State responsibility — Nature and kinds of — For breaches of treaty obligations — European Convention on Human Rights, 1950 — Article 6(1) — Whether literal interpretation acceptable — Form of publicity — Assessment in light of special features of proceedings — Entirety of proceedings to be taken into account

Treaties — Interpretation of — Principles and rules of interpretation — European Convention on Human Rights, 1950 — Article 6(1) — Civil proceedings — Right to public pronouncement of judgment — Literal interpretation — Object and purpose of Article 6 — Fair trial — Whether case raises serious questions affecting interpretation of Convention

Disputes — Other international courts — European Court of Human Rights — European Commission of Human Rights — Whether case raises serious questions affecting interpretation of European Convention on Human Rights, 1950 — Jurisdiction of Chamber of Court — Whether to be relinquished in favour of plenary Court — Preliminary objection — Decision by Commission to refer case to Court — Whether Court has jurisdiction to evaluate expediency of decision

The individual in international law — In general — Human rights and freedoms — Civil proceedings — Right to public hearing and public pronouncement of judgment — European Convention on Human Rights, 1950 — Article 6(1) — Fair trial — Entirety of proceedings to be taken into account — Form of publicity — Literal interpretation of Article 6(1) — Whether acceptable — Assessment in light of special features of proceedings — Object and purpose of Article 6 — Whether case raising serious questions affecting interpretation of Convention — Jurisdiction of Chamber of European Court of Human Rights — Whether to be relinquished in favour of plenary Court — Preliminary objection — Decision by European Commission of Human Rights to refer case to Court — Whether Court has jurisdiction to evaluate expediency of decision

State responsibility — Nature and kinds of — For breaches of treaty obligations — European Convention on Human Rights, 1950 — Right of accused to services of intepreter — Article 6(3)(e) — Whether State permitted to impose charge for interpreter's services as part of order for costs — Just satisfaction in respect of breach established — Article 50

State responsibility — Damages (Measure of damages) — Grounds for awarding damages — Breach of right of accused person to free services of interpreter — European Convention on Human Rights, 1950 — Article 50 — Just satisfaction — Costs for reimbursement of interpretation fees — Legal costs incurred before Convention institutions — Whether borne by applicant

The individual in international law — Aliens — Position of — Treatment by and responsibilities of the receiving State — Right of accused person to services of interpreter — European Convention on Human Rights, 1950 — Article 6(3)(e) — Whether State permitted to impose charge for interpreter's services as part of order for costs

Treaties — Interpretation of — Principles and rules of interpretation — European Convention on Human Rights, 1950 — Article 6(3)(e) — Meaning of “criminal offence” — Autonomy of term — Object and purpose of Article 6

Disputes — Other international courts — European Court of Human Rights — Jurisdiction of Chamber — Relinquishment of jurisdiction in favour of plenary Court — Whether case raises serious questions affecting interpretation of European Convention on Human Rights, 1950

The individual in international law — In general — Human rights and freedoms — Right of person accused of criminal offence to services of interpreter — Whether State permitted to impose charge for interpreter's services as part of order for costs — European Convention on Human Rights, 1950 — Article 6(3)(e) — Whether applicable — Decriminalization of minor traffic offences as “regulatory” offences — Whether criminal offences — Autonomy of term — Whether text defining offence part of criminal law — Nature of offence — Nature and severity of penalty — Purpose of penalty — Whether deterrent and punitive — Object and purpose of Article 6 — European Court of Human Rights — Jurisdiction of Chamber — Relinquishment of jurisdiction in favour of plenary Court — Whether case raises serious questions affecting interpretation of Convention — Article 50 — Just satisfaction in respect of breach established — Costs for reimbursement of interpretation fees — Legal costs incurred before Convention institutions — Whether borne by applicant

Treaties — Interpretation of — Principles and rules of interpretation — European Convention on Human Rights, 1950 — Article 6(1) Fundamental objective of fair trial — Publicity requirements as means to objective of fair trial — Express statement that judgments to be pronounced publicly — Whether literal interpretation necessary — Interpretation in light of fundamental objective of fairness Whether case raises serious questions affecting interpretation of Convention

Disputes — Other international courts — European Court of Human Rights — Whether case raises serious questions affecting interpretation of European Convention on Human Rights, 1950 — Jurisdiction of Chamber of Court — Whether to be relinquished in favour of plenary Court

The individual in international law — In general — Human rights and freedoms — European Convention on Human Rights, 1950 — Article 6 — Right to fair trial — Public hearing — Public pronouncement of judgment — Swiss Military Criminal Code — Federal Army (Constitution of Courts and Criminal Procedure) Act 1889 — Oral proceedings at first instance — Written proceedings on appeal — Whether breach of “hearing” requirement — Whether proceedings in camera and written judgment constitute breach of “public pronouncement” requirement — Article 6 (1) — Interpretation — Whether case raises serious questions affecting interpretation of Convention — Jurisdiction of Chamber of European Court of Human Rights — Whether to be relinquished in favour of plenary Court

