Human rights — State immunity — Jurisdictional immunity — Civil proceedings against foreign State for unfair dismissal from employment at embassy — Courts of forum State holding defendant State immune — Whether recognition of immunity involving a violation of right of access to courts — European Convention on Human Rights, 1950, Article 6

State immunity — Jurisdictional immunity — Employment — Proceedings for unfair dismissal from employment at embassy barred by State immunity — Whether contrary to human rights

Diplomatic relations — Locally employed staff — Dismissal — Whether sending State entitled to State immunity in proceedings for unfair dismissal from employment at embassy

Human rights — State immunity — Jurisdictional immunity — Civil proceedings against foreign State for unfair dismissal from employment at embassy — Courts of forum State holding defendant State immune — Whether recognition of immunity involving a violation of right of access to courts — European Convention on Human Rights, 1950, Article 6

State immunity — Jurisdictional immunity — Employment — Proceedings for unfair dismissal from employment at embassy barred by State immunity — Whether contrary to human rights

Diplomatic relations — Locally employed staff — Dismissal — Whether sending State entitled to State immunity in proceedings for unfair dismissal from employment at embassy

Human rights — State immunity — Jurisdictional immunity — Civil proceedings against foreign State for compensation after dismissal from employment at embassy — Courts of forum State accepting defendant State’s assertion of immunity in second set of proceedings — Whether recognition of immunity involving a violation of right of access to court — European Convention on Human Rights, 1950, Article 6

State immunity — Jurisdictional immunity — Employment — Proceedings for compensation after dismissal from employment at embassy — Second set of proceedings barred by State immunity — Whether contrary to human rights

Diplomatic relations — Locally employed staff — Dismissal — Whether sending State entitled to State immunity in proceedings for compensation after dismissal from employment at embassy

Human rights — State immunity — Jurisdictional immunity — Civil proceedings against foreign State for repayment of debt arising under loan agreement — Organ of State — Embassy of foreign State failing to give consent to examination of applicant’s claim by courts of forum State — Courts of forum State refusing to examine applicant’s claim — Courts of forum State applying doctrine of absolute immunity — Whether violation of right of access to courts — European Convention on Human Rights, 1950, Article 6

State immunity — Jurisdictional immunity — Commercial transactions — Civil proceedings against foreign State for repayment of debt arising under loan agreement — Organ of State — Application of doctrine of absolute immunity — Whether contrary to human rights

Diplomatic relations — Embassy — Organ of State — Civil proceedings against foreign State for repayment of debt arising under loan agreement — Application of doctrine of absolute immunity — Whether courts of forum State failing to apply international law — Whether right of access to courts violated

Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Annex to Treaty on Trade and Navigation, 1960 — Customary international law — Code of Civil Procedure providing for absolute immunity — Constitution providing international law integral part of domestic legal system — Domestic courts applying doctrine of absolute immunity — Whether domestic courts failing to apply relevant provisions of treaty and principles of customary international law — Whether domestic courts could refuse to examine applicant’s claim — Whether forum State violating Article 6(1) of European Convention on Human Rights, 1950

Economics, trade and finance — Treaties — Trade with foreign States — Annex to Treaty on Trade and Navigation, 1960 — Trade representations — Constituent part of embassy of State — Commercial transactions — Whether absolute or restrictive immunity applicable — Courts of forum State applying absolute immunity — Courts of forum State failing to apply international law — Whether failure to examine applicant’s claim impairing essence of right of access to court — Whether violation of Article 6(1) of European Convention on Human Rights, 1950

Human rights — State immunity — Immunity from execution — Whether distinct from immunity from jurisdiction — Proceedings relating to social security — Section 53(3)(a) of General Social Security Act — Underlying assumption that not possible to enforce obligation to pay social security contributions against employer enjoying extraterritorial status — Whether assumption still valid under international law — Inability of State to rely on State immunity for certain categories of employment contracts — Whether meaning that judgment against foreign State could be enforced in same way as against ordinary employer — Whether obligation to pay social security contributions imposing excessive burden on applicant — Whether interference with right to peaceful enjoyment of possessions proportionate to legitimate aim — Whether violation of Article 1 of Protocol No 1 or Article 14 taken in conjunction with Article 1 of Protocol No 1 or Article 6 of European Convention on Human Rights, 1950

State immunity — Immunity from execution — Employment at embassy — Proceedings relating to social security — Obligation on applicant to pay employer’s social security contributions — Section 53(3)(a) of General Social Security Act — Underlying assumption that not possible to enforce obligation to pay social security contributions against employer enjoying extraterritorial status — Whether assumption still valid under international law — Inability of State to rely on State immunity for certain categories of employment contracts — Whether meaning that judgment against foreign State could be enforced in same way as against ordinary employer — Whether Section 53(3)(a) imposing disproportionate burden on applicant — Whether contrary to human rights

Diplomatic relations — Locally employed staff — Dismissal — Inability of State to rely on State immunity for certain categories of employment contracts — Whether meaning that judgment against foreign State could be enforced in same way as against ordinary employer — Section 53(3)(a) of General Social Security Act — Underlying assumption that not possible to enforce obligation to pay social security contributions against employer enjoying extraterritorial status — Whether assumption still valid under international law

