International Court of Justice — Provisional measures of protection — Criteria — Prima facie basis for jurisdiction — Plausibility of rights — Link between rights to be protected and measures sought — Risk of irreparable harm — Court free to order different measures from those requested — Binding nature of provisional measures — Relationship between measures and proceedings before different international tribunal — Seizure by one party to arbitration of legal documents from legal adviser of other party — Whether plausible right to confidentiality — Whether need to protect — Undertaking by Attorney-General of seizing State — Presumption of good faith — Whether undertaking affording sufficient protection — Power to modify Order for Provisional Measures — Rules of Court, Article 76 — Removal of case from List

International tribunals — Conduct of proceedings — Good faith — Equality of parties — Confidentiality of communications between party and its legal advisers — Seizure by other party of material resulting from those communications — Whether contrary to international law — Seized material relating to arbitration between two States — Material having national security implications for seizing State — Whether material concerning commission of criminal offence by former official of seizing State

General principles of international law — Confidentiality of communications between State and its legal advisers — Seizure by other State of material resulting from such communications — Legal professional privilege — Sovereign equality of States — Equality of parties in international litigation — Good faith

Arbitration — Jurisdiction — United Nations Convention on the Law of the Sea, 1982 — Part XV and Annex VII — Dispute Settlement Mechanism — Existence of a dispute — UNCLOS Article 288(1) — Extent of jurisdiction — Whether extending to allegations of breaches of human rights

Arbitration — Admissibility — United Nations Convention on the Law of the Sea, 1982 — Part XV and Annex VII — Standing of flag State to invoke responsibility of coastal State — UNCLOS Article 49(3) — Diplomatic protection — Exhaustion of local remedies — Whether applicant’s claims being preponderantly for direct or indirect injury — Effect of settlement agreement between respondent and third party — Requirement to exchange views — UNCLOS Article 283

Arbitration — Applicable law — United Nations Convention on the Law of the Sea, 1982 — Part XV and Annex VII — Whether arbitration tribunal empowered to apply international human rights law — UNCLOS Article 293 — Requirement of reasonableness — Necessity and proportionality — UNCLOS Article 300 — Good faith — Abuse of rights

Damages — Compensation — Material damage for lost earnings, value of cargo, payment to secure release of vessel, vessel repairs, classification expenses, administrative expenses, reputational losses — Non-material damage for prosecution and detention of persons — Quantum of compensation deferred — Declaratory judgment — Finding of wrongful conduct — No formal apology required

Environment — Marine pollution — UNCLOS Article 225 — Risk to marine environment — Ship-to-ship transfer of oil

Sea — Archipelagic waters — UNCLOS Article 49(3) — Sovereignty of coastal State — Right of coastal State to enforce domestic law — Measures must be reasonable — Principles of necessity and proportionality apply

Sea — Arrest and detention of vessel — UNCLOS Article 94 — Right of flag State to notice of arrest and detention

Sea — Innocent passage — UNCLOS Article 25(1) — Right of coastal State to prevent non-innocent passage — Inapplicability to vessel not engaged in passage

Sea — Territorial sea — UNCLOS Articles 2(3) and 49(3) — Distinction between enforcement jurisdiction of coastal State in territorial sea and in archipelagic waters

Human rights — Equality in protection of law — Right to life — Right to be heard by competent national courts — Right to freedom of expression in respect of journalists — Enhanced apprehension in media circles to exercise their rights to freedom of expression — Obligation of States to adopt legislative measures to protect rights under African Charter on Human and Peoples’ Rights, 1981 — Obligation of States to adopt measures other than legislative measures — Whether respondent State’s failure to identify and try assassins violating Articles 1, 3, 4, 7 and 9 of African Charter on Human and Peoples’ Rights, 1981 — Articles 2(3), 6(1), 14 and 19(2) of the International Covenant on Civil and Political Rights, 1966 — Article 66.2(c) of Revised Treaty of the Economic Community of West African States, 1993 — Article 8 of Universal Declaration of Human Rights, 1948

International tribunals — African Court on Human and Peoples’ Rights — Admissibility of application — Failure to appeal to Burkina Faso’s Cour de Cassation — Exhaustion of local remedies — Exception to the rule on exhaustion — Unduly prolonged local procedures

Damages — Reparations — Quantification — Pecuniary damages for moral prejudice — Natural persons applicants — Notion of victim — Evidence required before international court — Article 26(2) of Protocol — Causal link between wrongful act and moral prejudice — Legal entity — Material prejudice — Fees and expenses — Measures of satisfaction — Cessation of violation — Repairing consequences of violation of Article 7 of African Charter on Human and Peoples’ Rights, 1981

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

Human rights — Self-determination — Non-self-governing territories — Western Sahara — Moroccan claim to sovereignty — International non-recognition — National liberation movements — Front Polisario — Extent of recognition by United Nations — Principle of permanent sovereignty over natural resources — Agreement between European Union and Morocco — Decision of the Council of the European Union — Whether Council obliged to consult Front Polisario before adopting decision — Whether Council obliged to ensure the implementation of agreement not infringing fundamental rights of population of Western Sahara — Human rights under European Union law — Whether applicable to Western Sahara — Whether Front Polisario possessing legal personality

International organizations — European Union — Rights and obligations under international law — Agreement between European Union and Morocco — Whether European Union obliges to respect general international law regarding Western Sahara — Scope of European Union human rights law — Whether agreement between European Union and Morocco extending to Western Sahara — Standing of Front Polisario to challenge decision of Council of the European Union regarding Agreement

