Diplomatic relations — Privileges and immunities — Head of mission — Immunity of former head of mission — Vienna Convention on Diplomatic Relations, 1961, Article 39(2) — United Kingdom Diplomatic Privileges Act 1964

Extradition — Double criminality — Jurisdictional requirements — Whether conduct must be crime in the requested State at the date offence occurs or only at the date of request for extradition — Extraterritorial offences — United Kingdom Extradition Act 1989 — European Convention on Extradition, 1957 — Extradition on charges of torture and hostage-taking — Extradition of former Head of State — Immunity

Human rights — Enforcement — Criminal proceedings — Torture — Hostage-taking — Allegations against former Head of State — Whether former Head of State entitled to immunity before courts of other States — Extradition

International criminal law — International crimes — Torture — Convention against Torture, 1984 — Hostage-taking — International Convention against the Taking of Hostages, 1979 — Extradition proceedings — Former Head of State — Whether entitled to immunity before courts of other States

Jurisdiction — Passive personality principle — Jurisdiction on basis of nationality of victim not part of United Kingdom law — Extradition — Dual criminality rule

State immunity — Head of State immunity — Criminal proceedings — Immunity of former Head of State — United Kingdom State Immunity Act 1978, Section 20 — Vienna Convention on Diplomatic Relations, 1961 — Head of State entitled to same immunities as head of diplomatic mission — Immunity of former Head of State in respect of acts performed while Head of State — Immunity confined to acts performed in the exercise of the functions of Head of State — Whether immunity extending to criminal proceedings in respect of torture, hostage-taking and conspiracy to murder — The law of England

Diplomatic relations — Privileges and immunities — Head of mission — Immunity of former head of mission — Vienna Convention on Diplomatic Relations, 1961, Article 39(2) — United Kingdom Diplomatic Privileges Act 1964

Extradition — Double criminality — Jurisdictional requirements — Whether conduct must be crime in the requested State at the date offence occurs or only at the date of request for extradition — Extraterritorial offences — United Kingdom Extradition Act 1989 — European Convention on Extradition, 1957 — Extradition on charges of torture and hostage-taking — Extradition of former Head of State — Immunity

Human rights — Enforcement — Criminal proceedings — Torture — Hostage-taking — Allegations against former Head of State — Whether former Head of State entitled to immunity before courts of other States — Extradition

International criminal law — International crimes — Torture — Convention against Torture, 1984 — Hostage-taking — International Convention against the Taking of Hostages, 1979 — Extradition proceedings — Former Head of State — Whether entitled to immunity before courts of other States

Jurisdiction — Passive personality principle — Jurisdiction on basis of nationality of victim not part of United Kingdom law — Extradition — Dual criminality rule

State immunity — Head of State immunity — Criminal proceedings — Immunity of former Head of State — United Kingdom State Immunity Act 1978, Section 20 — Vienna Convention on Diplomatic Relations, 1961 — Head of State entitled to same immunities as head of diplomatic mission — Immunity of former Head of State in respect of acts performed while Head of State — Immunity confined to acts performed in the exercise of the functions of Head of State — Whether immunity extending to criminal proceedings in respect of torture, hostage-taking and conspiracy to murder — The law of England

Human rights — Fair trial — Right to hearing before independent and impartial tribunal — Principle that no man should be judge in his own cause — Scope and application — Judge an unpaid director and chairman of charity linked to Amnesty International — Amnesty International campaigning against torture and in favour of trial of persons responsible for torture irrespective of status — General Pinochet — Hearing before House of Lords regarding request for extradition of General Pinochet on charges of torture — Amnesty International given permission to intervene — Whether judge automatically disqualified — Decision of House of Lords set aside and new hearing ordered — The law of England

Diplomatic relations — Privileges and immunities — Head of mission — Immunity of former head of mission — Vienna Convention on Diplomatic Relations, 1961, Article 39(2) — United Kingdom Diplomatic Privileges Act 1964

Extradition — Double criminality — Jurisdictional requirements — Whether conduct must be crime in the requested State at the date offence occurs or only at the date of request for extradition — Extraterritorial offences — United Kingdom

