European Convention on Human Rights, 1950 — Exhaustion of domestic remedies — Whether referral to President of Russia and State Duma constituting adequate and effective remedy — Six months’ time limit — Whether starting from cessation of a continuing situation

Human rights — Right to vote and stand for election — Article 3 of Protocol No 1 to European Convention on Human Rights, 1950 — Whether Article applicable to elections of Head of State — Limitations of right — Margin of appreciation — Whether disenfranchisement of all convicted prisoners falling outside any permissible margin of appreciation — Article 32(3) of Russian Constitution

Diplomatic Immunity — Member of Embassy Staff — Waiver of Immunity — Withdrawal of Waiver — The Law of Argentina.

Sovereign immunity — Foreign State — Service of process upon foreign government — Service upon Embassy — Service upon Ministry of External Relations — Diplomatic immunity — Whether service of process by post likely to jeopardize friendly relations — The law of the United States

Sovereign immunity — Foreign States — Service of process on foreign States — Foreign Sovereign Immunities Act 1976 — The law of the United States

Governments — Recognition — Policy of not granting or withholding recognition of governments — United Kingdom policy statement of April 1980 — Whether adopted by the Government of New Zealand — Coup d'état in Fiji — Whether new regime in Fiji the Government of Fiji — Lease of premises in New Zealand to the Government of Fiji for use as premises of diplomatic mission — Whether new regime in Fiji entitled to continue in possession of premises — Whether Attorney-General in new Government of Fiji possessing locus standi in New Zealand courts — Executive certificate — Whether New Zealand and Fiji still having dealings on Government to Government basis — Diplomatic relations between the two States not severed — Whether implied recognition

Recognition — Governments — Policy of not granting or withholding recognition of governments — Dealings on government to government basis — Whether implied recognition

Relationship of international law and municipal law — Executive statements — Recognition of States and governments — Certificate stating nature of dealings with new regime in foreign State but not taking position on recognition — Role of the courts in interpreting certificate — Whether the courts able to consider evidence contrary to certificate — The law of New Zealand

Economics, trade and finance — Investment protection — Investment — Agreement of 1997 between the Swiss Confederation and the Republic of the Philippines on the Promotion and Reciprocal Protection of Investments (“BIT”) — Article 2 — Investment “in the territory” of a Contracting Party — Contract for the provision of services — Performance mostly outside the territory of the host State — Whether an investment in its territory — Part of performance taking place in the host State

Economics, trade and finance — Investment protection — Umbrella clause in investment treaty — Obligation imposed by “umbrella clause” in respect of contractual obligations — Obligation on Philippines to pay monies owing pursuant to contract — Whether enforceable through ICSID arbitration — Effect of exclusive forum clause in the contract

Economics, trade and finance — Investment protection — Expropriation — Whether non-payment of contract debt capable of constituting expropriation

Arbitration — ICSID — Jurisdiction — BIT — Provision for settlement of investment disputes — Whether extending to dispute over breach of contract where no allegation of breach of treaty — Contract containing exclusive forum clause — Whether depriving ICSID tribunal of jurisdiction — Whether requiring stay of proceedings — Essentially contractual claim — Proceedings stayed pending determination of amount payable under terms of CISS Agreement

Arbitration — Procedure — ICSID Arbitration Rules, Article 19 — Stay of proceedings — Exclusive jurisdiction clause binding on parties and applicable to claim — Proceedings stayed pending determination of amount payable

Expropriation — BIT — Article 6 — Whether refusal to pay monies owed under contract amounts to expropriation of property — Mere non-payment of invoices where amount owing is in dispute does not amount to expropriation under terms of BIT

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

Nationality — Expatriation — Through desertion — As result of conviction by court-matrial — Denationalization as punishment — Statelessness — Consequences of — The law of the United States of America.

State responsibility — American Convention on Human Rights, 1969 — Obligation to respect rights and domestic legal effects — Articles 1(1) and 2 as basis for international State responsibility — American Convention on Human Rights as lex specialis vis-à-vis general international law — State responsibility for actions and omissions by public authorities and private individuals — International humanitarian law — Article 3 of 1949 Geneva Conventions and Additional Protocol II — Interpretation of American Convention on Human Rights — State obligations to protect civilians in non-international armed conflict

Human rights — Right to life — Right to humane treatment — Right to personal liberty — Obligation to respect rights — American Convention on Human Rights, 1969 — Condition to ensure right to life — Duty to investigate violations of that right — Non-identification of victims as result of massacre and grave lack of compliance with State’s duty to protect — No limitation of victims to those identified — Right to humane treatment of family members — No evidence required of grave impact on emotional well-being — Whether Colombia violating Articles 4, 5 and 7, in relation to Article 1(1) of American Convention on Human Rights

Human rights — Rights of the child — American Convention on Human Rights, 1969, Article 19 — Scope of this right — Convention on the Rights of the Child, 1989, Articles 6, 37, 38 and 39, and Additional Protocol II to the 1949 Geneva Conventions — Interpretation of American Convention on Human Rights — International corpus juris for child protection — Special vulnerability of children in domestic armed conflict — Whether Colombia violating Article 19, in relation to Article 1(1) of American Convention on Human Rights

