Human rights — Genocide — Definition of genocide — Convention for the Prevention and Punishment of the Crime of Genocide, 1948 — Actus reus of genocide — Mens rea — Specific intent to destroy protected group as such — Nature of intent — Proof — Whether existence of intent can be inferred from pattern of conduct — Relationship between genocide and other violations of humanitarian law and human rights — Ethnic cleansing — Responsibility for genocide — Complicity in genocide — Duty to prevent genocide — Duty to punish genocide — Whether including duty of co-operation with International Criminal Tribunal for the former Yugoslavia — Massacre at Srebrenica

International Court of Justice — Jurisdiction — Res judicata — Whether issue of jurisdiction implicitly determined at Preliminary Objections stage can be reopened at merits stage — Whether respondent State party to the Statute of the International Court of Justice at relevant time — Estoppel — Whether relevant — Provisional measures — Binding character of measures indicated before Court first stated that its measures had legal effect — Reparation for failure to comply with provisional measures — Evidence — Burden of proof — Standard of proof — Methods of proof — Relevance of findings by International Criminal Tribunal for the former Yugoslavia

International criminal law — Genocide — Definition of genocide — Obligations under Genocide Convention — Role of International Criminal Tribunal for the former Yugoslavia — Proof of genocide

International tribunals — International Criminal Tribunal for the former Yugoslavia — Duty of States to co-operate with Tribunal — Relationship to obligations under Article VI of the Genocide Convention — Relationship between International Court of Justice and International Criminal Tribunal for the former Yugoslavia

State responsibility — Attribution — Concept of de facto organs of State — Responsibility of State for acts of persons and groups under its effective control — Nature of effective control test — Whether requiring proof of control over specific operation — Whether general control sufficient — Complicity — Genocide — International Law Commission Articles on State Responsibility, Articles 4, 8 and 16

State succession — Distinction between successor State and continuing State — Yugoslavia — Claim by Federal Republic of Yugoslavia to be the continuation of the Socialist Federal Republic of Yugoslavia — Separation of Montenegro from State union of Serbia and Montenegro — Whether Serbia the continuation of the State union

War and armed conflict — War crimes — Crimes against humanity — Genocide — Conflict in Bosnia and Herzegovina 1992-5 — Massacre at Srebrenica

Relationship of international law and municipal law — Treaties — Effect in municipal law — Whether creating rights enforceable by individuals — Relevance of treaty as an aid to the interpretation of legislation — Convention for the Extension of Hong Kong, 1898 — Provisions regarding land tenure and respect for the law

Treaties — Application — By municipal courts — Whether treaty provisions give rise to rights enforceable by individuals — The law of Hong Kong

Belligerent Occupation — Nature of — Government-in-Exile — Legislation of — Validity of.

Belligerent Occupation — Respect for Private Rights — Spoliation — Recognition in Neutral States.

Recognition of Acts of Foreign States and Governments — Public Law of Foreign State — Public Law Aimed at Protecting Private Interests — Legislation to Restore Property Rights of Persons Dispossessed during Belligerent Occupation — Recognition in Third State — Belligerent Occupation — Government-in-Exile — Legislation of — Validity of.

International criminal law — War crimes — Crimes against humanity — Individual criminal responsibility — Statute of the Special Court for Sierra Leone, Articles 1, 2, 3, 4 and 6

International criminal law — Indictment of incumbent Head of State — International circulation of arrest warrant — Whether sovereignty of Ghana violated by transmission of arrest warrant

State immunity — Jurisdictional immunities — Head of State — Whether incumbent Head of State immune from prosecution by Special Court for Sierra Leone — Statute of the Special Court for Sierra Leone, Article 6(2) — Whether Article 6(2) of Statute in conflict with peremptory norm of international law

International tribunals — Special Court for Sierra Leone — Legal basis for establishment of Special Court — Whether Special Court part of judicial system of Sierra Leone — Consideration of treaty establishing Special Court — Consideration of role of Security Council — Whether absence of Chapter VII powers in the Special Court bears upon characterization of Special Court

International tribunals — Special Court for Sierra Leone — Procedure — Rules of Procedure and Evidence, Rules 72 and 73 — Motion to quash indictment and set aside arrest warrant — Whether claim of immunity raises issue of jurisdiction — Consideration of rules requiring accused to submit to jurisdiction before bringing preliminary motion — Discretionary exception to application of rules where accused is incumbent Head of State — Exercise of inherent power and discretion of Appeals Chamber

Expropriation — Taking of property — Breaches of contractual obligations — Contract between State and foreign company — Repudiation by State of its contractual obligations — Confiscation of property without proper notice — Proper law of agreement — Law of contracting State to be supplemented by international law — Convention for the Settlement of Investment Disputes between States and Nationals of Other States, 1965