Extradition Act 1989 — European Convention on Extradition, 1957 — Extradition on charges of torture and hostage-taking — Extradition of former Head of State — Immunity

Human rights — Enforcement — Criminal proceedings — Torture — Hostage-taking — Allegations against former Head of State — Whether former Head of State entitled to immunity before courts of other States — Extradition

International criminal law — International crimes — Torture — Convention against Torture, 1984 — Hostage-taking — International Convention against the Taking of Hostages, 1979 — Extradition proceedings — Former Head of State — Whether entitled to immunity before courts of other States

Jurisdiction — Passive personality principle — Jurisdiction on basis of nationality of victim not part of United Kingdom law — Extradition — Dual criminality rule

State immunity — Head of State immunity — Criminal proceedings — Immunity of former Head of State — United Kingdom State Immunity Act 1978, Section 20 — Vienna Convention on Diplomatic Relations, 1961 — Head of State entitled to same immunities as head of diplomatic mission — Immunity of former Head of State in respect of acts performed while Head of State — Immunity confined to acts performed in the exercise of the functions of Head of State — Whether immunity extending to criminal proceedings in respect of torture, hostage-taking and conspiracy to murder — The law of England

Extradition — Extraditable offence — Conditions for extradition — Double criminality — Role of court in considering questions of foreign law — Material before the court — European Convention on Extradition, 1957 — Extradition Act 1989 — The law of England

Extradition — Extraditable offence — Conditions for extradition — Double criminality — Role of court in considering questions of foreign law — Material before the court — European Convention on Extradition, 1957 — Extradition Act 1989 — Role of comity

Human rights — Right to fair trial — Right to privacy — European Convention on Human Rights, 1950, Articles 6 and 8 — Extradition — The law of England

International criminal law — Jurisdiction — National courts — Universal jurisdiction — Genocide — Genocide Convention, 1948, Article 6 — Primary jurisdiction of State where crime committed or international tribunal — Whether precluding jurisdiction of courts in other States — Principle of subsidiarity — Terrorism — “State terrorism” — Whether terrorist crimes committed by foreign nationals in the performance of official functions capable of being the subject of prosecution in national courts of third State

International criminal law — Genocide — Intent — Requirement of intent to destroy specific national, ethnic, racial or religious group — Whether “national group” could include both foreigners and nationals targeted collectively in the same country by reason of common characteristics — Whether broad social definition of “national group” corresponding with intent of Genocide Convention, 1948

International criminal law — Terrorism — Intent — Whether any requirement of intent to subvert constitutional order — Whether such requirement relating only to State where offence committed or also to State where prosecution brought

International criminal law — Principle of non-retroactivity — Scope of prohibition on retroactive laws — Distinction between retroactive creation of new substantive offences and retroactive creation of procedural basis for prosecution of existing offences

Relationship of international law and municipal law — Effect of treaty in municipal law — Principle of supremacy of treaties over municipal law — Genocide Convention — Requirement that signatory States should refrain from exercising jurisdiction over genocide where accused being prosecuted in State where offences committed or by an international tribunal — The law of Spain

State immunity — Jurisdiction — Head of state — Scope of immunity of former Head of State — Whether commission of crimes against humanity or other crimes against international law precluding former Head of State from relying on State immunity

War and armed conflict — Enforcement of international humanitarian law — Geneva Conventions, 1949, and Additional Protocols, 1977 — Belgian Law of 1993 incorporating provisions of Conventions and Protocols into domestic law — Requirement of existence of international or internal armed conflict

Relationship of municipal law and international law — Crimes against international law — Punishment of crimes against humanity by municipal courts — Whether such crimes forming part of customary international law and jus cogens — Whether such crimes automatically incorporated into domestic legal order — Whether any requirement that crimes against humanity be committed during an armed conflict — Inapplicability of statutory limitation of prosecution for crimes against humanity — Whether now recognized as a rule of customary international law evidenced by international treaties

Jurisdiction — Universal — Crimes against humanity — United Nations General Assembly Resolution 3074 of 3 December 1973 on international cooperation in punishment of crimes against humanity — Whether now recognized as enshrining rule of customary international law on universal jurisdiction over such crimes — Whether such rule automatically binding in domestic legal order — The law of Belgium