Human rights — Right to freedom of movement and residence — Differentiated situation of displaced persons — State obligation of preferential treatment and positive steps to reverse effects — Evolutive interpretation of Article 22(1) of American Convention on Human Rights, 1969 — Right to not be forcefully displaced within a State Party — Whether Colombia violating Article 22, in relation to Article 1(1) of American Convention on Human Rights

Human rights — Right to fair trial and right to judicial protection — American Convention on Human Rights, 1969, Articles 8 and 25 — Restrictive and exceptional scope of military criminal jurisdiction — Assessment of effectiveness of domestic administrative proceedings — Result of administrative proceedings taken into account in reparations — Criteria — Length of criminal proceedings — Complexity — Procedural activity of interested party — Conduct of judicial authorities — Pertinence of criteria depending on circumstances of case — State duty to start investigations promptly and ex officio — Procedural activity of interested parties not decisive if limited as result of threats and displacement — Complexity of case linked to acts and omissions by State — Whether Colombia violating Articles 8 and 25, in relation to Article 1(1) of American Convention on Human Rights

International tribunals — Inter-American Court of Human Rights — Preliminary objections by Colombia — Exhaustion of domestic remedies — American Convention on Human Rights, 1969, Article 46 — Content of preliminary objection tied to merits of case — Loss of “preliminary nature” — Partial acknowledgement of international responsibility — Competence of Court — Judgment on Preliminary Objections — Judgment on Merits, Reparations and Costs

Damages — Reparations — Monetary and other — Colombia to investigate liability of masterminds, direct perpetrators, collaborators and those who acquiesced to massacre — Colombia individually to identify executed and disappeared victims and family members — Colombia to establish mechanism with victim representation for compliance with reparations — Colombia to provide treatment to family members of victims as long as necessary and without cost — Colombia to ensure security conditions for displaced family members and inhabitants to enable their return — Colombia to build a monument in remembrance of massacre — Colombia to implement permanent education programme on human rights and international humanitarian law for Colombian Armed Forces — American Convention on Human Rights, 1969, Article 63(1)

War and neutrality — War in general — Definition and technical meaning of war — Franco-British military operations on territory of U.A.R. in 1956 — Whether acts of war — Whether French nationals entitled to compensation from State for resulting loss of property in Egypt — Zürich Agreements of 1958 — Whether French nationals with property in Egypt entitled to compensation for alleged inadequacy of provisions — The law of France

Human rights — Discrimination — Sex discrimination — Convention on the Elimination of All Forms of Discrimination Against Women, 1979 — Background and objects — Concept of discrimination under Convention — Whether requiring denial of equality of treatment in relation to men — Application to distinctions made on basis of marital status — Articles 1 and 5 (a) — The law of Australia

Jurisdiction — Territorial — Exemptions from — Foreign States — Shipping company owned by foreign State — Investigation of alleged restrictive practices by — Production of documents under court order — The law of the United States of America.

Treaties — Special kinds of — Commercial treaties — Treaties of friendship, commerce and navigation — Between the United States and Japan — Between the United States and the Netherlands — Treatment of restrictive practices under — Provisions concerning consultation, freedom of commerce and equitable treatment of foreign nationals — Investigation by grand jury — Shipping conferences and agreements between shipping companies — Production of documents under court order — The law of the United States of America.

Jurisdiction — Territorial — Activity and impact within State asserting jurisdiction — Monopolistic practices — Investigation of, by grand jury — Shipping conferences and agreements between shipping companies — Shipment between foreign States — Production of documents — By foreign and domestic companies — Shipping company owned by foreign Government — Sovereign immunity of — Treaties of Friendship, Commerce and Navigation — Provisions regarding consultation concerning restrictive practices, freedom of commerce and equitable treatment of foreign nationals — Production of documents in violation of foreign law — The law of the United States of America.

Administrative Act of Occupying Power — Appointment of Judge — Lack of Authority — National Courts without Jurisdiction on Appeal.

Military Occupation — Judgments of Courts Set Up by the Occupant — Incompatibility with Constitutional Laws.

Extradition — In General — Extradition from Country Having Concurrent Jurisdiction — Locality of the Crime — Place of Causation and Place of Effect.

State immunity — Head of State — Scope of immunity from criminal jurisdiction — Whether absolute — Whether differing from scope of immunity from civil jurisdiction — Waiver — Conditions — Rules of customary international law — Vienna Convention on Diplomatic Relations, 1961, Article 32 — Application to head of State by analogy

State immunity — Head of State — Former head of State — Whether entitled to immunity from the criminal jurisdiction of courts in other States — Whether immunity subsisting in relation to acts performed in exercise of functions — Rules of customary international law — Vienna Convention on Diplomatic Relations, 1961, Article 39 — Application to head of State by analogy — The law of Switzerland