Damages — For expropriation — Measure of damages — Damnum emergens and lucrum cessans — Amounts invested and lost due to confiscation — Loss of profits — Costs and expenses incurred

Arbitration — Arbitration between State and foreign company — ICSID arbitration — Jurisdiction of tribunal — Procedure in default of appearance by State — Applicable law

Arbitration — Jurisdiction — Bilateral investment treaty — Treaty between two Member States of the European Union — Whether provision for investor–State arbitration compatible with European Union law — Applicable law — Whether including European Union law — Nature of arbitration tribunal — Relationship with national courts and with Court of Justice of the European Union

Economics, trade and finance — Investment — Bilateral investment treaty — Treaty between two Member States of the European Union — Arbitration provision — Whether provision for arbitration of investor–State dispute compatible with European Union law

Treaties — Bilateral investment treaty — Agreement on Encouragement and Reciprocal Protection of Investments between the Kingdom of the Netherlands and the Czech and Slovak Federal Republic, 1991 — Whether investor–State dispute resolution provision providing for arbitration compatible with Treaty on the Functioning of the European Union, 2007

Relationship of international law and municipal law — European Union law — Double nature of European Union law as part of the law in force in every Member State and as deriving from an international agreement between the Member States — Relationship between rights accorded to investors under bilateral investment treaty and principles of European Union law — The law of the European Union

Dual nationality — Voluntary resumption by Israel national of former German nationality — Taking out of licence to practise as advocate in Israel and in Germany — Offences against German fiscal laws — Public policy.

Diplomatic and consular intercourse — Miscellaneous — Meaning of “diplomatic or consular representative of a foreign State” — Status of Israel Purchasing Mission in Cologne — Whether appropriate organ for transmission of request for judicial assistance in absence of diplomatic or consular relations — The law of Israel.

Recognition — Of States — Implied recognition — Effect of conclusion of bilateral agreement on reparation — Whether constituting mutual recognition — Agreement between Israel and Federal Republic of Germany concerning Reparation, 1952 — The law of Israel.

Human rights — Self-determination — Scope and extent — Right to self-determination in the context of an existing State — Whether part of the population of an existing State capable of constituting a “people” for the purpose of the right of self-determination — Internal and external self-determination — Whether international law recognizes a right of unilateral secession for part of the population of an existing State — Quebec — Whether population of Quebec or part thereof a “people” — Whether population of Quebec enjoying internal self-determination — Declaration of Principles of Friendly Relations between States 1970

Recognition — Of States — Of right of people to self-determination — Recognition as condonation of unlawful act — Whether likelihood of recognition of breakaway State means that there is a right to create such a State

Relationship of international law and municipal law — In general — Whether Supreme Court of Canada entitled to answer question regarding application of international law — International law as part of the law of Canada — Right of self-determination under Canadian law and international law

States — Creation and dissolution — Self-determination of groups within State — Whether conferring a right of unilateral secession — Relationship between right of self-determination and respect for territorial integrity of State — The law of Canada

Conclusiveness of the Statements of the Crown — Existence of a State of War.

War — Definition and Technical Meaning of War — Charterparty — Liberty to Cancel Charterparty if “war breaks out” — Interpretation of — Conclusiveness of Statements of the Executive

Human rights — Right to strike in public service — Treaty of Versailles, 1919, Part XIII — International Labour Organization Convention Concerning Freedom of Association and Protection of the Right to Organize, 1948 — Universal Declaration of Human Rights, 1948 — International Covenant on Economic, Social and Cultural Rights, 1966 — Alberta statute prohibiting strikes by employees in public service — Whether contrary to Canada’s international legal obligations — Public Service Employee Relations Act 1977

Sources of international law — Customary international law — Treaties — Custom as evidence of general practice — International conventions establishing rules expressly recognized by contesting States — Right to strike ensured to all employees including public employees except in essential services — Whether part of customary international law — Whether conventional international law — Treaty of Versailles, 1919, Part XIII — International Labour Organization Convention concerning Freedom of Association and Protection of the Right to Organize, 1948 — Universal Declaration of Human Rights, 1948 — United Nations Covenant on Economic, Social and Cultural Rights, 1966 — The law of Canada

Operation and Enforcement of Treaties — Interpretation of Municipal Legislation so as to Preserve Treaty Rights — Admission of Aliens.

Jurisdiction — Criminal jurisdiction — Location of offence — Offensive letters — Principles of subjective and objective territoriality — The law of the Netherlands.

International law — Relation to municipal law — " Law of nations" defined — Municipal statute conferring jurisdiction upon federal courts in actions by aliens for torts committed in violation of law of nations — Action by alien seeking custody of daughter from divorced wife — The law of nations as understood by courts in United States of America.

