Arbitration — Award — Validity — Award adopted by two votes to one — President of Tribunal voting in favour of Award but appending separate declaration — Whether contradiction between operative part of Award and separate declaration — Whether annulling President's vote — Arbitrator absent from delivery of Award — Effect of absence — Reasoning of Award — Whether sufficient — Arbitration Agreement posing two questions to tribunal — Second question not answered in Award — Whether answer to second question unnecessary in light of answer to first question — Allegations of excès de pouvoir

International Court of Justice — Provisional measures of protection — Whether Court must satisfy itself it has jurisdiction on the merits before indicating provisional measures — Relationship between provisional measures requested and dispute before the Court — Court seised of dispute concerning validity of Arbitral Award regarding maritime boundaries — Arrest of vessels fishing in disputed area — Whether Court should indicate provisional measures concerning arrest of vessels — Whether sufficiently connected with dispute before the Court

International Court of Justice — Jurisdiction — Statute of the International Court of Justice, Article 36(2) — Challenge to the validity of Arbitral Award — Whether within jurisdiction of the Court

Sea — Maritime boundaries — Delimitation — Agreement between France and Portugal regarding maritime boundaries between Senegal and Guinea-Bissau — Whether valid — Arbitral Award upholding validity of Agreement

Recognition — States — Effects of recognition — Whether constitutive or declaratory — Conditions for recognition — Break up of existing State — Yugoslavia

States — Criteria for statehood — Territory and population subject to an organized political authority — Federal State — Whether requirement that federal organs represent components of federation and wield effective power — Yugoslavia — Whether Socialist Federal Republic of Yugoslavia ceased to fulfil these conditions by December 1991 — Whether in process of dissolution

State succession — Principles — Vienna Convention on State Succession in Respect of Treaties, 1978 — Vienna Convention on State Succession in Respect of State Property, Archives and Debts, 1983 — Whether reflecting customary international law — Outcome of succession to be achieved by negotiation on equitable basis — Yugoslavia — Whether Socialist Federal Republic of Yugoslavia in process of dissolution by December 1991 — Declarations of independence by certain Yugoslav Republics — Whether constituting secession — Whether any Republics or group of Republics constitute continuation of Socialist Federal Republic of Yugoslavia

Human rights — Group rights — Ethnic minorities — Self-determination — Whether ethnic minority within territory possesses right of self-determination — Nature of minority rights — Right to recognition of identity — Whether including right of members of minority to the nationality of their choice — Yugoslavia — Serbian population of Croatia and Bosnia-Hercegovina

Territory — Self-determination — Limits of right of self-determination — Whether extending to ethnic groups within territory — Whether capable of involving changes to existing frontiers at time of independence — Principle of uti possidetis — Yugoslavia

Territory — Boundaries — Internal boundaries within a federal State — Federal State in process of dissolution — Whether internal boundaries becoming international frontiers — Principle of uti possidetis — Requirement that international frontiers should not be altered except by agreement — Alteration of existing frontiers by force incapable of producing legal effects — Yugoslavia — Boundaries between Croatia and Serbia and between Bosnia-Hercegovina and Serbia

Recognition — States — Criteria — Guidelines on the Recognition of New States in Eastern Europe and the Soviet Union issued by the European Community and its Member States Guarantees of human and minority rights — Respect for frontiers — Democratic constitution — Bosnia-Hercegovina — Whether meeting criteria for recognition — Whether sufficient indication of wish of the peoples of Bosnia-Hercegovina to create independent State — Bosnia-Hercegovina comprising three peoples — Absence of a referendum or other act of all the peoples of Bosnia-Hercegovina

States — Criteria for statehood — Effects of recognition — Yugoslavia — Bosnia-Hercegovina — Whether meeting criteria for statehood

Recognition — States — Criteria — Guidelines on the Recognition of New States in Eastern Europe and the Soviet Union issued by the European Community and its Member States — Guarantees of human and minority rights — Respect for frontiers — Democratic constitution — Republic of Croatia — Whether meeting criteria for recognition — Whether Constitution of Republic of Croatia Containing sufficient guarantees of minority rights

