International Court of Justice — Provisional measures — Requirements for the indication of provisional measures — Prima facie jurisdiction — Jurisdiction under American Treaty on Pacific Settlement, 1948 (Pact of Bogotá) — Plausibility of rights claimed — Whether rights claimed by Costa Rica plausible — Irreparable damage — Whether rights claimed by Costa Rica at imminent risk of irreparable prejudice

International Court of Justice — Procedure — Control of proceedings — Joinder of proceedings — Counter-claims — Admissibility of counter-claims — Whether counter-claims of Nicaragua having direct connection with main claim of Costa Rica — Conditions for establishing whether a counter-claim connected in fact and in law with main claim

International Court of Justice — Evidence — Weight to be given — Expert evidence — Burden and standard of proof — Compensation

Territory — Sovereignty — Disputed territory — Costa Rica’s claim that Nicaragua carried out activities in territory under sovereignty of Costa Rica — Extent of disputed territory — Treaty of Limits, 1858 — Cleveland Award, 1888 — Alexander Awards, 1897 — Whether “first channel met” was the caño dredged by Nicaragua starting in 2010 — Whether disputed territory falling under sovereignty of Nicaragua

Environment — Procedural obligations — Substantive obligations — Nicaragua’s alleged breaches of international environmental law — Whether Nicaragua having to provide Costa Rica with environmental impact assessment relating to activities in disputed territory — Whether Nicaragua breaching its obligations to notify and consult with Costa Rica — Whether Nicaragua breaching its obligation not to cause transboundary harm — Costa Rica’s alleged breaches of international environmental law — Whether Costa Rica breaching its obligation to provide Nicaragua with environmental impact assessment relating to construction of Road 1856 along San Juan River — Whether Costa Rica breaching its obligations to notify and consult with Nicaragua — Whether Costa Rica breaching its obligations under Convention on Biological Diversity, 1992 — Whether Costa Rica breaching its obligation not to cause transboundary harm — Whether Costa Rica breaching Nicaragua’s territorial integrity

Rivers — Right of navigation — Whether Nicaragua breaching Costa Rica’s right of navigation on San Juan River under Treaty of Limits, 1858 — Pollution

State responsibility — Breach of provisional measures — Whether evidence showing that Nicaragua breached provisional measures — Assessing compliance with provisional measures at merits stage — Costs — Whether Costa Rica to be awarded costs as a result of Nicaragua’s breach of provisional measures — Breach of territorial integrity — Presence of Nicaragua’s military camp in disputed territory — Declaration that territorial integrity had been breached — Reparation — Compensation to be determined by Parties through negotiation within a year — Whether Court to be requested to determine amount of compensation by either Party after one year had elapsed

Damages — Environmental damage — Consequences of responsibility for environmental damage — Request by Costa Rica to determine amount of compensation — Obligation to make full reparation — Hierarchy of means of reparation — Punitive or exemplary damages — Three-step approach to awarding compensation — Establishment of unlawful act — Causal link between unlawful act and injury suffered — Quantification — Compensation for environmental damage — Compensation for expenses incurred by Costa Rica — Methodology to quantify amount due — Parties disagreeing on appropriate methodology — Expenses by Costa Rica as a result of unlawful activities in disputed territory — Expenses by Costa Rica as a result of Nicaragua’s breach of provisional measures — Expenses by Costa Rica for construction and monitoring of a dyke — Costa Rica’s claim for pre-judgment and post-judgment interest — Whether pre-judgment interest necessary to ensure full reparation — Date by which compensation to be paid by Nicaragua

Economics, trade and finance — Free trade agreements — International investment — “New generation” free trade agreements — Comprehensive Economic and Trade Agreement, 2016 (“CETA”) — Whether CETA’s investor–State dispute settlement provisions compatible with EU primary law — Principle of autonomy of EU legal order — Principle of equal treatment — Requirement of effectiveness of EU law — Right of access to an independent and impartial tribunal — Article 47 of Charter of Fundamental Rights of the European Union, 2000

Treaties — Interpretation — Application — Free trade agreements — International investment — “New generation” free trade agreements — CETA — European Union and non-member States Parties to international agreement — Agreements integral part of EU law and subject of references for preliminary ruling to Court of Justice of the EU — Compatibility of agreements with EU Treaties, constitutional principles and EU Charter — Court of Justice of the EU having jurisdiction to interpret and apply agreements — Whether jurisdiction of Court of Justice of the EU taking precedence over jurisdiction of court of non-member State — Reciprocal nature of international agreements — Maintenance of powers of European Union in international relations — Whether jurisdiction of Court of Justice of the EU taking precedence over jurisdiction of international courts and tribunals established by agreements — Whether EU law precluding agreement from providing for creation of tribunals — Whether EU law precluding agreement from conferring jurisdiction on those tribunals to interpret and apply provisions of agreement having regard to rules and principles of international law applicable between Parties — Whether conditions applicable

Jurisdiction — Court of Justice of EU — EU and non-member States Parties to international agreement — CETA — Court of non-member State — Agreement providing for creation of tribunals — Agreement conferring jurisdiction on those tribunals to interpret and apply provisions of agreement having regard to rules and principles of international law applicable between Parties — Whether precluded by EU law — Whether jurisdiction of Court of Justice of EU having precedence — Whether CETA conferring jurisdiction on CETA Tribunal to interpret or apply EU law — Whether CETA adversely affecting autonomy of EU legal order

Damages — CETA Tribunal — CETA Appellate Tribunal — Whether CETA tribunals having jurisdiction to award damages to Canadian investors for loss suffered through EU acts of general application setting the level of protection of a public interest adversely affecting autonomy of EU legal order — Whether damages granted for a fine for breach of EU competition law found to constitute an infringement of CETA undermining the principle of effectiveness of EU law

International tribunals — CETA Tribunal — CETA Appellate Tribunal — Whether Article 47 of Charter of Fundamental Rights of the European Union, 2000 applicable to dispute resolution fora created by EU’s international agreements — Whether CETA tribunals satisfying requirements of accessibility, independence and impartiality — Whether small and medium-sized enterprises’ right of access to CETA tribunals impaired by the “loser pays” principle — Whether powers of CETA Joint Committee to appoint and remove Members of CETA tribunals, to determine their remuneration and to issue binding interpretations of CETA respecting requirement of independence — Whether CETA sufficiently guaranteeing impartiality of Members of CETA tribunals vis-à-vis disputing parties and government of their State of origin

Jurisdiction — CETA Tribunal — CETA Appellate Tribunal — Whether CETA tribunals having jurisdiction to assess compatibility of EU acts of general application setting the level of protection of a public interest adversely affecting autonomy of EU legal order

Relationship of international law and municipal law — EU law as domestic law — Application or interpretation of domestic law as a matter of fact — Whether power of CETA tribunals to take EU law into account as a matter of fact compatible with principle of autonomy of EU legal order

Treaties — Free trade agreements — International investment — “New generation” free trade agreements — CETA — Equal treatment of Canadian and EU investors — Whether granting access to CETA’s investor–State dispute settlement provisions for investments made in EU only to Canadian investors constituting discrimination — Whether Canadian and EU investors investing in EU in comparable situations — The law of the European Union