Environment — War — Nuclear weapons — Effect of use of nuclear weapons upon the environment — Treaties for the protection of the environment — Whether applicable to military operations in time of armed conflict — Relationship between international environmental law and the law of armed conflict — Principle 24, Rio Declaration — United Nations Environmental Modification Treaty, 1977 — Additional Protocol I, 1977, Article 35(3)

Human rights — War — Nuclear weapons — Whether human rights treaties applicable to military operations in time of armed conflict — Right to life — International Covenant on Civil and Political Rights, 1966 — Relationship between the law of human rights and the law of armed conflict

International Court of Justice — Advisory jurisdiction — Request by United Nations General Assembly — Request for advisory opinion concerning whether the use or threat of use of nuclear weapons permitted under international law — Whether within the jurisdiction of the Court — United Nations Charter, Article 96(1) — Discretion of Court not to reply to question — Statute of the Court, Article 65(1) — Whether question poses a legal question — Whether motives for asking the question relevant — Role of the Court in advisory proceedings

International criminal law — Genocide — Genocide Convention, 1948 — Nuclear weapons — Whether use of nuclear weapons would constitute offence of genocide

International organizations — United Nations — General Assembly — Competence — Security issues — Nuclear weapons — Role of the Assembly in view of involvement of the Security Council — Whether Assembly competent to request advisory opinion from the International Court of Justice — Resolutions of the General Assembly — Whether a source of law — Normative significance of resolutions in the light of the practice of States

Reprisals and countermeasures — Reprisals involving the use of force — Whether armed reprisals lawful in time of peace — Belligerent reprisals — Use of nuclear weapons — Threat to use nuclear weapons

Sources of international law — Custom — Requirements of custom — Importance of actual State practice — Persistent objector principle — Opinio juris — United Nations General Assembly resolutions — Normative significance — Resolutions on the use of nuclear weapons

War and armed conflict — Nuclear weapons — Whether use or threat to use nuclear weapons lawful — Applicable law — Relevance of law on the environment and human rights — Law regarding the use of force — Right of self-defence — Relationship between right of self-defence and law regulating the conduct of hostilities — Possible tension between law of armed conflict and right of self-defence — Restrictions on the right of self-defence — Proportionality and necessity — Concept of threat to use force — Principles of the law of armed conflict regarding weaponry and targets — Unnecessary suffering principle — Requirement that civilians and civilian objects should not be attacked — Principle of proportionality — Collateral damage — Prohibition of poison and poisoned weapons — Martens clause — Applicability to the use of nuclear weapons — Neutrality — Obligations of belligerents towards neutral States — Characteristics of nuclear weapons — Whether use of nuclear weapons ever reconcilable with law of armed conflict — Whether use of nuclear weapons lawful in extreme circumstances of self-defence

States as international persons — Composite and dependent States and territories — Dependent States — Colonies — Belgian Congo — Whether sharing jurisdictional immunity of Belgian State — Whether Belgian legislation providing for separate legal personality of Belgian Congo should be applied — The law of France.

State territory — In general — Acquisition of territorial sovereignty — Cession — Cession of Congo to Belgium in 1907 — Belgian legislation providing for separate legal personality of Belgian Congo — Whether Belgian Congo shared jurisdictional immunities of Belgian State — The law of France.

Jurisdiction — Territorial — Exemptions from and restrictions upon — Foreign States — Colonies — Belgian Congo — Whether sharing jurisdictional immunity of Belgian State — Whether Belgian legislation providing for separate legal personality of Belgian Congo must be applied — The law of France.

State Territory–Extension of–Vessels as National Territory–Trade–Marks–Use of Trade–Marks on National Ships in Foreign Port.

Treaties — Operation of — Buganda Agreement, 1955 — Interpretation of municipal legislation giving effect to Treaty — The law of Uganda.

International law — Relation to municipal law — Treaties — Treaty of Friendship, Commerce and Navigation between the United States and Italy, 1948 — Application to determination of priority of maritime lien of foreign supplier or preferred ship mortgage — Effect of municipal legislation — Consistency of legislation with Treaty — Later statute superseding prior treaty — The law of the United States of America.

Treaties — Operation of — Effect of municipal legislation — Treaty of Friendship, Commerce and Navigation between the United Statesand Italy, 1948 — Application to determination of priority of maritime lien of foreign supplier or preferred ship mortgage — As provided by municipal legislation — Consistency of legislation with Treaty — Later statute superseding prior treaty — The law of the United States of America.

State Succession — Succession to Obligations — Respect for Private Rights — Conquest — Status of Descendants of Semi-Independent Rulers in India — Conquest of Territories and Their Re-Grant to Ex-Rulers — Jagirdars as Ordinary Subjects of India — Eminent Domain.

Treaties — Interpretation — Literal Interpretation.