Treaties — Related instruments — Interpretation — Unilateral suspension and abandonment — Customary law — Articles 60 to 62 of the Vienna Convention on the Law of Treaties — Approximate application — Countermeasures — Response to an internationally wrongful act — Proportionality — Unilateral action — Assumption of unilateral control of a shared resource — Distinction between a wrongful act and prior conduct of a preparatory character — Obligation to mitigate damages — Termination — Necessity not grounds for termination — Impossibility of performance — Permanent disappearance or destruction of an object indispensable for execution — Fundamental change of circumstances — Requirement that change be unforeseen — Circumstances constituting an essential basis — Stability of treaty relations — Material breach of the Treaty — Mutual repudiation of the Treaty — Reciprocal non-compliance — Termination by mutual consent — Integrity of the rule pacta sunt servanda

State responsibility — State of necessity as a ground for precluding the wrongfulness — Article 33 of the Draft Articles on State Responsibility — Essential interest — Grave and imminent peril — Act having to constitute the only means of safeguarding the interest threatened — Party having contributed to the occurrence of the state of necessity

Environment — Rivers — Effects of the Project on the environment — Emergence of new norms of environmental law — Sustainable development — Equitable and reasonable share of the resources of an international watercourse — Environmental Impact Assessment — No peremptory norms of environmental law — Treaty-based obligation to apply evolving standards to protect nature

State succession — Dissolution of Czechoslovakia — Article 12 of the Vienna Convention on Succession of States in Respect of Treaties, 1978 — Customary law — No effect on treaties creating rights and obligations attaching to territory

Damages — Ex injuria jus non oritur — Objectives of the Treaty — Purpose and intention of parties in concluding treaty prevailing over literal interpretation — Obligations overtaken by events — Recognition of positions adopted by the Parties after conclusion of the Treaty — Good faith negotiations — Joint regime — Reparation for acts committed by both Parties — Intersecting wrongs — Settlement of accounts for the construction

International tribunals — Inter-American Court of Human Rights — Jurisdiction — Advisory opinions — Article 64(2) of American Convention on Human Rights, 1969 — Costa Rica seeking advisory opinion as to compatibility of its draft legislation with Article 8(2)(h) of Convention — Legislation not yet in force — Relevance — Method of interpretation of terms of treaty — Whether granting advisory opinion would undermine Court's contentious jurisdiction — Necessity to protect rights of potential victims of human rights violations — Whether request admissible — Whether Court compelled to answer questions posed

Human rights — Right to life — Right to humane treatment — Right to personal liberty — right to judicial protection — Treaties — American Convention on Human Rights, 1969 — Articles 1, 2, 4, 5, 7 and 25 of the Convention — Massacre in Suriname — Victims members of Saramaca tribe — Republic of Suriname accepting responsibility for violation of human rights

Relationship of international law and municipal law — Obligation to make reparation codified in Article 63(1) of American Convention on Human Rights, 1969 — Applicability of international law to all aspects of reparation — Scope, characteristics and beneficiaries of reparation — Whether such legal obligation subject to modification or suspension by municipal law of respondent State — Relevance of family law of Republic of Suriname — Whether applicable to Saramaca tribe — Determination of victims' successors for reparation purposes — Applicability of general principles of law — Article 38(1) (c) of Statute of International Court of Justice — Relevance of Saramaca custom

Damages — For human rights violations — Obligation to make reparation — Scope of compensation — Actual damages — Moral damages — Right to compensation for damages being transmitted to victims' successors — Determination of successors — Admissibility of claims by dependants — Whether whole Saramaca tribe entitled to moral damages — American Convention on Human Rights, 1969, Article 63(1)

Treaties — Nature of a treaty — Agreement with native American tribe — Whether a treaty — Validity — Jus cogens — Agreement contrary to subsequent norm of jus cogens

Human rights — Treaties — American Convention on Human Rights, 1969 — Right to life — Right to humane treatment — Right to personal liberty — Right to judicial protection — Whether Suriname violating Articles 4, 5, 7 and 25 of Convention

International tribunals — Inter-American Court of Human Rights — Function — Jurisdiction — Role of Inter-American Commission on Human Rights — American Convention on Human Rights, 1969

