Territory — Boundaries — Principles of delimitation — Delimitation by treaty — Treaty referring to boundary lines in other international instruments — Instruments referred to not binding on one of the parties to the treaty — Whether treaty establishing boundary by reference to other instruments — Principle of stability of boundaries — Treaty of limited duration — Whether boundary established by treaty also of limited duration — Colonial boundaries — Principle of uti possidetis — Application in Africa — Conduct — Estoppel, acquiescence and protest

Treaties — Interpretation — Principles of interpretation — Emphasis on text in context — Object and purpose of agreement — Reference to travaux préparatoires — Whether necessary where textual analysis yields unambiguous meaning — Subsequent conduct of the parties — Effectiveness — Good faith

Treaties — Termination — Treaty of limited duration — Period of treaty's duration coming to an end — Effect on boundary established by treaty

State succession — Treaties — General principles — Boundary treaties — Treaty concluded by Libya after independence referring to treaties concluded between colonial powers at earlier date

Sea — Territorial sea — Fisheries — Baselines — Low-tide elevations within territorial waters — Use as base points — European Economic Community fisheries policy — Council Regulation EEC 170/83 — Rights of fishermen from other Member States in waters off the United Kingdom — Belt of water between six and twelve miles from United Kingdom baselines — Regulation adopted at time United Kingdom claimed three mile territorial sea — Territorial Sea Act 1987 — Extension of United Kingdom territorial waters to twelve miles — Certain low-tide elevations brought within territorial waters — Use as base points — New baselines further out to sea — Whether new baselines applicable to fishery zones under Regulations 170/83 — Whether new baselines compatible with international law — Whether required by international law — Whether opposable to other Member States for purposes of Regulation 170/83

Treaties — Effect — EEC Treaty, 1957 — EEC Treaty creating new legal order — Relationship between Community law and international law — Fisheries — Regulation providing for rights of fishermen from one Member State off the coast of another — Regulation referring to waters between six and twelve miles from baselines — Whether reference to baselines as determined by coastal State from time to time in accordance with international law — Whether reference to baselines as they existed at date of adoption of Regulation — The law of the European Economic Community

Treaties — Conclusion and operation — European Communities — Treaty-making powers — EEC Treaty, 1957, Article 238 — European Economic Area Agreement, 1991 — Agreement to be concluded between EEC and its Member States on the one hand and countries of the European Free Trade Association on the other hand — Compatibility of Agreement with EEC Treaty — Parties to Agreement — When Agreement concluded by EEC, when by Member States and when by EEC and Member States jointly

Treaties — Effect — EEC Treaty, 1957 — Nature of EEC Treaty — Treaty creating new legal order — Relationship with other international agreements — Proposal for agreement to be concluded between EEC and its Member States on the one hand and countries of the European Free Trade Association on the other hand — Effects of proposed treaty in European Community law — Institutions — Role of Court of Justice

Treaties — Interpretation — Approach to interpretation — Object and purpose of treaty — Context — Unique nature of EEC Treaty, 1957 — Effect on interpretation — Identical terms in EEC Treaty and other international agreement not necessarily to be given the same meaning — The law of the European Economic Community

Treaties — Conclusion and operation — European Communities — Treaty-making powers — EEC Treaty, 1957, Article 238 — European Economic Area Agreement, 1991 — Agreement to be concluded between EEC and its Member States on the one hand and countries of the European Free Trade Association on the other hand — Compatibility of Agreement with EEC Treaty — Revision of Agreement in light of Opinion of the Court of Justice of the European Communities

Treaties — Effect — EEC Treaty, 1957 — Nature of EEC Treaty — Treaty creating new legal order — Relationship with other international agreements — Proposal for revised agreement to be concluded between EEC and its Member States on the one hand and countries of the European Free Trade Association on the other hand — Effects of proposed agreement in European Community law — Institutions — Role of Court of Justice — The law of the European Economic Community

Economics, trade and finance — Economic sanctions — Unilateral action by State — European Community — Sanctions imposed by Greece upon Former Yugoslav Republic of Macedonia — Greek Government blocking passage of goods other than humanitarian supplies through the port of Thessaloniki — Whether measures compatible with European Community law — European Community Treaty, 1957, Articles 113, 224 and 225 — Division of powers between Community and Member States