States — Criteria for statehood — Effects of recognition — Yugoslavia — Republic of Croatia — Whether meeting criteria for statehood

Human rights — Group rights — Rights of minorities — Draft Convention on Yugoslavia produced by Conference on Yugoslavia in November 1991 — Requirements of guarantees of minority rights — Whether inclusion of guarantees in constitution a prerequisite of recognition — Croatia

Recognition — States — Criteria — Guidelines on the Recognition of New States in Eastern Europe and the Soviet Union issued by the European Community and its Member States — Guarantees of human and minority rights — Respect for frontiers — Declaration on Yugoslavia — Community requiring new States to adopt guarantees that they will have no territorial claims against Community States — Republic of Macedonia — Whether fulfilling requirements for recognition

States — Criteria for statehood — Effects of recognition — Yugoslavia — Republic of Macedonia — Whether meeting criteria for statehood

Treaties — Unilateral undertakings — Statement made by Foreign Minister to Arbitration Commission in non-contentious proceedings — Whether binding

Recognition — States — Criteria — Guidelines on the Recognition of New States in Eastern Europe and the Soviet Union issued by the European Community and its Member States — Guarantees of human and minority rights — Respect for frontiers — Declaration on Yugoslavia — Republic of Slovenia — Whether fulfilling requirements for recognition

States — Criteria for statehood — Effects of recognition — Yugoslavia — Republic of Slovenia — Whether meeting criteria for statehood

Arbitration — Nature of arbitration — Arbitration Commission of the Conference on Yugoslavia — Whether established to determine questions of law — Definition of arbitration — Competence — Compétence de la compétence — Whether Commission empowered to determine own jurisdiction — Jurisdiction to give opinions on legal matters in response to requests from the Chairman of the Conference — Participation of the Commission in the work of the Conference

Recognition — States — Effects of recognition — Whether constitutive or declaratory — Recognition as evidence of statehood — Effects in giving rise to rights and duties in international law

States — Dissolution of State — Socialist Federal Republic of Yugoslavia — Whether dissolved — Effects of collapse of federal authority — Declaration of independence by former Yugoslav Republics — New States achieving recognition — Admission of new States to membership of international organizations — Effects of dissolution of States — Relationship between the Socialist Federal Republic of Yugoslavia and the Federal Republic of Yugoslavia

State succession — Treaties — Property — Membership of international organizations — Principles of succession — Vienna Convention on State Succession in Respect of Treaties, 1978 — Vienna Convention on State Succession in Respect of State Property, Archives and Debts, 1983 — Whether declaratory of customary international law — Effects of dissolution of States — Socialist Federal Republic of Yugoslavia — Duty of successor States to settle matters relating to succession by agreement on equitable basis — Relationship between the Socialist Federal Republic of Yugoslavia and the Federal Republic of Yugoslavia

Recognition — States — Criteria for recognition — Nature of recognition — Whether constitutive or declaratory — Recognition a discretionary act — Requirement that entity to be recognized complies with rules of international law regarding non-use of force and protection of minorities — Guidelines for recognition of new States in Eastern Europe issued by the European Community and its Member States

States — Criteria for statehood — Continuity of States — Socialist Federal Republic of Yugoslavia — Whether no longer in existence — Federal Republic of Yugoslavia established by Serbia and Montenegro — Whether meeting criteria for statehood — Whether continuation of the Socialist Federal Republic of Yugoslavia — Whether requiring recognition

Recognition — States — Criteria — Guidelines on the Recognition of New States in Eastern Europe and the Soviet Union issued by the European Community and its Member States — Guarantees of human and minority rights — Constitution of Croatia — Whether meeting criteria for recognition — Whether Constitution of Republic of Croatia containing sufficient guarantees of minority rights — Draft Convention on Yugoslavia of 4 November 1991 — Acceptance by Croatia — Whether amended Constitution of Croatia reflecting all the obligations assumed under the Draft Convention

States — Criteria for statehood — Effects of recognition — Yugoslavia — Croatia — Whether meeting criteria for statehood