State responsibility — Imputability — Victim illegally detained by members of Military Police of Suriname — Whether unlawful act imputable to Suriname — Whether Suriname internationally responsible for violation of Convention right — Violation of human rights treaty

Damages — For human rights violation — Fair compensation — Amount of compensation — Entitlement to compensation — American Convention on Human Rights, 1969, Article 63(1)

State responsibility — Violation of human rights treaty — International obligations under American Convention on Human Rights, 1969 — Promulgation of domestic law manifestly violating Convention — Whether violation affecting protected rights and freedoms of specific individuals — Whether State incurring international responsibility — Enforcement of domestic law by agents or officials of State — Whether State incurring international responsibility — Whether enforcement of law constituting international crime — Duties and responsibilities of agents or officials — Whether agents or officials of State incurring individual responsibility

Relationship of international law and municipal law — Treaties — American Convention on Human Rights, 1969 — 1993 Peruvian Constitution manifestly violating Peru's international obligations under Convention — Legal effects of municipal law in domestic sphere — Legal effects of municipal law in international sphere — General principles of international law — Duty to fulfil international obligations in good faith — Municipal law no justification for non-fulfilment of international obligation — Articles 26 and 27 of Vienna Convention on Law of Treaties, 1969

Treaties — American Convention on Human Rights, 1969 — International obligations of State Party to Convention — Article 1 — Duty to respect rights and freedoms recognized in Convention — Article 2 — Duty to adopt domestic measures giving effect to rights — Whether encompassing duty to refrain from adopting domestic measures violating rights

International tribunals — Inter-American Court of Human Rights — Advisory jurisdiction — Purpose — Whether Court possessing requisite competence to render opinion — Inter-American Commission on Human Rights requesting Advisory Opinion — Nature of request — Whether Commission basing request on Article 64(1) or 64(2) of Convention — Whether Commission having necessary standing

Human rights — Treaties — American Convention on Human Rights, 1969 — Right to personal liberty — Right to humane treatment — Right to a fair trial — Right to judicial protection — Whether Peru violating Articles 7, 5, 8 and 25 of Convention — Validity of suspension of guarantees in emergency situations — Trial before military and civil courts on same facts — Whether violating principle of non bis in idem — Article 8(4) of Convention

International tribunals — Inter-American Court of Human Rights — Remedies — International human rights tribunal ordering State to release prisoner within reasonable time — American Convention on Human Rights, 1969

International tribunals — Procedure — Inter-American Court of Human Rights — Whether international court for protection of human rights bound by same formal rules binding municipal courts — Whether instruments granting representation valid — Court's duty to ensure effective protection of human rights

Relationship of international law and municipal law — Reparations — Applicable law — Article 63(1) of American Convention on Human Rights, 1969 — International law governing scope, nature, modality and determination of beneficiaries of reparations — Whether subject to alteration by municipal law — Peru's obligation to take necessary domestic measures to comply with Convention — Article 2 of Convention — Invocation by Peru of domestic law to avoid compliance with international obligations — Whether possible

State responsibility — Imputability — Human rights violation — Whether State responsible — Whether unlawful act imputable to State — Whether State having duty to make reparations

Damages — For human rights violations — Release of victim — Whether sufficient to redress violations — Reparations — Forms of damages — Restitution — Compensatory damages — Pecuniary damages — Moral damages — Scope, basis and amount of compensation — Whether damage to “life plan” new head of damages — Whether damage quantifiable — Costs — Proportionality requirement — Entitlement to compensation — Victim and next of kin — Interpretation of term “next of kin” — Whether injured parties — Method of calculation — American Convention on Human Rights, 1969, Article 63(1)

Human rights — Treaties — American Convention on Human Rights, 1969 — Terrorism in Peru — Forced disappearances by Peruvian security forces — Acts of Peruvian police force imputable to State — Right to personal liberty — Right to humane treatment — Right to life — Right to a fair trial — Right to judicial protection — Whether Peru violating Articles 7, 5, 4, 8 and 25 of Convention — Whether Peru acting in violation of 1979 Peruvian Political Constitution