The individual in international law — Nationality — Acquisition of — Nationality as affected by change of sovereignty — Definition of nationality — Effect of nationality of parents on acquisition of nationality by children — Status of Indians under British Empire — Accession of India and Madagascar to independence — The law of France

The individual in international law — Nationality — Nationality of married women — Dutch woman marrying foreigner — Circumstances in which husband's nationality acquired in the absence of common nationality — Test of effective nationality — Applicability of Hague Convention for the Regulation of Conflicts of Laws and of Jurisdiction in Questions of Divorce and Separation, 1902 — The law of the Netherlands

The individual in international law — Nationality — Option — Provision for declaration of option — Failure to make declaration within time-limit — Bar to declaration — Release from bar where failure due to circumstances beyond control of applicant — Nationality Law 1968, Article 20(3) — The law of Luxembourg

The individual in international law — Nationality — Nationality of corporations — Criteria for determining nationality — Place of principal establishment — Rejection of “control test” — Plea of lack of jurisdiction by foreign corporation — Jurisdiction to be determined according to law of the forum — The law of Luxembourg

The individual in international law — Nationality — Of corporations — Subsidiary of foreign corporation — Criteria for determining nationality — Seat, centre of operations and management in France — The law of France

Jurisdiction — In general — Territorial — Territorial limits of jurisdiction — Foreign company — Plea of lack of jurisdiction — France Switzerland Convention on Judicial Competence and the Execution of Judgments, 1869 — Forum rule requiring trial by natural judges of defendant — Absence of election of domicile before municipal court — The law of France

The individual in international law — Nationality — Of corporations — Subsidiary of foreign corporation — Criteria for determining nationality — Nationality of management — Seat and law of incorporation — Rejection of “control test” — Plea of lack of jurisdiction by foreign corporation — France-Switzerland Convention on Judicial Competence and the Execution of Judgments, 1869 — Forum rule requiring trial by natural judges of defendant — The law of France

States as international persons — In general — Recognition of acts of foreign States and governments — German Democratic Republic Expropriation decree — Lack of compensation — Whether decree should be given any effect in France — Public policy — The law of France

The individual in international law — Nationality — Of corporations — Domicile — Domicile of foundation in German Democratic Republic — Whether change of domicile enacted by authorities in Federal Republic of Germany should be given effect in France — Expropriation decree enacted by Soviet authorities in East Germany — Lack of compensation — Whether decree should be given any effect in France — Public policy — The law of France

The individual in international law — Aliens — Admission of aliens — Convention Relating to the Status of Refugees, 1951 — Fugitive of Polish origin and nationality — Four years in Federal Republic of Germany before travelling to Canada — Claim to refugee status in Canada — Whether necessary to show fear of persecution in Federal Republic of Germany — Definition of refugee contained in Article 1A(2) of Convention — Whether Convention ceased to apply to applicant by virtue of residence in Federal Republic of Germany — Article 1C(3) and E — The law of Canada

The individual in international law — Aliens — Position of — Treatment by and responsibilities of the receiving State — Locus standi before municipal civil courts of foreign legal persons — Absence of express treaty provision — The law of the Netherlands

States as international persons — State succession — International conventions — State practice as evidence of applicability of conventions — Hague Conventions relating to Civil Procedure, 1905 and 1954 — Whether applicable to Morocco following independence — Whether France and Spain intended Conventions to apply to Moroccan territory — The law of the Netherlands

The individual in international law — Aliens — Position of — Treatment by and responsibilities of the receiving State — Foreign national as plaintiff before municipal courts — Whether can be required to give pre-trial security for costs — Hague Conventions relating to Civil Procedure, 1905 and 1954 — Morocco-Netherlands Convention on the Recruitment of Moroccan Workers, 1969 — The law of the Netherlands

The individual in international law — Aliens — Position of — Treatment by and responsibilities of the receiving State — Refugees — Geneva Convention Relating to the Status of Refugees, 1951 — Restriction on refugee's area of residence in receiving State — Application for review to French Appeals Commission for Refugees — Whether recourse to Commission with regard to such restriction open to refugees who have regularized their status — Failure to apply within time limit — Effect — Article 26 of Convention — Right to choose place of residence — “Subject to any regulations applicable to aliens generally” — Interpretation — The law of France

States as international persons — In general — Sovereignty and independence — Conduct of foreign relations — Relations between Federal Republic of Germany and its NATO treaty partners — Issue of alien's passport to persons seeking to avoid military service in State of nationality — Individual interests taking precedence over State interests in exceptional circumstances — Constitutional limitations on conduct of foreign relations by Executive — The law of the Federal Republic of Germany

