Treaties — Interpretation — Montreal Convention for the Unification of Certain Rules for International Carriage by Air, 1999 — Definition of an accident — Whether an accident within meaning of Article 17.1 of Montreal Convention on basis of facts pleaded by claimant

Air — Montreal Convention for the Unification of Certain Rules for International Carriage by Air, 1999 — Definition of an accident — Whether an accident within meaning of Article 17.1 of Montreal Convention on basis of facts pleaded by claimant — The law of England

Relationship of international law and municipal law — Crime of terrorism — Terrorism Act 2000 — Dissemination of terrorist publications — Terrorist offences — Section 2 of Terrorism Act 2000 — Section 1 of Terrorism Act 2000 — Interpretation — Definition of terrorism — Scope — Whether insurgents attacking government armed forces exempted from definition — International crime of terrorism — Whether international crime of terrorism in times of peace and armed conflict — Definition of terrorism in international law — Whether international law rule restricting scope of terrorism — International conventions and national legislation — Whether attacks by insurgents on soldiers of Coalition forces in Iraq and Afghanistan terrorism excluded from definition of terrorism in Terrorism Act 2000 — Whether rule of international law requiring reading down of Section 1 of Terrorism Act 2000

Terrorism — Scope — Definition of terrorism — Section 1 of Terrorism Act 2000 — Interpretation — Definition of terrorism in international law — Whether rule of international law excluding attack by insurgents on government military forces from definition of terrorism — Definition of terrorism in Section 1 of Terrorism Act 2000 having wide scope — Whether reading down of Section 1 of Act necessary or desirable

War and armed conflict — Non-international armed conflict — Conflicts in Afghanistan and Iraq in 2008 and 2009 — Whether attacks by insurgents on soldiers of Coalition forces in Iraq and Afghanistan terrorism within meaning of Terrorism Act 2000 — The law of the United Kingdom

State immunity — Jurisdictional immunity — Scope — Application to individual officials — Human rights — Universal jurisdiction — Scope of immunity under Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 — Double jeopardy

International organizations — United Nations — Privileges and immunities — Immunity of experts on missions for the United Nations — Waiver of immunity — Convention on the Privileges and Immunities of the United Nations, 1946, Sections 22 and 23 — United Nations and International Court of Justice (Immunities and Privileges) Order 1974 — Whether waiver can be retroactive — Whether waiver needing to be express — The law of England

War and armed conflict — International humanitarian law — Human rights law — Domestic legal obligations of State when providing training and assistance to foreign armed forces — Whether serious risk that training and assistance might directly or significantly contribute to violation of human rights/international humanitarian law — Duty to carry out appropriate assessment — Whether assessment irrational — Whether justiciable in English courts

Human rights — Non-justiciability — Acts of executive — Foreign relations — Courts’ power of review — Whether reputational damage may be caused to State when providing training and assistance to foreign armed forces — Duty to carry out lawful assessment — Whether subject to judicial review — The law of England

State immunity — Jurisdictional immunity — Immunity from execution — State Immunity Act 1978 — Exercise of sovereign authority — Immunity of a separate entity under Section 14(2) of Act — Extent of protection provided under Section 13(2)(a) — Consent to submit to arbitration — Waiver of immunity — Relationship between Section 14(2) and Section 13(2)(a) of Act

Arbitration — Arbitration Act 1996 — London Court of International Arbitration Rules — Ruling on interim measures — Enforcement of a peremptory order — Jurisdiction to make an order under Section 42 of Arbitration Act — Proper and expeditious conduct of the arbitration — Cause for non-compliance with an order — Restoration of the status quo ante — Justiciable within an English court — Discretion of court to make an order

Economics, trade and finance — Heads of agreement — Oil exploitation in Kurdistan region of Iraq — Disputes concerning payment — The law of England

Relationship of international law and municipal law — Treaties — United Nations Charter, 1945 — Chapter VII — Security Council — Sanctions Committee established by Security Council Resolution (“SCR”) 1267 (1999) having consolidated list — Persons named on list subject to freezing of funds, assets and economic resources — Al-Qaida and Taliban (Asset-Freezing) Regulations 2010 — Prerogative powers — Judicial review — Standard of review — Whether domestic court can subject Sanctions Committee decisions to merits review

International organizations — United Nations — Security Council — Security Council having primary responsibility for maintenance of international peace and security — Security Council Resolutions — SCR 1267 (1999) establishing Sanctions Committee — Measures against individual suspected terrorists — Consolidated list regime — Standard of proof required to list an individual suspected terrorist — Reasonable suspicion test — Balance of probabilities

Human rights — Prohibition of torture — Jus cogens — Sanctions Committee — Consolidated List — Torture-tainted evidence — Whether States obliged to inquire into reliance on torture-tainted evidence by other States

Terrorism — United Nations — Creation of permanent international system for combating terrorism — Security Council Resolutions — Suppression and prevention of financing and preparation of acts of terrorism — Implementation in European Union by EC regulations — Restrictive measures against individual suspected terrorists — Encroachments upon personal liberty — Prerogative powers — Principle of legality — The law of the United Kingdom

State immunity — Jurisdictional immunity — Expropriation — Whether property taken in violation of international law — Whether non-frivolous but incorrect argument sufficient to confer jurisdiction — Foreign Sovereign Immunities Act 1976 — Expropriation exception to immunity — Whether applicable

Expropriation — Whether property taken in violation of international law — Foreign Sovereign Immunities Act 1976 — Expropriation exception to immunity — Whether applicable — Whether non-frivolous but incorrect argument sufficient to confer jurisdiction — The law of the United States

Relationship of international law and municipal law — Liability for violations of international law under Alien Tort Statute 1991 — Whether to impose liability under Alien Tort Statute for violations of new norms of international law — Whether corporate liability established as a norm of international law — Judicial discretion in matters concerning foreign relations — Separation of powers — Whether appropriate for judicial branch to allow Alien Tort Statute liability to extend to foreign corporations

Jurisdiction — Subject-matter jurisdiction — Whether suit could be maintained under Alien Tort Statute 1991 — Whether corporations could be sued for violations of international norms under Alien Tort Statute — Corporate liability for violations of international human rights law — Judicial discretion in matters concerning foreign relations — Separation of powers

Diplomatic relations — Comity — Judicial discretion in matters concerning foreign relations — Separation of powers — Imposition of corporate liability under Alien Tort Statute 1991 — Complex policy decision — Whether appropriate for judicial branch to make decision

Terrorism — Terrorist acts committed abroad — Whether corporation facilitating those acts in violation of international law — International Convention for the Suppression of the Financing of Terrorism, 1999 — Whether corporations could be sued for violations of international norms under Alien Tort Statute — The law of the United States

Comity — Trade — Antitrust — Price fixing — Vitamin C exports — United States antitrust law — Whether price fixing required by foreign government law — Determination of content of foreign law — Whether foreign government submissions on foreign law binding — Reciprocity — Treaties reflecting international practice

Economics, trade and finance — United States antitrust law — Price fixing — Vitamin C exports — Whether price fixing required by foreign government law — Determination of content of foreign law — Whether foreign government submissions on foreign law binding — Appropriate weight to be given to foreign government’s expressed view of own law

Relationship of international law and municipal law — Treaties — Treaties with formal mechanisms for one government to obtain from another official statement characterizing its laws — European Convention on Information on Foreign Law, 1968 — Inter-American Convention on Proof of and Information on Foreign Law, 1979 — United States not party to treaties — International practice — Whether consistent with understanding that government’s expressed view of own law entitled to substantial but not conclusive weight — The law of the United States