Relationship of international law and municipal law — Reparations — Applicable law — Article 63(1) of American Convention on Human Rights, 1969 — International law governing scope, nature, modality and determination of beneficiaries of reparations — Whether subject to alteration by municipal law — Peru's obligation to take necessary domestic measures to comply with Convention and judgment of Court — Articles 1(1) and 2 of Convention — Municipal amnesty laws — Whether limitation on impunity acceptable

International tribunals — Procedure — Inter-American Court of Human Rights — Unique characteristics of proceedings — Whether Court bound by same formalities as domestic courts — Admissibility of evidence

State responsibility — Violation of international norm — Whether State responsible — Whether unlawful act imputable to State — Whether State having duty to make reparations

Damages — For human rights violations — Reparations — Peru having duty to make proper reparation — Appropriate forms of reparation — Compensatory damages — Pecuniary damages — Moral damages — Scope, basis and amount of compensation — Proportionality requirement — Method of calculation — Entitlement to fair compensation — Victim and next of kin — Determination of next of kin — Identification of “injured party” — Victim belonging to wider community and nation — Whether community and nation entitled to moral damages — Peru having duty to investigate facts and to punish those responsible — American Convention on Human Rights, 1969, Article 63(1)

State immunity — Attachment and execution — Embassy bank account — Account allocated to cover embassy expenditure — Whether enforcement admissible if account not allocated exclusively for sovereign activities of diplomatic mission — Test to be applied — Abstract danger to ability of mission to function — Whether requiring immunity from attachment even if bank account only partly allocated to cover embassy expenditure — Whether any rule of customary international law on the matter — The law of Austria

State immunity — Jurisdictional immunity — Employment dispute — Locally recruited employee of mission of foreign State — Employee having nationality of receiving State — Dismissal “for security reasons” — Claim for severance pay — Whether foreign State entitled to jurisdictional immunity — Relevance of failure of employer State further to specify grounds for dismissal — European Convention on State Immunity, 1972, Article 5 — Extent to which Convention rules may be applicable to non-parties — Whether enquiry into justification for dismissal would infringe sovereignty of foreign State — Scope of duty of foreign State to give reasons for dismissal — The law of Austria

Expropriation — Territorial limitations — Dissolution of corporation and transfer of assets — Iraqi invasion and annexation of Kuwait — Purported dissolution by Iraq of Kuwaiti company and transfer of assets to Iraqi company — Whether effective to transfer title — Whether to be recognized by courts of third country as determining title to property moved to Iraq before date of decree

Governments — De facto governments — Occupation of territory in armed conflict — Purported annexation of territory — Iraqi occupation and annexation of Kuwait — Whether Iraq to be regarded as de facto government of Kuwait during occupation — Significance of international condemnation of occupation and annexation

International organizations — United Nations — Security Council — Effect of Security Council resolutions — Resolutions adopted under Chapter VII of the United Nations Charter — Effects before courts of Member State — Security Council resolutions regarding Iraqi invasion of Kuwait — Duty on States not to recognize annexation of Kuwait or related Iraqi actions — Duty of Iraq to rescind legislation on annexation of Kuwait

Recognition — Of governments — United Kingdom practice — 1980 declaration that United Kingdom Government would no longer recognize governments — Application by courts in the United Kingdom — Position where United Kingdom Government makes unequivocal statement that it does not recognize a regime — United Kingdom non-recognition of Iraqi claims to Kuwait — Whether English courts precluded from treating Iraq as de facto government of Kuwait during occupation

Relationship of international law and municipal law — Act of State and non-justiciability — Nature of act of State doctrine — Whether separate principle of non-justiciability — Whether there are circumstances in which English courts entitled to inquire into compatibility of acts of a foreign sovereign with international law — Public policy — Whether public policy including considerations of international law — Relevance of United Nations Security Council resolutions determining that acts of foreign sovereign involve serious breaches of international law

States — Existence of State — Occupation of entire territory of State followed by annexation — Whether State ceasing to exist — Kuwait — Iraqi annexation in 1990 — Rescission of annexation in 1991

War and armed conflict — Occupation — Iraqi occupation of Kuwait — Illegality — Invalidity of measures taken by Iraq to annex Kuwait and take property of Kuwaiti State corporations — The law of England

