Jurisdiction — Personal — Crimes committed on board ship — Alleged negligence by Italian officer on board Italian merchant ship in Spanish territorial waters — Whether jurisdiction of flag State exclusive — Brussels Convention on Penal Jurisdiction in Matters of Collision or Other Incidents of Navigation, 1952

Sea — Ships — Crimes committed on board ship — Jurisdiction of flag State — The law of Italy

State immunity — Jurisdictional immunity — Employment dispute — Claim brought by State radio announcer — Entitlement to immunity where employment in pursuit of public purposes of foreign State and tasks not purely mechanical — Distinction between interpreter and announcer

States Holy See — Vatican City — Status under international law — Lateran Treaty, 1929 — Extent of entitlement to immunity from jurisdiction — Employment dispute — Claim brought by Vatican City radio announcer — Recognition of special requirements of Church's “mission in the world” — The law of Italy

War and armed conflict — Enforcement of the laws of war — War crimes and crimes against humanity — London Charter of the International Military Tribunal, 1945, Article 6(b) and (c) — Distinction between war crimes and crimes against humanity — Whether crimes against humanity confined to crimes motivated by racial or religious factors — Whether torture and ill-treatment of members of French Resistance capable of constituting a crime against humanity, as well as a war crime — Time-limits under French law for prosecution of war crimes

War and armed conflict — Crimes against humanity — Definition — International criminal law — Effect in municipal legal order — Jurisdiction of municipal courts — Whether prosecution of crimes against humanity subject to statutory time-limits

Jurisdiction — Irregular return to State of trial — Defendant deported to State of which he was not a national — Receiving State wishing to charge him with crimes against humanity — No extradition treaty between returning and receiving States — Whether circumstances of defendant’s return a bar to prosecution

Jurisdiction — Universal — Crimes against international law — Crimes against humanity — Jurisdiction of municipal courts

Extradition — Conditions — Return of fugitive offender other than by extradition — Whether disguised extradition — Whether a bar to prosecution in receiving State

Human rights — Punishment of crimes against humanity — Whether any right to benefit of statutory limitation of prosecution — Whether guaranteed by Articles 7(2) and 60 of European Convention on Human Rights, 1950, or Article 15(2) of International Covenant on Civil and Political Rights, 1966

Relationship of municipal law and international law — Crimes against international law — Punishment of crimes against humanity by municipal courts — International criminal order — Abolition of frontiers — Inapplicability of statutory limitation of prosecution — Principles of law recognized by the community of nations — Integration into municipal legal system — Treaties — Interpretation by the executive — The law of France

Treaties — Conclusion and operation — Constitutional limitations — Control of compatibility of treaty with Basic Law of Federal Republic of Germany — Role of Federal Constitutional Court — Treaty between Federal Republic of Germany and German Democratic Republic — Interpretation so as not to conflict with requirements of Basic Law of Federal Republic — Ratification and entry into force — Whether ratification may take place prior to completion of examination of treaty by Federal Constitutional Court

Treaties — Interpretation — Principles and rules — Avoidance of conflict with municipal constitutional law — Choice of interpretation which conforms with requirements of Basic Law of Federal Republic of Germany

Treaties — Special kinds of treaties — Treaty on the Basis of Relations between the Federal Republic of Germany and the German Democratic Republic, 1972 — Special character — Treaty governing relations between the two German States inter se — Applicability of rules of international law

States — Continuity of States — Status of Germany after 1945 — Status of Berlin — Whether Federal Republic of Germany is legal successor to German Reich — Continued existence of German Reich under international law — Effect of Treaty on the Basis of Relations between the Federal Republic of Germany and the German Democratic Republic, 1972

States — Recognition — German Democratic Republic as State and subject of international law — Attitude of Federal Republic of Germany — De facto recognition

Nationality — Effects of change of sovereignty — Division of Germany after 1945 — Single German nationality — Preservation — Basic Law of Federal Republic of Germany, Article16

Territory — Effects of changes of sovereignty — Legal status of Germany after 1945 — Legal status of Berlin — Consequences of Treaty on the Basis of Relations between the Federal Republic of Germany and the German Democratic Republic, 1972

Territory — Occupation of foreign territory in time of peace — Status of Berlin — Effect of Treaty on the Basis of Relations between the Federal Republic of Germany and the German Democratic Republic, 1972

