Sea — Piracy — Definition — Whether piracy capable of being committed within the territorial waters of a State — Geneva Convention on the High Seas, 1958, Article 19 — Differences between definition of piracy in international law and English law — Whether threat or use of force an essential element of piracy

Relationship of international law and municipal law — Customary international law — Piracy — Whether different definitions in international law and municipal law — The law of England

Human rights — Prohibition of torture — European Convention on Human Rights, 1950, Article 3 — Whether applicants facing real risk of treatment proscribed by Article 3 in Uzbekistan — Evidence — Assessment at date of extradition — Turkey failing to comply with interim measure indicated under Rule 39 — Court being prevented from assessing risk in appropriate manner — Whether Turkey violating Article 3

Human rights — Right to fair trial — European Convention on Human Rights, 1950, Article 6(1) — Whether applying to extradition proceedings in Turkey — Whether violation of Article 6(1) concerning criminal proceedings in Uzbekistan — Whether risk of flagrant denial of justice — Evidence at time of extradition — Unavailability of additional information — Turkey failing to comply with indication — Whether Turkey violating Article 6(1)

Human rights — Right of individual application — European Convention on Human Rights, 1950, Article 34 — Turkey failing to comply with measures indicated under Rule 39 of Rules of Court — Whether Turkey breaching its Article 34 undertaking not to hinder applicants in exercise of right of individual application

International tribunals — Interim measures — Scope — Whether binding — Convention system — General principles of international law — Vienna Convention on the Law of Treaties, 1969 — Relevant international case law — European Court of Human Rights, Rule 39 of Rules of Court

Jurisdiction — In general — Territorial — Territorial limits of jurisdiction — Extension of area subject to national jurisdiction — Jurisdiction determined by lex fori — Jurisdiction over immovable property outside State boundaries — Powers of court whose jurisdictional district extends over two territories possessing different jurisdictional laws — Authority of such court determined by law of territory where it sits — The status of Jerusalem — The law of Israel

Sovereign immunity — Public vessels — State-owned corporation — State shipping corporation — Collision in Mediterranean — Actions for damages to ship and cargo, death and personal injury — Whether action based upon commercial activity carried on in the United States — Whether action based upon State-owned corporation's worldwide shipping activities or upon single voyage — Whether collision causing direct effect in the United States — Waiver of immunity — Whether immunity waived by corporation filing conditional claim and answer to be considered only if plea of immunity failed — Foreign Sovereign Immunities Act 1976 — Treaties — Reservations — Status of objection to a reservation — Whether United States objection to a reservation to be taken as forming part of international agreement — The law of the United States

Sovereign immunity — Foreign States and State-controlled corporations — Contract of employment — Termination of — Action for wrongful dismissal — Whether foreign company under State control entitled to jurisdictional immunity — Acts iure gestionis and iure imperii — Franco-Algerian Protocol on judicial matters, 1962, Article 17 — The law of France

International organizations — United Nations Food and Agriculture Organization (“FAO”) — Admission of European Community as Member Organization — Continued membership of FAO by Member States of the European Community — Amendments to Constitution and General Rules of FAO to accommodate membership of both the European Community and its Member States — Procedure for exercise of voting rights within FAO — Requirement of prior notification to FAO as to whether the European Community or its Member States will vote on a particular subject — Requirement of unity in the international representation of the European Community — Obligation of close co-operation between the Member States and Community institutions — Inter-institutional Arrangement between Council and Commission of the European Community concerning the exercise of their respective rights within FAO — Council decision giving Member States the right to vote on adoption of agreement on conservation of fishing resources — Whether constituting a breach of Arrangement

Treaties — Treaty-making power — European Community — Treaty-making powers of the Community and its Member States — Division of competence — Community possessing power to adopt internal legislation on a particular subject — Parallel power to conclude international agreements — Common fisheries policy — Conclusion of international agreement within FAO on conservation of fishing resources — Whether agreement falling within scope of common fisheries policy and therefore a matter for Community rather than Member State competence

