Arbitration — Compromis — Interpretation — Parties concluding two consecutive agreements — Agreement on Principles and Arbitration Agreement — Latter agreement taking priority — Parties unable to agree on definition of scope of dispute — Scope of dispute left to Tribunal to decide on the basis of the respective positions of the Parties — Critical date — Whether dispute confined to issues raised by Parties by a particular date — Compromis providing for arbitration proceedings in two stages — Effect on first stage of proceedings

Arbitration — Compromis — Territorial dispute — Tribunal required to decide on territorial sovereignty — Whether required to do more than determine relative merits of competing claims

Arbitration — Evidence — Admissibility — Territorial dispute — Whether evidence of acts occurring after a particular date inadmissible — Maps — Historical evidence — Evidence submitted in response to question from Tribunal member

Arbitration — Procedure — Ad hoc tribunal created by agreement between two States — Tribunal using services of Permanent Court of Arbitration — Submissions by Parties

Territory — Sovereignty — Historic claims — Whether international law contains doctrine of reversion of ancient title — Territory under sovereignty of Ottoman Empire — Whether title capable of reverting to State which existed prior to Ottoman period — Yemen — Evidence of prior sovereignty over Red Sea islands

Territory — Sovereignty — Historical consolidation — Prescription — Effectivités — Nature and effect — Requirements of international law — Display of authority — Exercise of State functions — Peaceful possession — Petroleum agreements — Construction and maintenance of lighthouses — Acts of possession performed by military forces during civil war — Evidence of acts of third States

Territory — Sovereignty — Islands — Contiguity — Principle that islands within territorial sea of State presumed to be part of that State — Circumstances in which presumption rebutted — Portico doctrine

Territory — Sovereignty — Treaties — Treaty creating objective legal status for territory — Treaty of Lausanne, 1923 — Peace Treaty with Italy, 1947 — Red Sea islands

Treaties — Effect — Doctrine of res inter alios acta — Interpretation — Treaties creating objective legal status for territory — Treaty of Lausanne, 1923 — Peace Treaty with Italy, 1947

War and armed conflict — Peace Treaties — Treaty of Lausanne, 1923 — Peace Treaty with Italy, 1947 — Eritrea-Yemen hostilities 1995 — Agreements ending conflict

Arbitration — Arbitrators — Appointment — Arbitration clause submitting disputes to International Centre for the Settlement of Investment Disputes (“ICSID”) contained in investment agreements — Arbitrators to be appointed by parties — State refusing to appoint arbitrator — Procedure in default of party appointment

Arbitration — Jurisdiction — Agreement to arbitrate — Requirement of written consent — Arbitration clause submitting disputes to ICSID contained in agreements — Whether sufficient written consent — Dispute regarding jurisdiction — Competence of tribunal to determine jurisdiction — Unilateral notification by State of intention to exclude type of dispute from ICSID jurisdiction — Whether notification effective in relation to prior agreement — Jurisdiction of tribunal in respect of legal disputes arising from investment — Meaning of “investment”

Arbitration — Procedure — Procedure to be followed in default of appearance by party — Jurisdictional issue — Determination as preliminary question

Arbitration — Jurisdiction — ICSID arbitration clauses in agreements between government and company — Whether superseded by later agreement — Jurisdiction ratione materiae — Doctrine of forum prorogatum — Written submissions — Whether sufficient evidence of acceptance of tribunals’ jurisdiction

Arbitration — Annulment — Grounds for annulment — Excess of jurisdiction — Requirement that excess must be manifest — Uncertainty to be resolved in favorem validitatis sententiae — Distinction between non-application of applicable law and mistaken application of applicable law — Alleged absence of deliberation and other irregularities — Alleged lack of impartiality — Whether constituting failure of tribunal to adhere to fundamental rules of procedure — Contradiction of reasons — Dubious or hypothetical reasons — Sufficiently relevant reasons — Alleged failure of tribunal to deal with questions submitted to it — Challenge to award of arbitral tribunal — ICSID — Reference to ad hoc Committee — Powers of Committee — Whether limited to annulment for manifest excess of jurisdiction — Whether error of law constituting manifest excess of jurisdiction — Consequences of annulment — Whether award to be annulled in whole or in part

Arbitration — Applicable law — ICSID arbitration — Absence of express choice of law — Law of Contracting State to apply — Inclusion of Contracting State’s rules on conflict of laws — Part of Contracting State applying common law while other part applying civil law — Geographical location of project — Applicability of civil law

