Human rights — Jus cogens character of certain human rights norms — Prohibition of genocide — Genocide Convention, 1948 — Status — Nature of rights and obligations under Genocide Convention — Character as obligations erga omnes

International Court of Justice — Jurisdiction — Principles on which jurisdiction based — Whether Court should adopt strict approach to jurisdiction — Disputes clause in multilateral treaty — Genocide Convention, 1948, Article IX — Jurisdiction ratione personae — Whether Convention in force between claimant and respondent — Date at which Convention must be in force — Jurisdiction ratione materiae — Scope of Convention — Nature of disputes covered by Article IX — Jurisdiction ratione temporis — Admissibility

International Court of Justice — Counter-claims — Rules of Court, Article 80 — Definition of counter-claim — Requirement of direct connection between counter-claim and original claim — Meaning — Connection in fact and in law — Discretion of Court — Procedure — Whether Court obliged to hold oral proceedings on admissibility of counter-claim

International criminal law — Genocide — Genocide Convention, 1948 — Definition — Nature of obligations under Genocide Convention — Whether conferring rights and imposing responsibility upon States

International organizations — United Nations — Admission of new member — Significance — Admission of Bosnia and Herzegovina as member — Whether establishing Statehood of Bosnia and Herzegovina — Recognition of President of Bosnia and Herzegovina

Recognition — Of States and governments — Significance — Whether establishing that entity is a State — Whether signifying acceptance of claim to succession — Recognition of particular individual as Head of State — Significance of non-recognition — Whether treaty in force between States which do not recognize one another — Subsequent act of mutual recognition — Dayton — Paris Agreement between Bosnia and Herzegovina, Croatia and Federal Republic of Yugoslavia

State responsibility — Acts of State organs — Relationship between State responsibility and individual criminal responsibility — Genocide — Genocide Convention, 1948 — Whether State can be responsible for genocide contrary to the Convention — Whether dispute regarding alleged responsibility of State for genocide falling within Article IX of the Convention — Prohibition of genocide as obligation owed erga omnes — Significance

State succession — Dissolution of State — Socialist Federal Republic of Yugoslavia — Emergence of Bosnia and Herzegovina as State — Treaty obligations of former Yugoslav State — Genocide Convention, 1948 — Whether Bosnia and Herzegovina succeeding to obligations of former Yugoslavia — Concept of automatic succession to certain treaties — Whether part of customary international law — Date on which Bosnia and Herzegovina became party to Genocide Convention

States — Existence — Admission to United Nations — Circumstances in which State created — Significance of recognition and non-recognition

Treaties — Application — Genocide Convention, 1948 — Nature of rights and obligations — Interpretation — Succession of new States

War and armed conflict — Character of conflict — Conflict in Bosnia and Herzegovina — Whether internal or international — Allegations of genocide — Whether affected by character of conflict

Human rights — Right to life — Nuclear weapons — Testing of nuclear weapons — Whether French nuclear tests in the South Pacific constituting a threat to life — Whether residents of islands near test area victims of violations of the International Covenant on Civil and Political Rights, 1966

International tribunals — United Nations Human Rights Committee — Competence — Admissibility of communication — Requirement that author of communication be a victim of a violation — Matter simultaneously brought before two human rights tribunals

Human rights — Right to property — Confiscation of property in Hungary during Communist period — Confiscation based on racial factors — Post-Communist legislation providing for compensation but not for restitution of property — Whether violation of owner’s rights under International Covenant on Civil and Political Rights, 1966

Human rights — Right to a fair trial — Trial of terrorist suspect before special criminal court — Ireland — Whether court possessing sufficient independence — Procedures followed — Whether communication inadmissible — Inadmissibility ratione temporis — Trial occurring before entry into force of human rights instruments for Respondent State — Concept of continuing violation — Requirement of exhaustion of domestic remedies

International tribunals — United Nations Human Rights Committee — Competence — Domestic remedies rule — Failure to exhaust domestic remedies — Whether communication inadmissible ratione temporis — Date of entry into force of International Covenant on Civil and Political Rights, 1966 and Optional Protocol for Respondent State

Human rights — Right to a fair trial — Non-disclosure of prosecution evidence to the defence — Effects — Circumstances in which it is appropriate for international human rights tribunal to question conduct of trial — Actions of defence counsel — International Covenant on Civil and Political Rights, 1966, Article 14

Human rights — Torture, inhuman and degrading treatment — Prison conditions — ‘Death row’ phenomenon — Whether length of time convicted person held on death row amounts to inhuman treatment — Failure of State to investigate conditions in prison — International Covenant on Civil and Political Rights, 1966, Articles 7 and 10