International organizations — European Community — Legality of acts of institutions — Action for annulment brought by Commission under Article 173 of EC Treaty — Dispute between Commission and Council concerning exercise of voting rights within FAO on adoption of fisheries agreement — Council decision giving Member States rather than the Commission the right to vote on adoption of agreement — Whether decision having legal effects — Whether decision adopted by Committee of Permanent Representatives of Member States or Council itself — Whether decision infringing powers of the Commission or purely a matter of procedure or protocol — Whether decision of Council could be subject to annulment even after vote taken in FAO and adoption of fisheries agreement

Sea — Fisheries — Fishing vessels — Flagging of fishing vessels — European Community and Member State competence — Conservation

Economics, trade and finance — FAO — Membership and participation by European Community — Conclusion of fisheries agreement — Whether falling within scope of Community's common fisheries policy — The law of the European Community

State responsibility — Claims — In general — Valuation of property — Remainderman's interest in real property subject to usufruct — Use of life and actuarial tables.

Arbitration — North American Free Trade Agreement, Chapter 11 — UNCITRAL arbitration — Jurisdiction — Investment disputes — Definition — Whether measure relating to trade in goods capable of being measure relating to an investment — Procedural requirements for bringing claim — Waiver of right to institute or continue national proceedings — Whether going to jurisdiction

Arbitration — North American Free Trade Agreement, Chapter 11 — UNCITRAL arbitration — Procedure and evidence — Claim of Crown privilege — Whether available before UNCITRAL arbitral tribunal — Whether State required to identify documents and produce reasoned submissions regarding their confidentiality — Whether UNCITRAL Tribunal empowered to compel production of documents — Scope of solicitor-client privilege — Claim — Amendment to claim

Economics, trade and finance — North American Free Trade Agreement — Aims and objectives — Interpretation — Relationship with general international law — Requirement of national treatment — Minimum standard of treatment — Performance requirements

Expropriation — Definition — North American Free Trade Agreement, Article 1110 — Measures tantamount to expropriation — Meaning — Whether extending beyond concept of expropriation in general international law — Creeping expropriation

International tribunals — Arbitration tribunal — UNCITRAL — North American Free Trade Agreement, Chapter 11 — Jurisdiction and powers — Procedure and evidence

State responsibility — Treatment of aliens — Investor protection — North American Free Trade Agreement, Chapter 11 — National treatment — Meaning of “like circumstances” — Minimum standard of treatment — Fair and equitable treatment — Full protection and security — Use of terms in bilateral investment treaties — Expropriation

Treaties — Interpretation — Principles of interpretation — Vienna Convention on the Law of Treaties, 1969, Articles 31 to 33 — Application to North American Free Trade Agreement

International Law — Relation to Municipal Law — Effect of Treaties which have not been made Part of Municipal Law — Rights of Individuals under Treaties — Construction of the Ashburton Treaty of 1842 between Great Britain and the United States — Interpretation of the Term “Free and Open” — Non-Discrimination against Aliens (Note)

Aliens — Refugees — United Nations Convention relating to the Status of Refugees, 1951 — Exclusion from definition of refugee — Article 1F(b) — Interpretation — Whether there were serious reasons for considering that the appellant committed a serious non-political crime — Whether there was a rational foundation for the inference that the appellant committed a serious non-political crime — Whether evidence was logically probative of serious reasons for considering that the appellant committed a serious non-political crime — The law of Australia

Prize Law — Contraband — Enemy Character of Cargo — Test of — Domicile or Nationality — Sale of Cargo after Capture — Whether Capable of being set up against Captor.

Aliens — Refugees — Refugee status — Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967 — Former member of Irish National Liberation Army (“INLA”) claiming refugee status — Fear of persecution by the INLA — Whether INLA “a particular social group” — UNHCR Handbook on Procedures and Criteria for Determining Refugee Status — Whether persecution feared must be by State — Whether involvement of State a sine qua non — Whether respondent unable to claim protection of all countries of nationality — Canada’s international legal obligations to refugees — Immigration Act 1976 — The law of Canada

Acquisition of Nationality — Resumption of Nationality of Origin — The Law of the United States.

Naturalization — Of Parents — The Children’s Right of Election — The Law of the United States.

Loss of Nationality — Effect upon Children — The Law of the United States.

Dual Nationality — Loss of Nationality — Effect upon Children — Resumption of Nationality of Origin — Effect upon Nationality of Children — Naturalization of Parents and the Children’s Right of Election — The Law of the United States.