Claims — For breach of contract — Effect of non-disclosure of circumstances adversely affecting profitability of project — Deductions from claim as result of failure adequately to perform contractual obligations — Exceptio non adimpleti contractus — Release of one party from obligations by virtue of non-performance by other party — Whether principle of international law

Claims — Counterclaim — For damages — Claim by State for losses attributable to participation in failed joint venture project — Capital contribution to joint venture company — Government-guaranteed loans — Non-financial damages — Alleged failure of company to perform duty of disclosure — Effect of denial of company’s claim for contract price on government’s counterclaim

Treaties — Interpretation — Annulment provisions of ICSID Convention — Interpretation of provisions relating to applicable law — Whether interpreted in accordance with general principles of treaty interpretation

Human rights — Discrimination — Prohibited grounds of discrimination — Discrimination on grounds of status — Different treatment by France of soldiers of Senegalese origin — Whether justifiable — Whether discrimination regarding pension rights within the scope of the International Covenant on Civil and Political Rights, 1966

Human rights — Freedom of expression — Freedom of movement — Right to participate in public affairs — Oneparty State — Zambia — Persecution of opposition politician contrary to International Covenant on Civil and Political Rights, 1966

Human rights — Freedom from arrest — Arbitrary arrest and detention — International Covenant on Civil and Political Rights, 1966

Human rights — Freedom of expression — Author of complaint persecuted for membership of opposition political party — Violation of International Covenant on Civil and Political Rights, 1966, Article 19

Human rights — Freedom of movement — International Covenant on Civil and Political Rights, 1966, Article 12

Human rights — Detention — Arbitrary detention — International Covenant on Civil and Political Rights, 1966, Article 19 Conditions of detention — Duty to treat detainees with dignity — International Covenant on Civil and Political Rights, 1966, Article 10

Human rights — Minorities — International Covenant on Civil and Political Rights, 1966, Article 27 — Sami reindeer herdsmen 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 — Domestic remedies rule — Adequacy of domestic remedies — Ability to invoke International Covenant on Civil and Political Rights before domestic courts — Procedure — Reconsideration of earlier admissibility decision

Extradition — Capital offences — Offence carrying death penalty in requesting State but not in requested State — Right of requested State to seek assurances that death penalty will not be imposed — Canada — United States Extradition Treaty, 1976, Article 6 — Decision by Canada to extradite fugitive without seeking assurances that death penalty would not be imposed — Whether contrary to International Covenant on Civil and Political Rights, 1966

Human rights — Right to life — Inhuman and degrading treatment or punishment — Threat of death penalty — Whether contrary to Article 6 of the International Covenant on Civil and Political Rights, 1966 — Article 6(2) — Application to State which has abolished death penalty — Article 7 — Relevance of “death row phenomenon” — Relevance of fact that author not yet tried or sentenced — Whether execution by lethal injection constituting inhuman or degrading treatment or punishment

Human rights — Scope of human rights treaty — International Covenant on Civil and Political Rights, 1966 — Extradition proceedings — Threat of death sentence in requesting State — Relevance of Article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984

States — Sovereignty — Transfer of sovereignty — Joint Declaration between People’s Republic of China and United Kingdom, 1984 — Hong Kong due to revert to Chinese sovereignty on 1 July 1997 — Hong Kong ceasing to exist as British Colony — Establishment of Hong Kong Special Administrative Region (“HKSAR”) — Article 8 of Basic Law of HKSAR providing for continued operation of laws in force before 1 July 1997

Extradition — Treaties — Agreement for the Surrender of Accused and Convicted Persons between the Government of Australia and the Government of Hong Kong, 1993 (“Surrender Agreement”) — Surrender Agreement providing for continued extradition relationship after resumption of Chinese sovereignty on 1 July 1997 — People’s Republic of China consenting to Surrender Agreement — Absence of bilateral extradition relationship between Australia and Poeple’s Republic of China — Extradition (Hong Kong) Regulations of 29 June 1997 (“1997 Regulations”) giving effect to Surrender Agreement in Australian law

Extradition — Treaties — Extradition Act 1988 (Cth) (“1988 Act”) — Proper construction of provisions — Section 12(1) requirement that application to extradite be made on behalf of an extradition country — Whether magistrate acting with authority conferred by Section 12(1) in issuing warrant for arrest of first respondent — Section 5 defining meaning of “extradition country” — Section 5(b)(ii) — Whether HKSAR a “territory” — Whether People’s Republic of China responsible for international relations of HKSAR — 1997 Regulations — Regulations 4 and 5 — Validity of operation of 1997 Regulations after 1 July 1997 — Whether sufficient identity between the “Hong Kong” identified in the 1997 Regulations and the HKSAR which came into being on 1 July 1997 — Role of courts in construing and applying legislation — Role of Executive — Relevance of statement in certificate issued by Minister for Foreign Affairs of Government of Australia