States — Sovereignty — Extent of sovereignty — Morocco — Western Sahara — International recognition of Western Sahara as a non-self-governing territory — Whether agreement between Morocco and European Union applicable to Western Sahara

Territory — Non-self-governing territory — Western Sahara — Claims by Morocco — International recognition — Status of Western Sahara before United Nations

Treaties — Application — Scope — Principle that treaty not applicable to third parties — Agreement between European Union and Morocco — Whether applicable to Western Sahara — Whether Western Sahara a third party — The law of the European Union

Human rights — Rule of law — Whether acts of Ugandan Government violating principles of rule of law — Interference by security agents in judicial process — Failure to release prisoners following grant of bail — Failure to release following decision of Constitutional Court — Enforcement of human rights — International organizations — Duties — East African Community — Whether Secretary-General under obligation to take action regarding human rights violations

International organizations — Functions and goals — East African Community — Objectives — Rule of law — Whether Community and its organs under obligation to promote rule of law — Scope of obligation — Treaty for the Establishment of the East African Community, 1999 — Interpretation — Scope — Relationship to human rights treaties

International tribunals — East African Court of Justice — Jurisdiction — Human rights — Jurisdiction limited to interpretation and enforcement of the Treaty for the Establishment of the East African Community, 1999 — Rule of law — Whether Court empowered to inquire into failure to respect the rule of law

Human rights — Discrimination — Right to liberty — Right to a fair and just administrative action — Right to information — Freedom of association — Freedom of assembly — Freedom of movement — Treaty for the Establishment of the East African Community — Whether human rights standards embodied in Treaty

International organizations — Functions and goals — East African Community — Objectives — Freedom of movement — Human rights — Scope of obligations — Treaty for the Establishment of the East African Community, 1999 — Interpretation — Scope — Relationship to human rights treaties

International tribunals — East African Court of Justice — Jurisdiction — Human rights — Jurisdiction limited to interpretation and enforcement of the Treaty for the Establishment of the East African Community, 1999 — Whether Court empowered to inquire into alleged violations of Treaty which involve human rights

Relationship of international law and municipal law — Treaties — Effects in municipal law — Treaty for the Establishment of the East African Community, 1999 — Precedence of Treaty over municipal law of Partner States — Uganda Citizenship and Immigration Control Act, 1999 — Whether Immigration Act contravening EAC Treaty

Human rights — Detention — Right to a hearing — Extradition cases — Whether author’s detention pending extradition arbitrary — International Covenant on Civil and Political Rights, 1966 — Article 9 of the Covenant — Right to liberty and security of person — Arbitrary detention — Effective remedy

International tribunals — United Nations Human Rights Committee — Jurisdiction — Admissibility — Other procedures of international investigation — Whether failure to exhaust local remedies — Whether author’s claim inadmissible ratione materiae

Human rights — Deportation — Right to family life — International Covenant on Civil and Political Rights, 1966, Article 23(1) — Article 24 of the Covenant — Rights of the child — Effective remedy

International tribunals — United Nations Human Rights Committee — Issue of admissibility — Whether domestic remedies exhausted — Whether matter being examined under another procedure of international investigation or settlement — Lack of substantiation of claims — Local remedies rule

Territory — Acquisition of sovereignty — Islands — Whether international law permitting acquisition of sovereignty over terra nullius by an individual — Whether State acquiring sovereignty over territory obliged to recognize existing private ownership — Whether rule deriving from customary international law — Whether rule deriving general principle of law — Article 38(1) of Statute of International Court of Justice

Human rights — Property rights — Whether rights created by international law proprietary — Whether international law permitting acquisition of sovereignty over terra nullius by an individual — Whether State acquiring sovereignty over territory obliged to recognize existing private ownership — Sources of international law

Sources of international law — Substantive — Customary international law — Content — Article 38(1)(b) of Statute of International Court of Justice — General principles of law — Article 38(1)(c) of ICJ Statute — Whether appellant establishing rule of customary international law — Whether Norwegian Supreme Court decision in Jacobsen sufficient — State practice — Opinio juris — Whether other jurisdictions dealing with similar issues under municipal law — Whether appellant establishing existence of general principle of law recognized by civilized nations — Whether deriving from municipal legal systems — Operation of Article 38(1)(c) — ICJ Statute

Relationship of international law and municipal law — Customary international law — Norwegian Supreme Court decision in Jacobsen — Status of decision — State practice — Opinio juris — Whether Jacobsen concerning content of municipal law or customary international law — Whether judicial authority for purpose of Article 38(1)(d) of Statute of International Court of Justice — Whether correct statement of international law — General principles of civilized nations — Whether focusing upon municipal systems — Article 38 of ICJ Statute — The law of Australia

Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950, Article 34 — Right of access to European Court of Human Rights — English courts refusing to permit disclosure of in camera evidence to European Court of Human Rights — Discretionary power of English courts — Whether exercise of discretion in breach of Article 34 of Convention — National security considerations — National authority competence — Role of European Court of Human Rights — Whether United Kingdom in breach of domestic or international law obligations

International tribunals — European Court of Human Rights — Independent international court — Non-disclosure of in camera evidence by domestic court — Whether domestic principles concerning access to material applicable — Role of European Court of Human Rights in deciding which material should be disclosed — Role of European Court of Human Rights in deciding whether breach of Article 34 of European Convention on Human Rights, 1950

Human rights — Right of access to European Court of Human Rights — European Convention on Human Rights, 1950, Article 34 — Nature of right — Whether United Kingdom breaching right — Whether open to English courts to refuse to allow disclosure of in camera evidence to European Court of Human Rights — The law of the United Kingdom