Relationship of international law and municipal law — Treaties — Treaty on the Basis of Relations between the Federal Republic of Germany and the German Democratic Republic, 1972 — Compatibility with Basic Law of the Federal Republic — The law of the Federal Republic of Germany

Treaties — Conclusion and operation — Constitutional limitations — Treaties with a general political character — Whether violating rights of individuals — Interpretation — Principles and rules — Political and historical background and aim of treaty decisive for its interpretation — Clear and unambiguous language in treaty essential for creation of legal rights and obligations

Relationship of international law and municipal law — Treaties — Whether creating directly applicable rights and obligations for individuals — Requirement that treaty make express and clear provision for such rights and obligations

States — Continuity of States — Status of Germany after 1945 — Status of Eastern territories — Questions reserved for final peace settlement — Effect of Moscow Treaty between Federal Republic of Germany and Union of Soviet Socialist Republics, 1970, and Warsaw Treaty between Federal Republic of Germany and People’s Republic of Poland, 1970, concerning the Basis for the Normalization of their Mutual Relations — Sovereignty and independence — In foreign relations — Power of courts to review exercise of treaty-making power by executive — Treaties with a general political character

State responsibility — For interference with property rights — Duty of Federal Republic of Germany to protect property rights of its nationals — Whether conclusion of Moscow and Warsaw Treaties violates duty of Federal Republic to provide diplomatic protection for its citizens

Territory — Effects of changes of sovereignty — Legal status of Germany after 1945 — Legal status of Eastern territories — Consequences of Moscow and Warsaw Treaties, 1970 — Occupation of foreign territory in time of peace — Status of German Eastern Territories — Effect of Moscow and Warsaw Treaties, 1970 — The law of the Federal Republic of Germany

Human rights — Arrest and detention — Freedom from — Persons of unsound mind — European Convention on Human Rights, 1950, Article 5(1) — Circumstances in which detention justified — Requirement of speedy process to review legality of detention — Undue delay — Article 5(4)

Damages — Human rights violations — European Convention on Human Rights, 1950, Article 50 — Non-pecuniary loss — Applicant’s conduct contributing to delay — Whether applicant would have been released earlier if provisions of Convention had been complied with — Non-pecuniary loss — Declaration of Court constituting sufficient satisfaction

Human rights — Fair trial — Appeal against conviction — Absence of accused and lawyer — Appointment of lawyer by court — European Convention on Human Rights, 1950 — Article 6(3)(c) — Whether practical and effective defence — Whether authorities at fault — Positive obligations to ensure compliance with requirements of Convention

Damages — Human rights violation — European Convention on Human Rights, 1950 — Article 50 — Just satisfaction — Loss of opportunity and non-pecuniary loss

Human rights — Arrest and detention — Freedom from — Permissible restrictions — Arrest and detention on remand of conscript servicemen — Offences contrary to military code — Validity — European Convention on Human Rights, 1950, Article 5(1) — Right to be brought before officer authorized by law to exercise judicial power — Article 5(3) — Authority with advisory power — Auditeur-militair — Internal practice of following his advice — Whether sufficient — Independence — Right to speedy determination of legality of detention — Article 5(4) — Whether period of entitlement to run concurrently with period in Article 5(3) — Delays under military procedure — Whether a deprivation of access to speedy determination — Discrimination — Whether justifiable — Article 14 in conjunction with Article 5

International tribunals — Jurisdiction — Preliminary objections — Non-exhaustion of domestic remedies — Article 26 — Stage in proceedings at which objection to be raised — Estoppel — Effectiveness and accessibility of domestic remedies — Burden of proof — Whether applicants qualify as “victims” — Whether proof of detriment required — Article 25 — European Commission and Court of Human Rights

Damages — Human rights violations — European Convention on Human Rights, 1950, Article 50 — Non-pecuniary loss

Human rights — Arrest and detention — Freedom from — Permissible restrictions — Right to be brought promptly before officer authorized by law to exercise judicial power — European Convention on Human Rights, 1950, Article 5(3) — Military discipline — Authority with advisory power — Auditeur-militair — Internal practice of following his advice — Whether sufficiently independent — Officier-commissaris — Whether empowered to exercise judicial authority — Whether hearing on referral for trial before military court sufficient degree of judicial control