State succession — Treaties — Transfer of sovereignty over Hong Kong from United Kingdom to People’s Republic of China — Establishment of HKSAR on 1 July 1997 — Classification of HKSAR — Whether “Hong Kong” in Regulation 4 of 1997 Regulations having same relevant identity after 1 July as HKSAR — Section 5(b)(ii) of 1988 Act — Whether HKSAR constituting “territory” within the meaning of Section 5 (b)(ii) — Whether HKSAR integral part of China — Whether People’s Republic of China responsible for international relations of HKSAR — Whether HKSAR an extradition country for purposes of 1988 Act — The law of Australia

States — Sovereignty — Transfer of sovereignty — Sino-British Joint Declaration on the Question of Hong Kong, 1984 (“Joint Declaration”) — Reversion of sovereignty of Hong Kong to People’s Republic of China (“PRC”) on 1 July 1997 — Legal consequences of transfer of sovereignty — Extradition request — British Colony of Hong Kong requesting extradition of applicant from United Kingdom — Trial and sentence of applicant after transfer of sovereignty — “China point” — Effect of treaty — Basic Law of the Hong Kong Special Administrative Region of the PRC (“Basic Law”) implementing treaty obligations owed by the PRC to the United Kingdom under the Joint Declaration — Whether rule of law and legal safeguards existing in requesting State likely to survive handover — Whether successor State likely to comply with treaty obligations

Extradition — British Colony of Hong Kong requesting extradition of applicant from United Kingdom — Imminent return of Hong Kong to PRC — Section 12(1) and (2) of Extradition Act 1989 conferring discretion on Secretary of State not to sign surrender warrant — Whether unjust, oppressive or wrong to return applicant to Hong Kong — Secretary of State ordering return of applicant to Hong Kong — Whether Secretary of State applying correct test — Delicacy of diplomatic relations — Whether decision of Executive justiciable — Whether errors of law in reaching decision — Whether collective cabinet or individual decision — Whether Secretary of State directing himself properly as to his Section 12 responsibilities — Whether assumption that the PRC would honour treaty obligations correct — Whether specialty protection contained in Section 6(4) effective after 1 July 1997 — Assessing risks of unfair trial and inhumane punishment in the individual case of the applicant — Relevance of evidence of realities of situation — Role of court in assessing decision of Secretary of State — Whether Secretary of State acting with procedural fairness — Whether decision irrational

Human rights — Freedom of movement — European Union law — Whether applicant’s arrest in United Kingdom contravening Article 48 of Treaty of Rome, 1957 — Whether extradition public policy exception — Whether necessary to examine scope of public policy exception — Whether relevant provisions of Treaty of Rome applicable in extradition cases — Right to fair trial and humane punishment — Risk of interference with applicant’s fundamental human rights — Necessity for court to scrutinize Secretary of State’s decision to return applicant to Hong Kong — European Convention on Human Rights, 1950 — Whether Secretary of State’s decision to return applicant breaching various articles of Convention — Whether Secretary of State overlooking human rights issues in his assessment of applicant’s case — Whether Secretary of State’s decision irrational

Relationship of international law and municipal law — Treaties — European Union law — Articles 48, 52 and 59 of the Treaty of Rome, 1957 — Provisions having direct effect — Applicant applying for enforcement of provisions in English courts pursuant to Section 2 of European Communities Act 1972 — Applicant alleging breaches of European Convention on Human Rights, 1950 — Whether United Kingdom courts to adjudicate on alleged breach of Convention — The law of England

Governments — Recognition — Change of government following coup d’état — Criteria for determining whether organizers of coup now the government — Constitutional status — Degree, nature and stability of control over the territory of the State — Dealings between United Kingdom Government and new regime — Extent of international recognition of regime — Board of directors of company appointed by government of foreign State — Company possessing bank account with London bank — Directors appointed as signatories for bank account — New regime purporting to dismiss directors and appoint replacements — New directors giving fresh instructions to bank — Whether bank obliged to honour instructions from original board of directors or newly appointed board of directors

Recognition — Governments — United Kingdom policy on recognition — 1980 statement — Coups d’état — Letters from Foreign and Commonwealth Office indicating attitude of United Kingdom Government towards new regime — Approach to be taken by courts — The law of England