Effect of Outbreak of War upon Contracts — Partnership — Duty of Partners toward Assets and Enemy Partners during War.

Jurisdiction — In general — Territorial — Territorial limits of jurisdiction — Conspiracy between aliens formed in foreign country to commit offence in England — Jurisdiction of English courts — Whether need for acts done in England in furtherance of the conspiracy — The law of England

Nationality — Naturalization — Effect on eligibility for naturalization of claim by resident alien to draft exemption pursuant to treaty provisions — Effect of withdrawal of claim and subsequent military service — The law of the United States of America.

War and armed conflict — Nuclear weapons — Whether possession and deployment of nuclear weapons contrary to international law — Whether constituting a threat to use force — Damage to property used in connection with deployment of nuclear weapons — Whether damage would be justified if deployment of nuclear weapons unlawful under international law

Relationship of international law and municipal law — Customary international law — Customary international law forming part of the law of Scotland — Whether content of customary international law can be proved by evidence — Whether customary international law capable of providing defence in criminal prosecution — The law of Scotland

Sea — Maritime boundaries — Continental shelf — Fishery zone — Principles regarding delimitation — Whether same principles applicable to shelf and zone — States concerned parties to Geneva Convention on the Continental Shelf, 1958 — 1958 Convention, Article 6 — Applicability to area falling outside definition of continental shelf in 1958 Convention, Article 1 — Relationship to customary international law — Opposite coasts — Median line as starting point — Special circumstances — Whether the same as relevant circumstances under customary law — Equity — Marked disparity in length of opposing coasts — Principle of proportionality — Other potentially relevant factors — Dependence on fisheries — Size of population — Security — Whether Court empowered to draw single line of delimitation for both continental shelf and fishery zones

Sea — Continental shelf — Juridical nature of continental shelf — Evolution of continental shelf regime — Definition of continental shelf — Declining importance of principle of natural prolongation — Proportionality between length of coast and area of continental shelf — Relationship between continental shelf, exclusive economic zone and fishery zone

Sea — Fisheries — Fishery zone — Nature — Whether legal concept — Relationship with exclusive economic zone — Delimitation between opposite States with overlapping claims to fishery zones — Principles of customary international law applicable to delimitation — Relationship with treaty principles regarding delimitation between overlapping continental shelf claims — Equidistance principle — Relevant circumstances — Equity

Sea — Islands — Entitlement to continental shelf and fishery zone — Greenland — Jan Mayen — Whether size, location or population of island relevant — Distinction between island and rock not entitled to maritime area

International Court of Justice — Jurisdiction — Optional clause — Maritime boundary dispute brought before Court under Article 36(2) of the Statute of the Court — Powers of the Court — Dispute relating to boundary between continental shelf areas and fishery zones — Whether Court empowered to draw single maritime boundary in absence of special agreement between the Parties

International Court of Justice — Judicial process — Law to be applied — Equitable principles — Application of equity distinguished from decision ex aequo et bono — Judicial discretion — Delimitation of maritime boundary

Sources of international law — Treaties — Customary international law — Relationship between treaty and custom — Principles of maritime boundary delimitation — Relationship between provisions of Geneva Convention on the Continental Shelf, 1958, Article 6 and customary law — Effect of United Nations Convention on the Law of the Sea, 1982, on customary international law — Equity as source of international law

Treaties — Application — Interpretation — Geneva Convention on the Continental Shelf, 1958, Article 6

International Law — Relation to Municipal Law — Operation of Treaties in United States — Constitutional Limitations on Treaty-making Power.

State Succession — Abrogation of Local Law — Respect for Private Property — Principles of General International Law.

Treaties — Treaty-making Power — Constitutional Limitations on.

Treaties — Operation of — Part of the Law of States Members of the United States — Treaty-making Power — Constitutional Limitations on — State Succession — Abrogation of Laws — Respect for Private Property — Principles of General International Law.

International Law — Relation to Municipal Law — Interpretation of Municipal Legislation in Light of International Law.

International Law — Relation to Municipal Law — Interpretation of Municipal Legislation in Light of International Law.

State Succession — Respect for Acquired Private Rights — Legislation of Successor State in Violation of — Interpretation Municipal Legislation in the Light of International Law.