Human rights — State immunity — Jurisdictional immunity — Civil proceedings against foreign State for unfair dismissal from employment at embassy — Courts of forum State holding defendant State immune — Whether recognition of immunity involving a violation of right of access to courts — European Convention on Human Rights, 1950, Article 6

State immunity — Jurisdictional immunity — Employment — Proceedings for unfair dismissal from employment at embassy barred by State immunity — Whether contrary to human rights

Diplomatic relations — Locally employed staff — Dismissal — Whether sending State entitled to State immunity in proceedings for unfair dismissal from employment at embassy

Human rights — State immunity — Jurisdictional immunity — Civil proceedings against foreign State for unfair dismissal from employment at embassy — Courts of forum State holding defendant State immune — Whether recognition of immunity involving a violation of right of access to courts — European Convention on Human Rights, 1950, Article 6

State immunity — Jurisdictional immunity — Employment — Proceedings for unfair dismissal from employment at embassy barred by State immunity — Whether contrary to human rights

Diplomatic relations — Locally employed staff — Dismissal — Whether sending State entitled to State immunity in proceedings for unfair dismissal from employment at embassy

Aliens — Refugees — Rights of settled refugees — Convention relating to the Status of Refugees, 1951 — Article 16 — Access of refugee to courts — Whether requiring courts of one State to take jurisdiction over claims relating to torture allegedly committed in another State

Human rights — Due process — Access to court for civil claim — European Convention on Human Rights, 1950, Article 6 — Proceedings in Swiss courts in respect of torture allegedly committed in another State — Whether judgment that Swiss courts lack jurisdiction a breach of Article 6(1) — Whether international law requires universal jurisdiction in respect of claims of torture

Human rights — Torture — Nature of prohibition of torture — Jus cogens status of prohibition — United Nations Convention against Torture, 1984 — Article 14(1) — Requirement that States provide remedies for victims of torture — Whether requiring universal jurisdiction in civil claims — Whether Convention imposing different requirements for civil and criminal jurisdiction — General Assembly resolution 60/147

Jurisdiction — Universal jurisdiction — Torture — United Nations Convention against Torture, 1984 — Article 14(1) — Requirement that States provide remedies for victims of torture — Whether requiring universal jurisdiction in civil claims — Absence of alternative forum

State immunity — Jurisdictional immunity — Proceedings for registration of foreign judgment — Commercial transaction to guarantee bonds — Whether immunity exception for proceedings concerning “commercial transactions” applicable — Foreign States Immunities Act 1985 (Cth), Sections 9 and 11(1)

State immunity — Immunity from execution — Whether property “in use” or “set aside” for non-commercial purpose — Whether immunity exception for “commercial property” applicable — Whether bank accounts immune from execution — Foreign States Immunities Act 1985 (Cth), Sections 30 and 32(1)

Relationship of international law and municipal law — International law on State immunity — Customary international law — Australia’s obligations under international law — Foreign States Immunities Act 1985 (Cth) — Interpretation — Whether immunity extending to commercial transactions — Whether Immunities Act inconsistent with Foreign Judgments Act 1991 (Cth) — The law of Australia

Diplomatic relations — Diplomatic agents — Immunity from jurisdiction — Action by domestic servant employed at residence of diplomatic agent — Vienna Convention on Diplomatic Relations, 1961, Article 31(1) — Vienna Convention on Consular Relations, 1963, Article 43 — Whether employment within scope of official functions — Whether commercial activity — Whether diplomat and wife immune from suit — Whether domestic courts competent to hear dispute — The law of France

Diplomatic relations — Diplomatic immunity — Immunity from jurisdiction — Action by domestic servant seeking compensation for alleged acts by diplomat — Whether diplomat protected by diplomatic immunity — Whether immunity absolute — Whether immunity from both civil and criminal jurisdictions — Purpose of immunity — Whether immunity applicable in case of grave human rights violations — Whether diplomat deciding upon own immunity — Whether application of German law incorporating Vienna Convention on Diplomatic Relations, 1961 violating constitutional rights under Basic Law for Federal Republic of Germany — Whether diplomat exempt from jurisdiction of German courts

Human rights — Grave human rights violations — Whether diplomatic immunity applicable — Whether infringement of constitutional guarantees — Property rights — Right of access to court — Whether necessary that plaintiff’s claim enforceable in sending State — Compensation — Rule of law principle — German law incorporating immunity — Whether violating constitutional rights — Whether diplomat exempt from jurisdiction of German courts

Relationship of international law and municipal law — Treaties — Application — Vienna Convention on Diplomatic Relations, 1961 — German law incorporating Article 31(1) of Vienna Convention — Relevance of public international law rules — Whether immunity applicable where grave human rights violations — Whether entitlement to immunity dependent on existence of alternative means of securing redress — Basic Law for Federal Republic of Germany — Constitutional guarantees — Whether law incorporating treaty unconstitutional — Whether diplomat exempt from jurisdiction of German courts — The law of Germany