Human rights — Arrest and detention — Access to court — Right of a person in detention to be brought promptly before a judge or other officer authorized by law to exercise judicial power — European Convention on Human Rights, 1950, Article 5(3)

International tribunals — European Court of Human Rights — Procedure — Friendly settlement reached between applicant and defendant government — Whether case should be struck off list — Whether Court should consider public policy interests where individual applicant’s interests satisfied

Human rights — Arrest and detention — Arrest of applicant and deportation from respondent State to third State — Extradition from third State to State of nationality — Whether deportation after refusal of extradition request by State of nationality arbitrary action by respondent State — Whether disguised extradition — European Convention on Human Rights, 1950, Article 5(1)

Aliens — Expulsion — Detention with a view to deportation after rejection of request for extradition — Lawfulness of deprivation of liberty — Compliance with domestic law — Arbitrariness — Right to security of person — European Convention on Human Rights, 1950, Article 5(1)

International tribunals — Procedure — European Court of Human Rights — Preliminary objections — Exhaustion of domestic remedies — Estoppel

Extradition — Disguised extradition — Whether deportation to third State and subsequent extradition by third State to requesting State constitutes disguised extradition — Deportation following refusal of request for extradition — Whether arbitrary action violating human right — European Convention on Human Rights, 1950, Article 5(1)

Damages — Human rights violation — Non-pecuniary damage — Arrest and detention — Whether prejudice sustained by applicant’s spouse as a result of human rights violation gives rise to entitlement to just satisfaction — European Convention on Human Rights, 1950, Article 50

Human rights — Fair trial — Right to a fair hearing in the determination of civil rights and obligations — European Convention on Human Rights, 1950, Article 6(1) — Rights granted by public law — Social security and sickness benefit system — Hearing before administrative bodies — Whether Article 6(1) applicable — Applicant not allowed opportunity to participate — Whether denied rights under Article 6(1)

Human rights — Fair trial — Right to a fair hearing on the determination of civil rights and obligations — European Convention on Human Rights, 1950, Article 6(1) — Rights granted by public law — Social security system — Hearing before social security courts — Whether Article 6(1) applicable — Outcome of case before courts would determine existence of rights — Failure to ensure that trial took place within reasonable time — Whether denial of rights under Article 6(1)

Treaties — Interpretation — Principles of interpretation — Vienna Convention on the Law of Treaties, 1969, Articles 31 and 32 — European Convention on Human Rights, 1950 — Need to interpret treaty in light of changes in social conditions

Human rights — Fair trial — Right to a fair hearing in the determination of civil rights and obligations — European Convention on Human Rights, 1950, Article 6(1) — Refusal of registration as accountants to persons previously in practice — Decision that applicants had failed to demonstrate requisite degree of competence — Whether Article 6 applicable

Human rights — Property rights — First Protocol to the European Convention on Human Rights, 1950, Article 1 — Refusal of registration as accountants to persons previously in practice — Whether amounting to a deprivation of property rights — Whether Article 1 applicable — Whether Article 1 violated

Arbitration — Agreement to arbitrate — Parties to agreement — Whether State becoming party to agreement countersigned by minister — Negotiating history of agreement — Jurisdiction of arbitral tribunal — Competence of tribunal to determine own jurisdiction — Procedure — Arbitrator refusing to sign award — Costs — ICC arbitration

Damages — Measure of damages — Breach of State contract — Valuation — Damnum emergens — Lucrum cessans — Loss which could be foreseen at date of contract — Methods of assessment — Discounted cash flow — Value of investment and incremental increases

Economics, trade and finance — State contracts — Contract between State-owned entity and foreign company — Whether binding upon State — Contract countersigned by minister — Proper law of contract — Contract subject to local law — Whether local law deemed to include principles of international law — Pacta sunt servanda — Principle of just compensation for expropriation — ICSID Convention — Whether ratification of Convention by State indicates intention to abide by certain international law principles — Force majeure — Whether State-owned company under control of State may invoke force majeure clause — Damages for breach of contract — Measure of damages

Expropriation — Contractual limitations upon State’s powers of expropriation — Compensation — Valuation of investment

State immunity — Waiver — Agreement to arbitrate — Whether State’s agreement to international arbitration amounts to waiver of immunity — State contract providing for ICC arbitration

State responsibility — For breaches of contract — Contract concluded by State-owned entity — Countersignature of minister — Whether State a party to contract

Arbitration — Agreement to arbitrate — International Chamber of Commerce arbitration — Whether State a party to contract — Signature by State of terms of reference pursuant to ICC Arbitration Rules — Express reservation as to jurisdiction of Tribunal — Award affirming jurisdiction of Tribunal

Arbitration — Award — Recognition — Action for annulment before municipal courts — Whether award made in absence of arbitration agreement — ICC arbitration — New French Code of Civil Procedure, Articles 1502 and 1504