International tribunals — Court of Justice of the European Communities — Action brought by Commission against Member State under Article 225 of the European Community Treaty, 1957 — Application for interim measures — Jurisdiction of the Court — Criteria for interim measures — Requirement of primafacie case — Requirement of serious and irreparable harm — Whether Court entitled to take account of likely harm to non-member State — Extent of Court’s power of judicial review — Imposition of sanctions by Member State on grounds of serious international tension constituting a threat of war — Whether threat of war exists — Whether Court entitled to rule on existence of such a threat

Recognition — States — Criteria for recognition — Former Yugoslavia — Former Yugoslav Republic of Macedonia — Opposition by Greece to recognition — Whether Republic asserting a claim to Greek province of Macedonia — Admission of Republic to United Nations

War and armed conflict — Threat of war — European Community Treaty, 1957, Article 224 — Whether situation in Former Yugoslav Republic of Macedonia constituting a threat of war as regards Greece — The law of the European Community

States — Existence of State — Recognition — Policy of non-recognition — Effects — Turkish Republic of Northern Cyprus — Republic of Cyprus recognized as comprising whole island of Cyprus — Status of northern Cyprus following Turkish intervention in 1974 — De facto partition of island

Governments — Government of unrecognized entity — Governmental acts — Issue of certificates establishing origin of products — Issue of health certificates — Certificates issued by officials of unrecognized entity — Whether acceptable

Recognition — Non-recognition — Effects — Turkish Republic of Northern Cyprus — Corporation established under the law of the Turkish Republic of Northern Cyprus — Whether capable of intervening in proceedings in the English courts — Foreign Corporations Act 1991 — The law of England

States — Existence of State — Recognition — Policy of non-recognition — Effects — Turkish Republic of Northern Cyprus — Republic of Cyprus recognized as comprising whole island of Cyprus — Status of northern Cyprus following Turkish intervention in 1974 — De facto partition of island

Governments — Government of unrecognized entity — Governmental acts — Issue of certificates establishing origin of products — Issue of health certificates — Certificates issued by officials of unrecognized entity — Whether acceptable — Consequences of non-recognition — Namibia principle — Acceptance of certificates requiring degree of administrative co-operation with authorities of issuing government — Whether such co-operation can exist with unrecognized entity — Turkish Republic of Northern Cyprus

Recognition — Non-recognition — Effects — Turkish Republic of Northern Cyprus — Security Council Resolution 541 (1983) calling on States not to recognize — Non-recognition by States of European Community — Whether precluding all co-operation at practical level — Whether precluding acceptance of certificates issued by officials of Turkish Republic of Northern Cyprus

International organizations — United Nations — Security Council — Effects of Security Council resolutions — Security Council Resolution 541 (1983) calling on States not to recognize the Turkish Republic of Northern Cyprus — Effects — Namibia principle

Economics, trade and finance — European Community — Association Agreement between European Community and Republic of Cyprus, 1972 — Application following de facto partition of Cyprus — Imports of citrus fruit and potatoes from Cyprus into European Community — Requirement that imports be accompanied by movement certificates and phytosanitary certificates — Imports from northern Cyprus — United Kingdom practice of accepting certificates issued by Turkish Cypriot authorities in northern Cyprus — Whether compatible with Community law — Whether compatible with Association Agreement — Opposition of Republic of Cyprus — Whether exporters from Turkish Cypriot community north of the United Nations Buffer Zone able to obtain certificates from authorities of Republic of Cyprus — Principle of non-discrimination in Association Agreement

Treaties — Effect — Treaty concluded by European Community — Whether forming part of Community legal order — Whether possessing direct effect — Association Agreement between European Community and Republic of Cyprus, 1972 — Interpretation — Object and purpose — Subsequent practice — Subsequent practice of some Member States of Community and Commission — Republic of Cyprus disagreeing with interpretation of agreement — The law of the European Community

States — Accession to independence — Belize — Territorial dispute between Guatemala and United Kingdom concerning Belize — Whether preventing exercise of right of self-determination by people of Belize — United Nations General Assembly Resolution calling for independence of Belize, 1980 — Accession of Belize to independence in 1981 — Recognition by Guatemala in 1991

Recognition — Effect of recognition — Recognition of States — Belize — Non-recognition by Guatemala because of continuing dispute with United Kingdom concerning territorial sovereignty over Belize — Recognition of Belize by Guatemala in 1991 — Whether implying abandonment of territorial claim

