War and Armed Conflict — Aggression — Prohibition of the unlawful use of force — Charter of the United Nations, Article 2(4) — Criteria for establishing whether use of force unlawful — Standard of proof — Self-defence — Armed attack — Whether actions of armed bands capable of constituting armed attack — Whether requirement of State responsibility — Proportionality — Consent to presence of foreign armed forces — Withdrawal of consent — Great Lakes region — Multiple conflicts — Lusaka Agreement — Duty of non-intervention

War and Armed Conflict — International humanitarian law — Relationship with international human rights law — Protection of civilians — Child soldiers — Responsibility of State for actions of armed forces in breach of humanitarian law

War and Armed Conflict — Belligerent occupation — Criteria for determining whether territory occupied — Duties of belligerent occupant — Hague Regulations on Land Warfare, 1907 — Natural resources — Responsibility of occupant to prevent plunder and exploitation of natural resources of occupied territory — Duty of occupant to protect population of occupied territory

Human Rights — Scope of application of human rights treaties — Application to acts of armed forces of a State outside its territory — Relationship with humanitarian law — Application in occupied territory

Economics, Trade and Finance — Natural resources — Sovereignty of State over natural resources — Occupied territory — Plunder and exploitation of natural resources in occupied territory

International Court of Justice — Provisional measures — Counter-claims — Evidence — Burden of proof — Standard of proof — Credible evidence — Remedies

State Responsibility — General principles — Responsibility of State for acts of armed forces — Responsibility for unauthorized acts by members of armed forces — Fourth Hague Convention respecting the Laws and Customs of War on Land, 1907, Article 3 — Additional Protocol I to the Geneva Conventions, 1977, Article 91 — Responsibility for acts of armed bands — Duty to make reparation

Territory — Rights and duties of territorial sovereign — Duty of vigilance to prevent use of territory for attacks on neighbouring States

International Court of Justice — Jurisdiction — Basis of jurisdiction — Requirement of consent — Means by which consent can be given — Jus cogens — Whether fact that case involves allegations of breach of jus cogens norms or obligations erga omnes removes or qualifies requirement of consent — Forum prorogatum — Requirement that State indicate unequivocal intention of accepting jurisdiction — State appearing in case to challenge jurisdiction — Distinction between State’s acceptance of jurisdiction and requirement to comply with substantive law — Convention compromissory clauses — Interpretation and application — Procedural requirements — Whether preconditions for seisin of the Court

Sources of International Law — Jus cogens — Nature of jus cogens — Practical significance — Relationship to requirement of consent as basis for jurisdiction of the International Court of Justice

Treaties — Application — Jus cogens norms — Vienna Convention on the Law of Treaties, 1969, Article 66 — Whether basis for jurisdiction of International Court of Justice — Retroactive effect — Vienna Convention, Article 4 — Reservations — Withdrawal — Requirement of notification — Validity — Compatibility with object and purpose of treaty — Whether reservation to compromissory clause of treaty capable of being incompatible with object and purpose of treaty

Human rights — Human rights treaties — Convention on the Elimination of All Forms of Racial Discrimination — Convention on the Elimination of Discrimination against Women — Convention against Torture — Compromissory clauses — Interpretation — Requirement of negotiation — Arbitration — Preconditions to seisin of the International Court of Justice

International organizations — World Health Organization — UNESCO — Compromissory clauses in constitutions — Scope and effect — Whether discussions in international organization capable of constituting negotiations for purpose of compromissory clause in multilateral treaty

Arbitration — Investor — State arbitration — NAFTA Chapter 11 — Applicable law — Characteristics of arbitration — Jurisdiction — Whether investor asserting rights distinct from those of State of nationality — Countermeasures — Argument that action against investor justified as countermeasure for act by State of nationality — Whether tribunal possessing jurisdiction to rule — Procedure — Application for consolidation of separate arbitrations — Assessment of damages — Interest — Costs — Requests for correction, interpretation and supplementary decision — ICSID Additional Facility Rules, Articles 55-7