International criminal law — Jurisdiction — Principle of universality — Crimes against humanity — Whether crimes of universal jurisdiction

Jurisdiction — Universal — Crimes against humanity — United Nations General Assembly Resolution 3074 of 1973 — Whether now recognized as enshrining rule of customary international law on universal jurisdiction over such crimes — Conditions for establishment of rules of customary international law

Relationship of municipal law and international law — Treaties — Crimes against international law — Convention against Torture and other Inhuman or Degrading Treatment, 1984 — Articles 4 and 5 — Provisions on jurisdiction of municipal courts — Whether automatically incorporated into municipal legal order or requiring specific implementing legislation — Conditions for direct applicability of treaty provisions — The law of Luxembourg

State immunity — Jurisdictional immunity — Distinction between sovereign and non-sovereign acts — Nature of the act — Importance of the context in which the act occurs — Provision of education for the armed forces of a State — State contracting out provision of certain educational facilities — Allegedly defamatory memorandum written in context of provision of education — Whether sovereign act — Immunity of officials for acts performed in official capacity

Human rights — Right of access to court — European Convention on Human Rights, 1950, Article 6 — Whether recognition of sovereign immunity a violation of right of access to court — The law of England

Jurisdiction — Armed forces — Operations of armed forces in foreign territory — British forces deployed to Sierra Leone to assist Sierra Leone Government — British forces assisting Sierra Leone police in transporting arrested rebel leader — Whether rebel leader in custody of the United Kingdom — Whether habeas corpus available in English court to challenge legality of arrest and detention

War and armed conflict — Peacekeeping operations — British forces deployed to Sierra Leone to assist Sierra Leone Government — Status of British presence in Sierra Leone — Jurisdiction of English courts — The law of England

Relationship of international law and municipal law — Treaties — Effect of unincorporated treaty in English law — Treaty concerning the Construction and Operation by Private Concessionaires of a channel Fixed Link, 1986, between France and the United Kingdom — Channel Tunnel Act 1987 — Powers given to minister — Minister required to act in conformity with treaty

Treaties — Interpretation — Power of domestic court to interpret treaty — Treaty concerning the Construction and Operation by Private Concessionaires of a Channel Fixed Link, 1986 — Provision for arbitration — Whether precluding English court from interpreting treaty — Requirement of joint action — Meaning — Failure by one government to object to action proposed by the other — Whether subsequent action a joint act

Jurisdiction — Channel Tunnel — Legal regime — Treaty concerning the Construction and Operation by Private Concessionaires of a Channel Fixed Link, 1986 — Concession Agreement, 1986 — United Kingdom legislation — Requirement of joint action by United Kingdom and France — The law of England

Arbitration — Compromis — Arbitration in two stages — Agreement on Principles and Arbitration Agreement — Phase One on territorial sovereignty — Phase Two required to decide on maritime delimitation — Applicable law — United Nations Convention on the Law of the Sea, 1982

Sea — Delimitation of maritime boundaries between Parties — Eritrea and Yemen — States with opposite coasts — Single international boundary line — Applicable law — United Nations Convention on the Law of the Sea, 1982 — Delimitation of exclusive economic zone — Delimitation of continental shelf — Requirement of equitable solution — Median or equidistance line — Applicability as international boundary — Normal baseline — Use of low-water line — Presence of islands — Determination of relevant coasts — Relevance of straight baseline — Relevance of fishing and fisheries in Red Sea — Relevance of petroleum agreements — Mineral resources — Nature and relevance of traditional fishing regime — Whether shared maritime zones around islands requiring delimitation — Other relevant factors — Proportionality Relevance of non-geographical circumstances — Northern and southern extremities of boundary line

Treaties — United Nations Convention on the Law of the Sea, 1982 — Eritrea not party to Convention — Eritrea accepting applicability of Convention for purposes of delimitation — Convention incorporating customary law of sea

Territory — Sovereignty — Sovereignty over islands in Red Sea between coastlines of Eritrea and Yemen settled in Phase One of Award — Tribunal to delimit maritime boundaries taking into account its opinion on questions of territorial sovereignty — Nature of sovereignty — Relevance to delimitation