Human rights — Group rights — Rights of minorities — Draft Convention on Yugoslavia produced by Conference on Yugoslavia in November 1991 — Requirements of guarantees of minority rights — Requirements of general international law — Whether sufficiently reflected in Constitution of Croatia

Damages — Human rights violations — Losses liable to compensation — Non-pecuniary loss — Causation — Other remedies sought — European Convention on Human Rights, 1950, Article 50

Human rights — Right to respect for family life — Content of “parental rights” — Whether “civil right” — Child in care of local authority — Access by parents — Procedures followed and remedies available — Extent of parental involvement in decision-making process — Whether sufficient to protect their interests — Sufficiency of proceedings available to challenge decision — Inability to raise access issue as separate proceedings — Whether lack of remedy — Relevance of length of proceedings — Compensation for loss of consortium of child and for distress — European Convention on Human Rights, 1950, Articles 6(1) and 8

International tribunals — European Court of Human Rights — Procedure — Remedies available to Court — Whether Court empowered to require State to return child to parents — Whether Court empowered to declare national legislation to be contrary to the Convention

Damages — Human rights violations — Losses liable to be compensated — Non-pecuniary loss — Legal fees — European Convention on Human Rights, Article 50

Human rights — Right to respect for family life — Children taken into public care — Separating children and placing at great distance from family home — Restrictions on access by natural parents — Involvement of natural parents in decision-making process — Whether decision to take children into care constitutes interference with family life — Whether manner of implementation and restrictions on access proportionate and “necessary” — Separation not constituting “inhuman treatment” — Effect of parents’ mental health record — Inability of parents to influence religious education of children — Whether proven or relevant — European Convention on Human Rights, 1950, Articles 3, 6, 8, 13 and 14 and Protocol Number 1 to the European Convention on Human Rights, 1952, Article 2

International tribunals — European Court of Human Rights — Procedure — Questions of admissibility — Local remedies rule — Government objections founded on admissibility and local remedies raised out of time — Compensation — Awards under European Convention on Human Rights, 1950, Article 50

Damages — Human rights violations — Losses liable to compensation — Non-pecuniary losses — Travel expenses — Causation — European Convention on Human Rights, 1950, Article 50

Human rights — Right to respect for family life — Relationship between spouses and children born of union — Whether cohabitation sine qua non of family relationship — Refusal to renew residence permit of foreigner after divorce from wife of respondent State's nationality — Expulsion of foreigner although under-age child living in respondent State with mother — Whether unacceptable interference with family life of father and daughter — European Convention on Human Rights, 1950, Article 8

Damages — Human rights violations — Losses liable to compensation — Non-pecuniary loss — Expenses — Basis of award — European Convention on Human Rights, 1950, Article 50

Human rights — Right to respect for family life — Child in care — Prohibition on mother removing daughter from foster home and other restrictive measures taken after termination of public care of daughter — Availability of measures to effect reunification — Lack of enforceable visiting rights — Whether unacceptable interference with family life of mother and daughter — Lack of court remedy to challenge restrictions on access — Whether violation of obligation to provide mechanisms for determination of civil rights — European Convention on Human Rights, 1950, Articles 6(1), 8 and 13 and Protocol Number 1 to the European Convention on Human Rights, 1952, Article 2

Aliens — Deportation — Deportation for criminal offences of alien long resident in State — Limits on right of States to deport aliens — Human rights — Right to respect for family life

Damages — Human rights violations — Losses liable to compensation — Non-pecuniary losses — Expenses — European Convention on Human Rights, 1950, Article 50

Human rights — Right to respect for family life — Alien entering country with family at very early age — Close relatives and siblings all living in country — Twenty years after arrival alien deported on basis of record of criminal activity and thereby separated from family — Whether deportation interference with family life — Whether deportation “necessary in a democratic society” — Whether different treatment accorded alien than national — Discrimination on grounds of nationality — European Convention on Human Rights, 1950, Articles 8 and 14

State immunity — Jurisdictional immunity — Foreign States and State-owned corporations — Exceptions to immunity — Commercial activity exception — Acts performed within the United States in connection with commercial activity of a State elsewhere — Foreign Sovereign Immunities Act 1976 — The law of the United States