Economics, Trade and Finance — Investment — NAFTA Chapter 11 — Rights of investor — Expropriation — Right to non-discriminatory treatment — Whether investor and domestic producer in like circumstances — Investor producing different product in competition with product of domestic producer — High fructose corn syrup and sugar — Performance requirements — NAFTA Articles 1102, 1106 and 1110

Expropriation — Indirect expropriation — Conditions — Investor retaining title to, and possession of, investment — Whether treatment capable of amounting to expropriation

State responsibility — ILC Articles on State Responsibility — Whether authoritative statement of customary international law — Countermeasures — Conditions — Whether applicable to investor — State arbitration — Third parties — Principle that countermeasures do not affect rights of third parties — Host State taking countermeasures in response to alleged violation of international law by State of nationality of investor — Whether capable of affecting rights of the investor

Damages — Principles for assessment of damages — NAFTA — Tribunal enjoying measure of discretion — Loss of profits — Requirement that profits be probable — Interest — Simple or compound interest

Arbitration — Investor — State arbitration — NAFTA Chapter 11 — Applicable law — Characteristics of arbitration — Jurisdiction — Whether investor asserting rights distinct from those of State of nationality — Countermeasures — Argument that action against investor justified as countermeasure for act by State of nationality — Whether tribunal possessing jurisdiction to rule — Procedure — Application for consolidation of separate arbitrations — Precedent — Authority of previous arbitration decisions and awards

Economics, trade and finance — Investment — NAFTA Chapter 11 — Rights of investor — Expropriation — Right to non-discriminatory treatment — Whether investor and domestic producer in like circumstances — Investor producing different product in competition with product of domestic producer — High fructose corn syrup and sugar — Performance requirements — NAFTA Articles 1102, 1106 and 1110

Expropriation — Indirect expropriation — Conditions — Investor retaining title to, and possession of, investment — Whether treatment capable of amounting to expropriation

State responsibility — ILC Articles on State Responsibility — Whether authoritative statement of customary international law — Countermeasures — Conditions — Whether applicable to investor — State arbitration — Third parties — Principle that countermeasures do not affect rights of third parties — Host State taking countermeasures in response to alleged violation of international law by State of nationality of investor — Whether capable of affecting rights of the investor

Arbitration — Investor — State arbitration — NAFTA Chapter 11 — Applicable law — Characteristics of arbitration — Jurisdiction — Whether investor asserting rights distinct from those of State of nationality — Countermeasures — Argument that action against investor justified as countermeasure for act by State of nationality — Whether tribunal possessing jurisdiction to rule — Procedure — Application for consolidation of separate arbitrations — Precedent — Authority of previous arbitration decisions and awards

Economics, trade and finance — Investment — NAFTA Chapter 11 — Rights of investor — Expropriation — Right to non-discriminatory treatment — Whether investor and domestic producer in like circumstances — Investor producing different product in competition with product of domestic producer — High fructose corn syrup and sugar — Fair and equitable treatment — Standard — Relationship to customary international law — Most favoured nation treatment — Performance requirements — NAFTA Articles 1102, 1103, 1105, 1106 and 1110

Expropriation — Indirect expropriation — Conditions — Investor retaining title to, and possession of, investment — Whether treatment capable of amounting to expropriation — Whether temporary taking of property capable of constituting expropriation

State responsibility — ILC Articles on State Responsibility — Whether authoritative statement of customary international law — Countermeasures — Conditions — Whether applicable to investor — State arbitration — Third parties — Principle that countermeasures do not affect rights of third parties — Host State taking countermeasures in response to alleged violation of international law by State of nationality of investor — Whether capable of affecting rights of the investor

Damages — Principles for assessment of damages — NAFTA — Tribunal enjoying measure of discretion — Loss of profits — Basis of calculation — Interest — Costs

Arbitration — Investor — State arbitration — NAFTA Chapter 11 — Jurisdiction — Standard for challenge before national court — Scope of protection under NAFTA Chapter 11 — Whether tribunal exceeded its jurisdiction by awarding damages for loss of profits by United States company in respect of sales to Mexican subsidiary — The law of Canada