Consular relations — Protection of nationals — Limitations — Duty of non-interference in the internal affairs of receiving State — Vienna Convention on Consular Relations, 1963, Article 55 — Alleged violation of right to a fair trial — Whether permissible for State exercising protection to seek to intervene in the judicial process

Diplomatic relations — Protection of nationals — Limitations — Duty of non-interference in the internal affairs of receiving State — Vienna Convention on Diplomatic Relations, 1961, Article 41 — Formal representations by State about treatment of its nationals — Requirement of exhaustion of local remedies

Human rights — Remedies — Allegations of torture of foreign nationals — Foreign nationals allegedly denied right to fair trial — Right of protection of State of nationality

Relationship of international law and municipal law — Conduct of foreign relations — Exercise by State of right to protect nationals abroad — Refusal by Government to intervene in judicial process in foreign State — Whether subject to judicial review — The law of England

State immunity — Jurisdictional immunity — Embassy employee — Nurse and medical administrator — Employment dispute — Claim for damages for wrongful dismissal — Whether foreign State entitled to jurisdictional immunity — Whether employee having any special responsibility for public service of embassy — The law of France

State immunity — Jurisdictional immunity — Employment dispute — Employee of embassy of foreign State-Locally recruited national of receiving State employed in administrative capacity — Claim for unfair dismissal — Whether foreign State entitled to jurisdictional immunity — Restrictive theory of immunity — Whether employment performed jure gestionis or jure imperii — Whether employment activity forming necessary part of functions of diplomatic mission

Relationship of international law and municipal law — Customary international law — Establishment of rules through State practice — State immunity — Restrictive theory of immunity — Scope of rule — The law of Portugal

State immunity — Jurisdictional immunity — Employment disputes — Locally recruited employees of mission of foreign State — Employees having nationality of receiving State or third States — Claim for salary increases — Whether foreign State entitled to jurisdictional immunity — Whether any distinction between acts performed jure imperii or jure gestionis — The law of Portugal

State immunity — Jurisdictional immunity — Employment dispute — Locally recruited telephonist employed by mission of foreign State — Employee having nationality of receiving State — Claim for payment arrears — Distinction between sovereign and non-sovereign activities — Distinction between senior and subordinate employees — The law of Switzerland

International organizations — Immunity — Jurisdictional immunity — Foreign national employed as secretary by international organization — Contract of employment — Dispute — Whether subject to jurisdiction of national courts — Absence of any headquarters agreement governing the position — Whether international organization under any duty to establish administrative tribunal to settle such disputes — Whether entitlement of international organization to jurisdictional immunity dependent upon establishment of such a tribunal

International organizations — Immunity — Jurisdictional immunity — Scope — Whether absolute — Whether having erga omnes effect for third States — Whether scope of immunity dependent upon headquarters agreement or rule of customary international law — Whether immunity in private contract disputes dependent upon establishment of an internal dispute settlement procedure — The law of Switzerland

State immunity — Jurisdictional immunity — Locally recruited foreign national employed as driver by mission of foreign State — Contract of employment — Claim for wrongful dismissal — Whether foreign State entitled to jurisdictional immunity — Subordinate nature of employment — Whether dismissal of such an employee constituting an act of State — Whether enquiry into lawfulness of dismissal would infringe sovereignty of foreign State — Whether courts entitled to exercise jurisdiction over claim relating to purely financial matters — The law of Switzerland

State immunity — Jurisdictional immunity — Employment dispute — Locally recruited chauffeur employed by mission of foreign State — Employee having same nationality as employer State — Claim for salary arrears and overtime pay — Whether foreign State entitled to jurisdictional immunity — Subordinate nature of employment — Relevance of fact that employee of same nationality as employer State — European Convention on State Immunity, 1972 — Extent to which Convention rules may be applicable to non-parties as evidence of generalized State practice — The law of Switzerland

State immunity — Jurisdictional immunity — Employment dispute — Locally recruited interpreter/translator employed by mission of foreign State — Claim for salary arrears — Whether foreign State entitled to jurisdictional immunity — Whether employee performing merely subordinate functions — The law of Switzerland