Treaties — Conclusion and operation — Constitutional limitations — Agreement by Guatemala and Belize to establish diplomatic relations — Whether Government of Guatemala empowered to conclude such an agreement — Whether agreement requiring approval by Guatemalan Congress prior to establishment of relations and appointment of ambassadors — Guatemalan Constitution 1985, Article 171 and Transitional and Final Provisions, Article 19

States — Conduct of foreign relations by executive — Recognition of foreign State and conclusion of agreement to establish diplomatic relations — Whether subject to approval of national parliament — Recognition of Belize — Guatemalan Constitution, 1985 — Other acts of protocol and international courtesy performed by executive — Whether subject to constitutional review

Territory — Sovereignty — Dispute regarding sovereignty — Belize — Dispute between Guatemala and United Kingdom regarding sovereignty over British colony of Belize — Accession of Belize to independence — Subsequent recognition by Guatemala — Effect on territorial dispute

Treaties — Termination — Non-performance — Boundary Treaty concerning Belize between Guatemala and United Kingdom, 1859 — Recognition by Guatemala of sovereignty of United Kingdom over Belize — Requirement of payment of compensation to Guatemala — Failure by parties to implement treaty and agree amount of compensation — Whether causing treaty to lapse — Declaration by Guatemalan Congress in 1946 that treaty no longer in force — The law of Guatemala

Relationship of international law and municipal law — Crimes against international law — Punishment of crimes against humanity by municipal courts — Statutory limitation periods not applicable — Whether applicable to punishment where penalty not inflicted following earlier conviction

War and armed conflict — Crimes against humanity — Definition — London Charter of the International Military Tribunal, 1945, Article 6(c) — Relationship with Article 6, final paragraph, of Charter — Participation in common plan of extermination or persecution — Whether constituting separate offence, aggravating circumstance or essential element in crime against humanity

War and armed conflict — Enforcement of the laws of war — War crimes and crimes against humanity — Superior orders — Availability as possible ground for mitigation of punishment but not as defence — London Charter, Article 8 — Whether requiring jury to be asked whether accused acted pursuant to orders — Whether sufficient for jury to decide merely that there were no extenuating circumstances — The law of France

Relationship of international law and municipal law — Crimes against international law — Punishment of crimes against humanity by municipal courts — Principle of non-applicability of statutory limitation of prosecution — Principle of ne his in idem — Scope of principle — Previous conviction for “maintaining contacts with the enemy” — Whether preventing subsequent prosecution for crimes against humanity arising from the same facts

War and armed conflict — Crimes against humanity — Definition — London Charter of International Military Tribunal, 1945, Article 6(c) — Relationship with Article 6, final paragraph, of Charter — Participation in common plan of extermination or persecution — Whether constituting essential condition for commission of crime against humanity — Whether any requirement that plan must be executed by State systematically practising a policy of ideological supremacy — Whether wartime collaboration of “Vichy” French State with Nazi Germany involving adoption and practice of such policy — Requirement that crimes must have been committed in the interests of one of the European Axis countries — Crime perpetrated by officer in French Militia in “Vichy” France at instigation of officer in Gestapo — Whether constituting crime against humanity

War and armed conflict — Non-hostile relations between belligerents — Armistice — French “Vichy” State — Nature of collaboration with Nazi Germany — Whether involving adoption of systematic policy of ideological supremacy pursued by Nazis — Whether agents of “Vichy” State punishable for commission of crimes against humanity — The law of France

Relationship of international law and municipal law — Crimes against international law — Punishment by municipal courts — Shooting of persons at Berlin Wall by border guards of German Democratic Republic — Prosecution of border guards for homicide following re-unification of Germany — Whether shooting justified to prevent escape to the West under Border Law of German Democratic Republic — Whether shootings at Berlin Wall comparable to mass murder by Nazis — Test of whether acts committed on order of the State exceeded limits set by universally recognized general principles of law — International Covenant on Civil and Political Rights, 1966 — Whether providing yardstick for universally accepted minimum standards

Human rights — Right to life — International Covenant on Civil and Political Rights, 1966 — Article 6(1) — Arbitrary deprivation of life — Border regime of German Democratic Republic — Instructions to border guards to shoot to kill if necessary in order to prevent escapes to the West — Whether constituting arbitrary deprivation of life — Principle of proportionality — Whether interest of German Democratic Republic in preventing escape of its citizens ever justifying use of firearms