Arbitration — Procedure — Competence of arbitral tribunal to determine its own competence — Whether decision on competence is subject to review by municipal courts — New French Code of Civil Procedure, Articles 1502 and 1504

State immunity — Waiver — Arbitration — Whether signature of terms of reference constitutes submission to jurisdiction of arbitral tribunal — Whether lodging of defence on merits constitutes waiver of immunity

Economics, trade and finance — State contracts — State-owned entity endowed with independent legal personality — Conclusion of contract with foreign private company — Whether State-owned company acts on behalf of State — Supervisory control by government minister — Counter-signature of contract as “approved, agreed and ratified” — Whether rendering State a party to the contract

State responsibility — Contractual obligations — State-owned entity — Conclusion of concessionary contract with foreign private company — Whether State-owned entity acts on behalf of State — Circumstances in which State becomes a party to such a contract — The law of France

Arbitration — Enforcement of award — Award rendered abroad — Action for enforcement in municipal courts — New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958, Articles IV and V — Conditions for refusal of enforcement — Burden of proof — Pending action for annulment of award before courts of country where award rendered — Whether award to be regarded as set aside or suspended — The law of the Netherlands

Treaties — Interpretation — Principles of interpretation — Definition of narcotic drugs — Whether including amphetamines — Single Convention on Narcotic Drugs, 1961 — Vienna Convention on Narcotic Drugs, 1971

Treaties — Effect in municipal law — Entry into force — Requirement of prior publication in State official journal — Whether publication of complete text required — Whether annexes require publication

Human rights — Criminal penalty — Prohibition of retroactive criminal legislation — Whether extension of categories of narcotic drugs by international treaty may be given retroactive effect

Relationship of international law and municipal law — Treaties — Incorporation into municipal law — Requirement of publication in entirety in State official journal — The law of Spain

Jurisdiction — Territorial — Foreign armed forces — Civil jurisdiction of receiving State — United States forces stationed in Spain — Act of United States serviceman in performance of official duties — Claim brought by private individual for damages arising from act — Treaty of Friendship and Cooperation between Spain and the United States, 1976

State responsibility — Acts and omissions of State organs and officials — Whether receiving State responsible for acts of visiting forces — Conditions for liability — Requirement of direct cause and effect relationship between act or omission and damage suffered — Moral damage caused by disclosure of confidential document sent by United States Naval Hospital to Spanish health authorities — Disclosure of document by local policeman — Whether giving rise to liability of Spanish Ministry of Defence — The law of Spain

Aliens — Refugees — Unlawful presence in country of refuge — Whether a bar to granting of refugee status — Significance of failure to invoke refugee status immediately upon arrival in State of refuge — Geneva Convention Relating to the Status of Refugees, 1951, Article 31

Aliens — Asylum — Entitlement to — Procedure for claiming asylum — Requirement to claim asylum immediately upon entering State of refuge — Whether failure to do so constitutes a bar to subsequent claim — Requirement of well-founded reason for delay — Spanish Constitution 1978, Article 13(4) — Ministerial Orders concerning exercise of right of asylum — The law of Spain

State immunity — Jurisdictional immunity — Employment dispute — Embassy of foreign State — National of receiving State employed as chauffeur — Dismissal — Action for reinstatement — Whether foreign State entitled to jurisdictional immunity — Distinction between sovereign and non-sovereign activities — Vienna Convention on Diplomatic Relations, 1961 — Inapplicability to claims brought against foreign State

State immunity — Attachment and execution — Distinction between jurisdictional immunity and immunity from execution — Reciprocity as basis of immunity from execution — Executive control over procedure for execution against foreign State

Diplomatic relations — Immunity — Entitlement to — Whether restricted to natural persons — Whether embassy of foreign State entitled to diplomatic immunity

Relationship of international law and municipal law — Customary international law — State immunity — Principles recognized by the community of nations — Restrictive theory of immunity — The law of Spain

State immunity — Jurisdictional immunity — Employment dispute — Embassy of foreign State — Foreign national employed as secretary — Dismissal — Action for reinstatement — Whether foreign State entitled to jurisdictional immunity — Distinction between sovereign and non-sovereign activities — European Convention on State Immunity, 1972, Article 5 — Spanish Constitution, Article 24(1) — Whether limiting recourse to jurisdictional immunity — Vienna Convention on Diplomatic Relations, 1961, and Vienna Convention on Consular Relations, 1963 — Inapplicability to claims brought against a foreign State

State immunity — Attachment and execution — Distinction between jurisdictional immunity and immunity from execution — Reciprocity as basis of immunity from execution — Executive control over procedure for execution against foreign State

Diplomatic relations — Immunity — Entitlement to — Whether restricted to natural persons — Whether embassy of foreign State entitled to diplomatic immunity

Relationship of international law and municipal law — Customary international law — State immunity — Principles recognized by the community of nations — Restrictive theory of immunity — Treaties — European Convention on State Immunity, 1972 — Recourse to provisions on jurisdictional immunity as evidence of position under customary international law — The law of Spain