Jurisdiction — In general — Personal — Over nationals abroad — Whether infringed by issue of alien’s passport in receiving State to persons seeking to avoid military service in State of nationality — Whether an inadmissible interference with personal jurisdiction of issuing State — The law of the Federal Republic of Germany

The individual in international law — In general — Human rights and freedoms and family — Right to protection of marriage — Basic Law 1949, Article 6 — Alien seeking to avoid military service in State of nationality — Whether prolonged military service abroad represents danger to existence of marriage and family justifying issue of alien's passpor — Exceptional circumstances justifying the giving of precedence to individual interests over State interests — The law of the Federal Republic of Germany

The individual in international law — Nationality — Naturalization — Whether foreign spouses of nationals of receiving State enjoy right to grant of naturalization — The law of the Federal Republic of Germany

The individual in international law — Aliens — Position of — Treatment by and responsibilities of the receiving State — Alien's passport — Refusal — Grounds of State interests — Definition — Alien seeking to avoid military service in State of nationality — Whether issue of alien's passport an infringement of personal jurisdiction of State of nationality — Balancing of individual and State interests — Interests of State in securing fulfilment of NATO obligations — Right to protection of marriage and family — Basic Law 1949, Article 6(1) — Exceptional circumstances justifying the giving of precedence to individual interests — Constitutional limitations on conduct of foreign relations by executive — Whether foreign spouses of nationals of receiving State enjoy right to grant of naturalization — The law of the Federal Republic of Germany

The individual in international law — In general — Human rights and freedoms — Right to protection of marriage — Basic Law 1949, Article 6 — Alien seeking to avoid deportation — Whether danger to marriage justifies prohibition on deportation — Principle of proportionality — The law of the Federal Republic of Germany

The individual in international law — Aliens — Expulsion of — Right of expulsion — Deportation — Convicted criminal — Right of asylum — Basic Law 1949, Article 16(2) — Restrictive interpretation by reference to legislative history — Public order and security — Protection of marriage under Article 6 of Basic Law — Principle of proportionality — The law of the Federal Republic of Germany

The individual in international law — Aliens — Expulsion of aliens — Procedure — Cancellation of temporary immigration permit — Whether necessary to observe principles of natural justice — The law of Canada

The individual in international law — Aliens — Expulsion of — Right of expulsion — Cancellation of permit — Whether to be made on quasi-judicial basis — Procedure of expulsion — Whether necessary to observe principles of natural justice — Whether decision of cancellation reviewable by Courts — Immigration Act 1970 — The law of Canada

The individual in international law — Aliens — Expulsion of — Procedure — Refugees — Whether decision of expulsion reached in accordance with due process of law — Opportunity to seek admission to another country — Principle of 'non-refoulement' — Convention Relating to the Status of Refugees, 1951, Articles 32 and 33 — The law of Australia

The individual in international law — Aliens — Expulsion of — Right of expulsion — Refugees — Geneva Convention Relating to the Status of Refugees, 1951, Articles 32 and 33 — Right of country of refuge to deport — Principle of ‘non-refoulement’ — Risk to life or liberty if refugee deported — Administrative review — Whether refugee a danger to the community — Procedure of expulsion — Whether decision of expulsion reached in accordance with due process of law — Opportunity to seek admission to another country — The law of Australia

State responsibility — Nature and kinds of — For wrongs unconnected with contractual obligations — Acts and omissions of State organs and officials — Denial of justice — Deportation order of alien on grounds of national security — Refusal to provide details of allegations — Whether procedure contrary to rules of natural justice — Immigration Act 1971 — European Convention on Human Rights, 1950 — Balance between interests of national security and freedom of the individual — Whether a function of the courts — The law of England

The individual in international law — In general — Human rights and freedoms — Right to a fair hearing by an independent and impartial tribuna — European Convention on Human Rights, 1950 — Article 6(1) — Deportation on grounds of national security — Whether a determination of civil rights and obligation — The law of England

The individual in international law — Aliens — Expulsion of — Procedure — Deportation order on grounds of national security — Refusal to provide details of allegations against alien — Whether procedure contrary to rules of natural justice — Immigration Act 1971 — Immigration Rules — Relevance of — Whether strict rules of law — Consequence of a departure therefrom — European Convention on Human Rights, 1950 — Article 6(1) — Right to a hearing — Whether deportation on ground of security a determination of civil rights and obligations — Disclosure of confidential information — Public policy — Balance between interests of national security and freedom of the individual — Whether a function of the courts — The law of England

The individual in international law — Aliens — Expulsion of aliens — Procedure — Whether obligatory requirement to communicate complete grounds for expulsion order — The law of Luxembourg