International tribunals — United Nations Human Rights Committee — Procedure — Admissibility of communication — Failure of State to challenge admissibility — Time allowed to State to provide information on steps taken to give effect to views of Committee

Human rights — Minorities — International Covenant on Civil and Political Rights, 1966, Article 27 — Sami reindeer herdsmn in Finland — Whether rights violated by legislation on logging and by road-building programmes — Consultation of Sami herdsmen by Government of Finland — Limited impact of Government plans for logging and road-building on culture of the Sami

International tribunals — United Nations Human Rights Committee — Competence — Procedure — Request for indication of interim measures

Human rights — Right to respect for family and private life — Right of entry to ‘own country’ — Alien long-term resident in State threatened with deportation on account of criminal convictions — Family resident in State — Whether State could be regarded as alien’s ‘own country’ for purposes of Covenant — Whether violation of rights under International Covenant on Civil and Political Rights, 1966, Articles 7, 9, 12, 13, 17 and 23

International tribunals — United Nations Human Rights Committee — Procedure — Interim measures — Request for stay of deportation

Human rights — Right to a fair trial — International Covenant on Civil and Political Rights, 1966, Article 14 — Capital case — Appeal — Conduct of defence counsel on appeal — Duty of Court to take exceptional care in capital case — Commutation of death sentence — Sufficient remedy for violation of Article 6 but not for violation of Article 14

Human rights — Freedom of expression — Restrictions on freedom of expression — Conditions — Requirement that any restriction be provided by law, address a legitimate aim and be necessary for the achievement of that aim — French legislation prohibiting the denial of certain offences connected with the Holocaust — Whether a violation of International Covenant on Civil and Political Rights, 1966, Article 19

International tribunals — United Nations Human Rights Committee — Competence — Domestic remedies rule — Committee not empowered to question in the abstract the compatibility of national law with the Covenant — Committee confined to investigating the communications submitted to it

Economics, trade and finance — Trade in services — Broadcasting — Australia-New Zealand Closer Economic Relations Trade Agreement in force 1 January 1983 — Trade in Services Protocol in force 1 January 1989 — Articles 4 and 5(1) of Protocol — Equal access and treatment for New Zealand film and television industry in Australian market — Australia’s treaty obligations

Relationship of international law and municipal law — Treaties — Effect in municipal law — Broadcasting Services Act 1992 (Cth) — Section 122 of Act empowering Australian Broadcasting Authority to determine Australian Content Standard — Section 160(d) of Act requiring Australian Broadcasting Authority to perform its obligations in manner consistent with Australia’s treaty obligations — Clause 9 of Standard favouring Australian television programmes — Whether Clause 9 of Standard conflicting with Articles 4 and 5 of Protocol — Interpretation and compatibility of Sections 122 and 160 of Act — Whether Clause 9 of Standard made in breach of Act — Validity of Standard — The law of Australia

State immunity — Jurisdictional immunity — Expropriation — Foreign company — Claim against foreign State for damages — Policy of “Zairianization” operated by State of Zaire — Claim in Belgian courts to recover compensation payable under the law of Zaire — Whether State of Zaire entitled to invoke immunity from jurisdiction — Whether “Zairianization” of foreign-owned companies constituting an act of sovereignty — Whether recourse to procedure established by Zairian Government for recovery of compensation constituting an ordinary commercial act — The law of Belgium

State immunity — Jurisdictional immunity — Employee of cultural and information centre of foreign State — Contract of employment — Dismissal — Claim for damages in lieu of notice — Whether foreign State entitled to jurisdictional immunity — Whether contract of employment concluded jure imperii or jure gestionis — Proper method of service of writ on a foreign State — The law of Belgium

State immunity — Jurisdictional immunity — Chauffeur employed by embassy of foreign State — Contract of employment — Dismissal — Claim for damages for unjustifiable dismissal — Whether foreign State entitled to jurisdictional immunity — Whether fact that employee is a foreign national is material — Relevance of European Convention on State Immunity, 1972, Article 5(1) — Whether applicable as codification of customary international law even though defendant State not a party — The law of Belgium

International organizations — Immunity — Attachment and execution — Arbitration — Award in favour of former employee of international organization — Enforceability of award — Rejection by arbitral body of plea of jurisdictional immunity by international organization — Whether automatically implying no immunity from execution of award — Bank account of international organization — Whether immune from execution — Whether any presumption that funds in such an account are allocated for the mission of the organization — Waiver of immunity — Conditions — Headquarters Agreement between Belgium and the Centre for Industrial Development, 1978, Articles 1, 3 and 5 — Whether court order of exequatur for award necessarily excluding immunity from execution — The law of Belgium