Human rights — Freedom of movement — Right to leave one“s country — International Covenant on Civil and Political Rights, 1966 — Article 12(1) and (3) — General denial of right to nationals of German Democratic Republic — Whether violation of International Covenant

Human rights — Procedure for enforcement — Fundamental rights under Basic Law of Federal Republic of Germany — Article 103(2) — Non-retroactivity of criminal law — Scope of rule — Exception for acts which are criminal according to general principles of law recognized by the community of nations — International Covenant on Civil and Political Rights, 1966, Article 15(2)

Relationship of international law and municipal law — Act of State and justiciability — Whether act of State doctrine a general rule of international law — Whether applicable in Federal Republic of Germany — Whether acts of foreign State subject to judicial review in Federal Republic — Whether Unification Treaty, 1990, preventing acts of authorities in German Democratic Republic from being reviewed by courts of Federal Republic

State immunity — Jurisdictional immunity — Foreign armed forces — Prosecution in Federal Republic of Germany of former border guard of German Democratic Republic for murder — Whether soldier acting as agent of foreign State entitled to jurisdictional immunity — Demise of German Democratic Republic following re-unification of Germany — Whether constituting a bar to assertion of jurisdictional immunity

Territory — Effects of change of sovereignty — Re-unification of Germany — Legal consequences — Whether border guards of former German Democratic Republic subject to criminal prosecution in Republic of Germany following re-unification

Treaties — Effect in municipal law — Conflict with municipal law — Whether treaty provisions taking precedence — Duty of courts to interpret municipal law consistently with treaty provisions if possible — International Covenant on Civil and Political Rights, 1966 — Effect of ratification by German Democratic Republic — Conflict with Border Law of German Democratic Republic, 1982 — The law of the Federal Republic of Germany

Relationship of international law and municipal law — Crimes against international law — Punishment by municipal courts — Shooting of persons at Berlin Wall by border guards of German Democratic Republic — Responsibility of former President of German Democratic Republic for ordering measures establishing regime at the Wall — Prosecution of President Honecker for homicide following re-unification of Germany — Whether proceedings should be terminated because accused suffering from advanced incurable cancer

Human rights — Right to human dignity — Basic Law of Federal Republic of Germany, Article 1(1) — Unwritten constitutional principle for German Länder — Criminal proceedings — Accused suffering from incurable illness and most unlikely to live until end of trial — Whether continuation of proceedings in such circumstances violating right to protection of human dignity — Whether any exception where crimes charged are particularly serious and were committed by former Head of State — The law of the Federal Republic of Germany

Extradition — Of nationals — Declaration by the Netherlands pursuant to the European Convention on Extradition, 1957, Article 6(b) — Declaration containing undertaking not to grant extradition requests in respect of “nationals” — Definition of nationals as including “foreigners integrated into the Dutch community” — Determination as to whether a particular individual is such a foreigner — Whether a matter for Executive or courts

Treaties — Application by municipal courts — Declaration made pursuant to treaty provisions — Declaration not incorporated into municipal law — Whether declaration may be enforced by municipal courts — The law of the Netherlands

Extradition — Specialty — Extradition request concerning offences relating to kidnapping — Not all offences forming basis of extradition request enumerated in Extradition Treaty — Treaty permitting Contracting Parties to supplement offences enumerated in Treaty — Whether extradition request violating principle of specialty — France–Netherlands Extradition Treaty, 1895

Extradition — Disguised extradition — Attempt to achieve object of unsuccessful extradition request by means of deportation order — Legality — Requesting State failing to secure extradition of person claimed for all offences specified in extradition request — Subsequent withdrawal of extradition request by requesting State — Whether withdrawal constituting an invitation to requested State to deport person claimed to requesting State

Extradition — Procedure — Withdrawal of extradition request — Whether requesting State having right to withdraw extradition request prior to receiving person claimed

Relationship of international law and municipal law — Conduct of foreign relations — Relations with foreign government — Diplomatic note sent to foreign government regarding the lodging of extradition request — Whether subject matter of diplomatic note raising justiciable question — The law of the Netherlands

Human rights — Enforcement — European Convention on Human Rights, 1950 — Enforcement by national courts — European Convention on Human Rights, 1950 — Extradition of applicant to non-Convention State — Allegation that trial and sentencing procedures in requesting State would be in violation of Convention — Whether court required to investigate veracity of allegations — Decision turning on whether prosecution and sentencing procedures of requesting State in accordance with fundamental principles of Convention — Presumption that requested State only entering into extradition treaties with States having prosecution and sentencing procedures in accordance with Convention