War and armed conflict — Eritrea-Yemen hostilities 1995 — Agreements ending conflict — Agreement on Principles — Arbitration Agreement — Phase One of Award having settled dispute on question of territorial sovereignty peacefully — Phase Two of Award to settle question of maritime boundaries peacefully

Arbitration — Dispute — Identification of dispute — Whether dispute can arise under two separate treaties — Whether one dispute or two — United Nations Convention on the Law of the Sea, 1982 — Convention for the Conservation of Southern Bluefin Tuna, 1993 — Whether dispute capable of arising under both treaties — Jurisdiction — Provision for recourse to arbitration — UNCLOS, Article 281 — 1993 Convention, Article 16 — Whether 1993 Convention excludes recourse to UNCLOS dispute settlement provisions

International tribunals — International Tribunal for the Law of the Sea — Provisional measures — Legal effects — Provisional measures granted pending arbitration — Arbitration Tribunal subsequently holding that it lacked jurisdiction — Discharge of provisional measures by Arbitration Tribunal

Sea — Law of the sea — Conservation — Different legal regimes — UNCLOS — Convention for the Conservation of Southern Bluefin Tuna, 1993 — Effect of overlap — Provision for settlement of disputes

Treaties — Successive treaties — Priority — Lex specialis — Lex posterior — Whether specialized agreement supersedes general agreement

Arbitration — Constitution — Permanent Court of Arbitration — Optional Rules for Arbitrating Differences between Two Parties of which Only One is a State — UNCITRAL Rules — Whether available for disputes of a non-commercial, non-contractual character

Arbitration — Nature of arbitral proceedings — Jurisdiction — Requirement of a justiciable dispute — Purpose of tribunal to decide disputes, not to answer abstract questions — Whether arbitral tribunal entitled to decide issue where the very subject matter is the rights and obligations of a State not party to the proceedings

Arbitration — Procedure — Power of tribunal to determine procedure — Whether parties can override procedural decisions of tribunal by agreement

States — Existence — Recognition — Continuity — Extinction — Hawaiian Kingdom — Whether a State during the nineteenth century — Annexation by United States of America — Whether Hawaiian Kingdom extinguished thereby — Whether annexation valid — Whether arbitral tribunal entitled to determine that question in the absence of the United States of America

Arbitration — North American Free Trade Agreement, Chapter 11 — Procedure — ICSID arbitration — Additional Facility Rules — Amendment of claim — Requirement that amendment must be within the scope of the arbitration agreement and sufficiently timely — Due process — Discovery — North American Free Trade Agreement

Damages — Expropriation of property — Restitutio in integrum — Fair market value — Calculation — Loss of profits — Discounted cash flow analysis — Whether appropriate in case where project never operational — Alternative methods of calculation

Economics, trade and finance — Investment protection — Fair and equitable treatment of investment — North American Free Trade Agreement, Article 1105 — Requirement of transparency — Federal State — Federal authorities required to remove uncertainties created for foreign investment by provincial and local authorities

Expropriation — Definition — North American Free Trade Agreement, Article 1110 — Conduct tantamount to expropriation — Distinction between expropriation and regulation — Indirect expropriation — Work on project halted after long period

State responsibility — Federal States — Responsibility for acts of State and local government — International Law Commission Draft Articles on State Responsibility

Arbitration — International commercial arbitration — Definition — Powers of review for courts of seat of arbitration — Decision on matter outside scope of arbitration agreement — North American Free Trade Agreement, Chapter 11 — Limits — No power for arbitration tribunal to decide issues arising under other NAFTA provisions — Whether powers of court include review for patently unreasonable error — Effect of procedure in arbitration rules — Procedure — ICSID arbitration — Additional Facility Rules — Amendment of claim — Partial annulment of award — Effect

Economics, trade and finance — Investment protection — North American Free Trade Agreement, Chapter 11 — Scope — Arbitral provisions — Article 1105 — International minimum standard — Fair and equitable treatment of investment — Requirement of transparency — Whether arising under Article 1105

Expropriation — Definition — North American Free Trade Agreement, Article 1110 — Conduct tantamount to expropriation — Distinction between expropriation and regulation — The law of British Columbia