State immunity — Jurisdictional immunity — Language teacher employed in consular section of embassy of foreign State — National of employing State — Contract of employment — Dismissal — Claim for damages for breach of contract — Whether foreign State entitled to jurisdictional immunity — Whether fact that employee a national of the employing State is relevant — Relevance of European Convention on State Immunity, 1972, Article 5(2) — Whether applicable as codification of customary international law even though defendant State not a party — The law of Belgium

State immunity — State entity — Whether endowed with independent legal personality — Whether entitled to invoke jurisdictional immunity — American Battle Monuments Commission — Locally recruited employee — Dispute concerning contract of employment — Whether Commission entitled to invoke jurisdictional immunity from proceedings before municipal courts — United States of America-Belgium Agreement of 27 November 1958 concerning American Military Cemeteries — Provision for immunity from civil jurisdiction — Whether Agreement may be relied upon against individuals in the absence of its publication

Treaties — Effect on third parties — Requirement of publication — Treaty affecting rights and obligations of third parties — Whether treaty can be invoked against third parties in the absence of publication — The law of Belgium

States — Conduct of foreign relations — Diplomatic relations — Decision by receiving State that foreign diplomat is persona non grata — Notification of such decision to sending State pursuant to Vienna Convention on Diplomatic Relations, 1961, Article 9(1) — Whether justiciable in courts of receiving State — Whether constituting an acte de gouvernement

Diplomatic relations — Diplomatic agent — Notification by receiving State that diplomat is persona non grata — Vienna Convention on Diplomatic Relations, 1961, Article 9(1) — Whether such notification justiciable in municipal courts — Scope of obligation of sending State to recall diplomat in such circumstances — The law of Belgium

Human rights — Property rights — Recognition of indigenous land rights — Legal rights of the Gitksan and Wet’suwet’en aboriginal peoples over territory in British Columbia — Whether aboriginal peoples possessing aboriginal title — Whether aboriginal peoples having right to self-government — Relationship between aboriginal rights and aboriginal title — Aboriginal rights encompassing aboriginal title — Nature and content of aboriginal title — Sui generis character of aboriginal title — Proof of aboriginal title — Relevance of oral history evidence of use and occupation of territory — Relevance of aboriginal perspectives — Common law aboriginal title — Effect of Section 35(1) of Constitution Act 1982 recognizing and affirming existing aboriginal rights — Nature and scope of constitutional protection afforded by Section 35(1) of Constitution Act 1982 — Whether any limitation to aboriginal rights — Whether aboriginal rights absolute — Whether infringement of aboriginal rights by government permissible — Test of justification

Territory — Title — Occupation of Canada by aboriginal peoples before assertion of British sovereignty — Source of aboriginal title — Relevance of Royal Proclamation of 1763 — Requirements for proof of aboriginal title — Relevance of physical fact of occupation — Common law principle that occupation proving possession of land in law — Whether claimants occupying land prior to British sovereignty — Whether continuity between present and pre-sovereignty occupation — Whether occupation was exclusive — Whether aboriginal title surviving colonization — Fiduciary obligation of Crown to aboriginal peoples — Reconciling aboriginal interests with sovereignty of the Crown — Section 91(24) of Constitution Act 1867 — Whether Federal Government having exclusive jurisdiction over aboriginal rights — British Columbia joining Confederation in 1871 — Whether British Columbia having power to extinguish aboriginal rights after 1871 — The law of Canada

Human rights — Self-determination — Scope and extent — Right to self-determination in the context of an existing State — Whether part of the population of an existing State capable of constituting a “people” for the purpose of the right of self-determination — Internal and external self-determination — Whether international law recognizes a right of unilateral secession for part of the population of an existing State — Quebec — Whether population of Quebec or part thereof a “people” — Whether population of Quebec enjoying internal self-determination — Declaration of Principles of Friendly Relations between States 1970

Recognition — Of States — Of right of people to self-determination — Recognition as condonation of unlawful act — Whether likelihood of recognition of breakaway State means that there is a right to create such a State

Relationship of international law and municipal law — In general — Whether Supreme Court of Canada entitled to answer question regarding application of international law — International law as part of the law of Canada — Right of self-determination under Canadian law and international law

States — Creation and dissolution — Self-determination of groups within State — Whether conferring a right of unilateral secession — Relationship between right of self-determination and respect for territorial integrity of State — The law of Canada