Human rights — Procedure — Victim of a human rights violation — Definition — Whether fact that applicants' periods of detention on remand taken into account in sentencing meant that they ceased to be victims in respect of alleged violations regarding their detention on remand — Preliminary objection by government not referred to before Court — Presumption that objection withdrawn

Damages — Human rights violations — European Convention on Human Rights, 1950, Article 50 — Non-pecuniary loss

Human rights — Arrest and detention — Freedom from — Permissible restrictions — Right to be brought promptly before officer authorized by law to exercise judicial power — European Convention on Human Rights, 1950, Article 5(3) — Military discipline — Authority with advisory power — Auditeur-militair — Internal practice of following his advice — Whether sufficiently independent — Officier-commissaris — Whether empowered to exercise judicial authority — Whether hearing on referral for trial before military court sufficient degree of judicial control — Whether military court sufficiently independent

Human rights — Procedure — Exhaustion of domestic remedies — Whether European Commission of Human Rights required to examine ex officio

Damages — Human rights violations — European Convention on Human Rights, 1950, Article 50 — Non-pecuniary loss

Human rights — Fair trial — Disciplinary proceedings against convicted prisoner — Penalty of loss of remission — Whether proceedings amounting to the determination of a criminal charge — Proceedings before prison board of visitors — Whether board an impartial and independent tribunal — Whether proceedings required to be held in public — Whether sentence required to be pronounced in public — Right to legal representation before board — Access to lawyer before hearings — Access to courts — Prisoners wishing to take civil proceedings against prison authorities — Requirement that complaint first be ventilated through internal prison procedures — Restrictions on access to lawyers — Respect for correspondence — Interference with prisoners' correspondence — Right to a remedy under domestic law — European Convention on Human Rights, 1950, Articles 6, 8 and 13

International tribunals — European Court of Human Rights — Procedure — Plea that applicant had failed to exhaust local remedies — Plea not raised before European Commission of Human Rights — Whether respondent State estopped from raising plea before Court — Existence of certain remedies only becoming apparent as a result of decision of English court while proceedings before European Court of Human Rights pending — Whether Court bound by Commission's decision regarding non-exhaustion of local remedies — Nature of proceedings before Court — Whether Court entitled to take account of changes in law of respondent State effected after events which are the substance of the complaint had occurred

Claims — Exhaustion of local remedies — Availability of remedy — Existence of remedy required to be sufficiently certain before it can be regarded as available — Doubts concerning effectiveness of remedy — European Convention on Human Rights, 1950, Article 26

Damages — Human rights violations — Pecuniary and non-pecuniary loss — Whether findings that violations had occurred constitute sufficient satisfaction — European Convention on Human Rights, 1950, Article 50

Human rights — Access to court — Right to a hearing within a reasonable time — Criteria for determining whether length of proceedings reasonable — Delay in routine procedural steps — Whether justified in view of disruption to Portuguese judicial system as a result of restoration of democracy — Whether temporary backlog of cases justifiable — European Convention on Human Rights, 1950, Article 6(1)

State responsibility — For acts of the judiciary — Temporary backlog of cases — Whether engaging responsibility of State

Damages — Human rights violations — Unreasonable delay in civil proceedings — Effectiveness of proceedings diminished — Loss of interest on amount of damages due to delay — European Convention on Human Rights, 1950, Article 50

Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Effect in English law — Whether Secretary of State required to take account of Convention in exercising discretionary powers

Human rights — Enforcement — Access to organs of European Convention on Human Rights, 1950 — Deportation of applicant to non-Convention State while application pending — Whether effectively denying her opportunity to pursue application — Family rights — Allegation that deportation of applicant would interfere with her right to respect for her family life — The law of England

International tribunals — European Commission of Human Rights — Proceedings before — Whether legal proceedings — Whether individual petitioner a party to proceedings — Function of Commission — Whether judicial or investigative — European Court of Human Rights — Proceedings before — Whether individual petitioner a party to proceedings — Petition by prisoner — Whether prison authorities entitled to examine correspondence between petitioner and his legal adviser concerning proceedings — European Agreement relating to Persons participating in Proceedings of the European Commission and Court of Human Rights, 1969, Article 3(2)

Human rights — Correspondence — Respect for — Prisoner’s correspondence with legal adviser — Enforcement of human rights — Access to organs of European Convention on Human Rights, 1950 — The law of England

Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Effect in English law — Whether Secretary of State required to take account of Convention in exercising discretionary powers

Human rights — Enforcement — Access to organs of European Convention on Human Rights, 1950 — Extradition of applicant to non-Convention State — Whether effectively denying him opportunity to pursue application

Enforcement by national authorities — Interim measures of protection indicated by European Commission of Human Rights — Whether national authorities under a duty to take such indications into account in exercising discretionary powers

International tribunals — European Commission of Human Rights — Interim measures of protection — Legal effect — The law of England

Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Effect in English law — Whether part of English law — Whether courts may take account of Convention in determining questions of public policy — Presumption that English law will be compatible with international obligations of the United Kingdom — Effect of presumption on common law

Human rights — Expression — Freedom of — Restrictions upon — Prior restraint of publications likely to affect proceedings pending before court — Definition of court — Local valuation court — Whether a court for purposes of contempt of court laws — Whether restrictions necessary in a democratic society — European Convention on Human Rights, 1950, Article 10 — The law of England

Relationship of international law and municipal law — Treaties — Treaty not incorporated into English law — European Convention on Human Rights, 1950 — Effect in English law — Effect of decision of the European Court of Human Rights — Whether obligations and rights created by the Convention justiciable in the English courts — Public policy — Whether courts should have regard to Convention in determining rules of public policy

Human rights — Association — Freedom of — Right to join trade union — European Convention on Human Rights, 1950, Article 11 — Whether conferring right for individual to join trade union of his choice — Extent of right — Agreement between trade unions that union will not accept into membership someone who has been a member of another union — Application of this principle by Trades Union Congress disputes committee — Individual expelled from union in order to give effect to ruling of committee — Whether expulsion contrary to Article 11 — Whether contrary to English public policy — The law of England

States — British Commonwealth — Canada — Independence of Canada — Separation of the Crown in Canada from the Crown in the United Kingdom — Obligations of the Crown to the Indian peoples of Canada — Whether obligations of the United Kingdom Government or the Government of Canada — British North America Acts 1867 and 1930 — Statute of Westminster 1931

State succession — Treaties — Canada — Succession of Crown in right of Canada to treaty obligations of Crown in right of the United Kingdom — Whether a matter of international law or constitutional law — Date at which succession took place

Treaties — Parties — Agreements between Crown and Indian tribes in Canada — Agreements concluded during eighteenth and nineteenth centuries — Whether agreements between States — Whether treaties in international law — The law of England

States — British Commonwealth — Canada — Independence of Canada — British North America Act 1867 — Statute of Westminster 1931 — Canada Act 1982 — Whether Statute of Westminster deprived United Kingdom Parliament of power to legislate for Canada otherwise than in accordance with its terms — Whether Canada Act contrary to Statute of Westminster — Requirement of consent of Canada to legislation — Whether courts or Parliament to determine whether consent actually given — Whether Act passed in contravention of the Statute of Westminster invalid — Separation of the Crown in Canada from the Crown in the United Kingdom — Obligations of the Crown to the Indian peoples of Canada — Whether obligations of the Crown in Canada or the Crown in the United Kingdom

State succession — Treaties — Canada — Succession of Crown in right of Canada to treaty obligations of Crown in right of the United Kingdom — Whether a matter of international law or constitutional law — Date at which succession took place

Jurisdiction — Territorial — Legislation — Whether United Kingdom Parliament has power to pass legislation applying to foreign countries — Whether English courts may declare legislation invalid on the ground that it purports to apply to a foreign country — Whether act of English court in determining validity of foreign law within foreign State an assertion of extraterritorial jurisdiction.

Relationship of international law and municipal law — Recognition and enforcement of foreign laws — Whether English courts will determine validity of the law of an independent State within that State

Treaties — Parties — Agreements between British Crown and Indian tribes in Canada — Agreements concluded during eighteenth and nineteenth centuries — Whether agreements between States — Whether treaties in international law — The law of England

Diplomatic relations — Immunity — Diplomat — Divorce proceedings against diplomat — Application by diplomat to strike out divorce petition on grounds of immunity — Loss of diplomatic status before hearing of application — Whether divorce petition barred by immunity — Vienna Convention on Diplomatic Relations, 1961, Article 31 — Diplomatic Privileges Act 1964 — The law of England