Diplomatic relations — Diplomatic immunity — Diplomatic agents — Family of diplomatic agent — Extent of immunity — Child custody dispute between diplomatic agent and spouse — Jurisdiction of courts of receiving State — Waiver — Vienna Convention on Diplomatic Relations, 1961, Articles 1, 31, 32 and 37 — Relevance of human rights agreements — European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950 — United Nations Convention on the Rights of the Child, 1989 — The law of England

Diplomatic relations — Diplomatic immunity — Diplomatic agents — Family of diplomatic agent — Extent of immunity — Child custody dispute between diplomatic agent and spouse — Jurisdiction of courts of receiving State — Immunity of diplomatic agent after termination of appointment — Immunity in respect of official acts — Limits — Vienna Convention on Diplomatic Relations, 1961, Articles 1, 31, 32 and 37 — Relevance of human rights agreements — European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950

State immunity — Jurisdictional immunity — Immunity of State officials for official acts — Extent — Diplomat returning to sending State with children — Whether an official act — Whether official immune in action in courts of receiving State — Relationship between State immunity and diplomatic immunity

Treaties — Effect in national law — Hague Convention on the Civil Aspects of International Child Abduction, 1980 — The law of England

State immunity — Jurisdictional immunity — National of sending State employed as member of technical and administrative staff of consulate of foreign State — Dismissal — Claim for damages for unlawful dismissal — Whether foreign State entitled to jurisdictional immunity — Restrictive theory of immunity — Scope of application to disputes concerning employment contracts — Employment involving performance of subordinate consular functions — Whether exercise of jurisdiction would constitute interference with performance of sovereign functions

Consular relations — Consular employee — Whether performing consular functions — Vienna Convention on Consular Relations, 1963, Article 5

Sources of international law — Customary international law — Rules on State immunity relating to employment contracts — Scope of application of rules in the absence of applicable international treaty — The law of the Federal Republic of Germany

State immunity — Jurisdictional immunity — Consular employee — Caretaker — Contract of employment — Termination — Express subjection to provisions of local law — Employee suffering from disability — Requirement under local law for public authorities to consent to dismissal — Whether applicable to consular employee of foreign State — Whether application of such rule would infringe sovereignty of foreign State

Consular relations — Immunity — Jurisdictional immunity — Dismissal of disabled consular employee — Requirement under local law for consent by public authorities to dismissal — Whether enforceable against sending State — Whether such requirement constituting interference with performance of consular functions — Vienna Convention on Consular Relations, 1963, Article 5 — The law of the Federal Republic of Germany

State immunity — Jurisdictional immunity — Consular employee — National of receiving State employed as financial assistant — Dismissal — Claim for unlawful dismissal — Whether foreign State entitled to jurisdictional immunity — Whether assistant performing sovereign functions — Whether assistant integrated into organizational structure of consulate — Whether enquiry by municipal courts into lawfulness of dismissal would infringe sovereignty of foreign State

Consular relations — Consular employee — Financial assistant — Whether performing consular functions — Vienna Convention on Consular Relations, 1963, Article 5 — Whether judicial enquiry into circumstances of dismissal would interfere with consular functions — The law of the Federal Republic of Germany

State immunity — Jurisdictional immunity — National of receiving State employed by information agency of foreign State as secretary and telephonist — Contract of employment — Claim for arrears of salary following termination of contract — Whether foreign State entitled to jurisdictional immunity — Whether employee integrated into the organizational structure of foreign State — Nature of work done by information agency — Whether inquiry by court into nature of employment tasks violating jurisdictional immunity — The law of Italy

State immunity — Jurisdictional immunity — National of receiving State employed by commercial office of foreign State as secretary and administrative officer — Dismissal — Claim for reinstatement and unpaid allowances — Whether foreign State entitled to jurisdictional immunity — Restrictive theory of immunity — Scope of application to disputes concerning employment contracts — Limitation to cases where there is actual likelihood of interference with performance of sovereign functions — Types of claims involving such interference — Distinction between claims for reinstatement or damages and claims for unpaid allowances

Sources of international law — Customary international law — European Convention on State Immunity, 1972 — Whether evidence of established customary international law — Doctrine of restrictive immunity in relation to employment contracts — Application in State which has signed but not ratified the Convention — The law of Italy

State immunity — Jurisdictional immunity — Foreign national employed as driver/interpreter by embassy of foreign State — Contract of employment — Claim against embassy for salary arrears — Whether foreign State entitled to jurisdictional immunity — Subordinate nature of employment — Claim relating to purely financial matters — Whether foreign nationality of claimant relevant — The law of Italy