Extradition — Conditions — Requirement that extradition should not violate European Convention on Human Rights, 1950 — Bilateral extradition treaty — Requesting State not party to Convention — Principles by which courts of requested State ensuring extradition to requesting State not causing breach of Convention — Presumption that requested State only entering into extradition treaties with States having prosecution and sentencing procedures in accordance with Convention — Principle of pacta sunt servanda

Treaties — Application — By municipal courts — Conflicting treaty obligations — Resolution of conflict by municipal courts — Obligations under extradition treaty allegedly causing breach of obligations under European Convention on Human Rights, 1950 — Whether Convention taking precedence over provisions of the Netherlands-United States Extradition Treaty, 1980 — The law of the Netherlands

Extradition — Procedure — Transit of extradited person through third State — Benelux Extradition Treaty, 1962, Article 21(1) — Requirement of consent of third State prior to transit — Transit of Dutch national by Belgian authorities from Belgian enclave in the Netherlands to Belgium — Transit undertaken without prior consent of the Netherlands — Whether constituting breach of Extradition Treaty

Human rights — Right to remain in one’s own country — Alleged explusion of plaintiff from State of nationality — European Convention on Human Rights, 1950, Fourth Protocol

State responsibility — Acts and omissions of State organs and officials — Duty to provide diplomatic protection to nationals abroad — Applicant unlawfully transported through State of nationality by foreign State in breach of Extradition Treaty — Refusal by State of nationality to seek return of national from foreign State — The law of the Netherlands

Extradition — Political offence — Definition — Activities of para-military group seeking unification of Ireland — Bomb attack on bar allegedly used by para-military group opposed to the unification of Ireland — Offences committed while escaping from prison — Whether constituting political offences — Requirement that offences be of a purely political nature — Proximity test — Whether commission of offences too remote from stated goal — Significance of motives of accused — Accused treated as special category prisoner by United Kingdom authorities following conviction for participation in bomb attack on bar — Significance

Extradition — Extraditable offence — Principle of reciprocity — Whether presumption that offences forming the basis of extradition request constituting extraditable offences under law of requesting State — Whether specific reference required in treaty in order to constitute extraditable offence

Human rights — Enforcement — By municipal courts — Extradition request — Allegation that requesting State would violate rights of the accused under European Convention on Human Rights, 1950 — Requesting State allowing individuals to petition European Commission of Human Rights in accordance with Article 25 of the European Convention — Whether court of requested State precluded from investigating allegations

Claims — Exhaustion of local remedies — Application of local remedies rule — Extradition — Accused alleging that extradition violating European Convention on Human Rights, 1950 — Application by accused to courts of requesting State seeking injunction preventing his extradition to requested State until his case decided by European Commission of Human Rights — Whether granting of injunctive relief constituting a local remedy and thereby barring further proceedings before the European Commission — European Convention on Human Rights, 1950, Article 26

Treaties — Interpretation — Principles of interpretation — Municipal legislation as an aid to treaty interpretation — Extradition treaty — Municipal legislation setting legal parameters for conclusion of future extradition treaties with foreign States — Vienna Convention on the Law of Treaties, 1969

Relationship of international law and municipal law — Conduct of foreign relations — Discretionary powers of executive in the conduct of foreign governments — Scope of judicial review — The law of the Netherlands

Extradition — Grounds for refusal of extradition request — Reservation by the Netherlands to European Convention on Extradition, 1957, Article 1 — Reservation entitling the Netherlands to refuse extradition in cases of particular hardship — Whether including hardship suffered by accused on account of his having become integrated into the Dutch community

Treaties — Conclusion and operation — Reservations — Interpretation — Requirement that reservation of Treaty be interpreted so as to conform with other Treaty Articles — The law of the Netherlands

Jurisdiction — Visiting forces — Civil action for damages sustained as a result of acts of members of visiting force — Plaintiff also a member of visiting force — NATO Status of Forces Agreement, 1951 — Procedure for dealing with claims in respect of damage caused by members of visiting force — Whether conferring right of action against receiving State

Treaties — Effect in municipal law — NATO Status of Forces Agreement, 1951 — Whether incorporated into English law — Interpretation — The law of England