Diplomatic relations — Immunity — Diplomats — Scope of immunity — Whether immunity gives rise to exemption from prosecution or merely constitutes a procedural bar — Circumstances in which envoy may be subject to criminal prosecution upon dismissal from post

Diplomatic relations — Immunity — Waiver — Immunity from criminal jurisdiction — Whether offence committed prior to date of waiver may be subject to prosecution — Whether prosecution in such circumstances violates rules against retroactive criminal laws — Vienna Convention on Diplomatic Relations, 1961, Article 32 — The law of Spain

Jurisdiction — Territorial — Foreign armed forces — Army and Air Force Exchange Services — United States Military Commissary Stores — Commercial trading — Sale of motor vehicles to United States servicemen stationed in Germany — Claim for breach of competition law — Whether such sales must respect provisions of municipal law — NATO Status of Forces Agreement, 1951, Article II — Supplementary Agreement, Article 11(II) — Distinction between procurement and sale of motor vehicles — The law of the Federal Republic of Germany

Jurisdiction — Territorial — Concurrent jurisdiction pursuant to treaty — Criminal offences — Convention between the Federal Republic of Germany and the Netherlands concerning the Merger of Customs Clearance Posts, 1958 — Arrest of Dutch national within area of joint customs clearance post — Whether arrested on Dutch or German territory — Absence of authority of German customs officials to arrest Dutch national on Dutch territory — Arrest in violation of customary international law and treaty provisions — Whether a bar to proceedings before municipal courts — Basic Law (GG) of the Federal Republic of Germany, Article 25

Relationship of international law and municipal law — Position of individuals in international law — Unlawful arrest in foreign country in violation of customary international law — Whether conferring right of action upon private individual — Right of injured State to obtain repatriation — Whether individual can enforce right of repatriation through proceedings in municipal courts of arresting State

Relationship of international law and municipal law — Treaties — Effect in municipal law — European Convention on Extradition, 1957 — European Convention on Human Rights, 1950, Article 5(1)(c) — Whether conferring right of action upon private individual — Whether violation of international convention constitutes bar to criminal proceedings under municipal law

Treaties — Effect in municipal law — Whether conferring rights upon individuals — Unlawful arrest — Whether violation of treaty provisions constitutes bar to criminal proceedings in municipal courts — European Convention on Extradition, 1957 — European Convention on Human Rights, 1950, Article 5(1)(c)

Human rights — Liberty, right to — European Convention on Human Rights, 1950, Article 5(1)(c) — Unlawful arrest — Whether automatically violates personal right of accused under Convention — Whether constitutes a bar to municipal criminal proceedings — The law of the Federal Republic of Germany

Jurisdiction — Territorial — Foreign armed forces — Lease of additional land for combat training — Whether building work and use of land subject to jurisdiction of municipal courts — NATO Status of Forces Agreement, 1951, Article II — Supplementary Agreement, Article 49

State immunity — Jurisdictional immunity — United States armed forces stationed in Germany — Extension of shooting range — Claim for injunction to prevent building work and change in use of land — Whether foreign armed forces are an organ of the sending State — Whether such forces entitled to jurisdictional immunity

Environment — Military training area — Extension of shooting range for use by foreign armed forces under NATO Status of Forces Agreement, 1951 — Effect on environment — Whether subject to control by municipal courts — The law of the Federal Republic of Germany

Jurisdiction — Territorial — Foreign armed forces — Criminal jurisdiction of receiving State — Acts of United States serviceman unconnected with official duties — Concurrent jurisdiction of sending and receiving States — NATO Status of Forces Agreement, 1951, Article VII(3) — Waiver of jurisdiction by receiving State — Article VII(8) of Agreement — Principle of ne bis in idem — Applicability — Whether decision to stay proceedings taken by the United States military authorities constitutes a bar to further proceedings in the Federal Republic of Germany — The law of the Federal Republic of Germany

Consular relations — Premises of mission — Whether forming part of territory of receiving State — Rejection of fiction of extraterritoriality

Consular relations — Social security — Right of members of mission to make voluntary contributions in receiving State — Vienna Convention on Consular Relations, 1963, Article 48 — The law of the Federal Republic of Germany

Jurisdiction — Territorial — Tort committed outside jurisdiction — Effects within jurisdiction — Operation of hydro-electric power plant in the Federal Republic of Germany — Escape of waters during storm — Claim for damage to fishing reserves in Austria — Whether effect within Austria sufficient to justify municipal jurisdiction — Nature of duty of operator of plant — Law applicable to tort committed abroad but producing effects within Austria

Environment — Action against foreign corporation regarding environmental damage — Transboundary escape of water from hydro-electric plant in the Federal Republic of Germany — Whether owner of fishing rights in Austria entitled to damages — Nature of duty of operator of plant — The law of Austria