Nationality — Individuals — Change of nationality — Loss of former nationality — Defection — Whether leading to automatic forfeiture of nationality — Cuba — Acquisition of nationality — United States nationality — Cuban defector given asylum in United States of America — Marrying United States citizen — Formal grant of nationality in 1999 — Whether becoming United States citizen at earlier date — Whether stateless at some point — Proof of nationality — International Olympic Committee — Rule that person who had represented one State could not represent another until three years after change of nationality

International tribunals — Arbitration — Court of Arbitration for Sport — Evidence — Proof of nationality under national law — Whether letter from Ambassador conclusive

Human rights — Jurisdiction — State responsibility for securing rights and freedoms — Whether limited to the territory of a State — State exercising effective control of territory outside its borders as a result of military action — Whether violations of human rights in that territory imputable to the State — Whether State responsible for acts of local administration — Cyprus — Whether northern Cyprus within the jurisdiction of Turkey for purposes of Article 1, European Convention on Human Rights, 1950 — Whether Turkey responsible for acts of “Turkish Republic of Northern Cyprus”

Human rights — Remedies — Courts of “Turkish Republic of Northern Cyprus” — Whether to be treated as courts for purposes of European Convention on Human Rights — Relevance of illegality of establishment of “Turkish Republic of Northern Cyprus” — Namibia doctrine — Whether courts of northern Cyprus affording remedies — Duty to exhaust domestic remedies — Whether courts of northern Cyprus independent and impartial tribunals — European Convention on Human Rights, 1950, Articles 6, 13 and 35

Human rights — Right to life — Whether State can violate right to life by failing to provide access to medical care — Degrading treatment — Systematic discrimination — Greek Cypriots living in enclave in northern Cyprus — European Convention on Human Rights, 1950, Articles 2, 3 and 5

Human rights — Right to property — Right to respect for home and family life — Greek Cypriots displaced from northern Cyprus by 1974 fighting — Whether violations of rights to property and home — Greek Cypriots enclaved in northern Cyprus — Restrictions on succession — European Convention on Human Rights, 1950, Article 8, Protocol 1, Article 1

Human rights — Rights to freedom of expression, association and religion — Limits — Whether violated by administration in northern Cyprus — European Convention on Human Rights, 1950, Articles 9, 10 and 11

Human rights — Discrimination — Systematic discrimination — Discrimination as separate basis for violation of Convention — European Convention on Human Rights, 1950, Article 14

Human rights — Claims of violations — European Court of Human Rights — Inter-State applications — Standard and burden of proof- — Proof beyond reasonable doubt — Claims regarding compatibility in abstracto of laws with Convention — Whether admissible

International organizations — United Nations — Security Council — Effect of resolutions — Resolutions not adopted under Chapter VII of Charter — Resolutions 541 (1983) and 550 (1994) — Situation in Cyprus — Invalidity of establishment of “Turkish Republic of Northern Cyprus” — Effects — Reports by United Nations on conditions in northern Cyprus — Evidential value

International tribunals — Jurisdiction — Procedure — European Court of Human Rights — Limitation on jurisdiction — Claims added after decision on jurisdiction

Recognition — States — Effects of non-recognition — “Turkish Republic of Northern Cyprus” — Whether a State — Whether general duty of non-recognition — Whether duty of non-recognition subject to exceptions — Namibia doctrine — Validity of day-to-day acts

State responsibility — Imputability — Whether acts of separate entity imputable to the State — Degree of overall control required — “Turkish Republic of Northern Cyprus” — Whether controlled by Turkey — Whether acts imputable to Turkey

States — Existence of State — Entity not recognized by international community, with exception of one State — “Turkish Republic of Northern Cyprus”

War and armed conflict — Legality of resort to force — Occupation — Turkish intervention in Cyprus in 1974 and subsequent presence in northern Cyprus

International tribunals — International Tribunal for the Law of the Sea — Applicable law — United Nations Convention on the Law of the Sea, 1982 — St Vincent and the Grenadines (“St Vincent”) and Guinea both States Parties to Convention — St Vincent instituting arbitration proceedings in accordance with Annex VII to Convention — 1998 Agreement transferring dispute to Tribunal — Basis of jurisdiction — Tribunal’s competence to examine applicability and scope of national law

Sea — Exclusive economic zone (“EEZ”) — Coastal State jurisdiction over EEZ — M/V Saiga flying flag of St Vincent — M/V Saiga supplying oil to fishing vessels in EEZ of Guinea — Guinea arresting M/V Saiga in EEZ of Sierra Leone — Guinea detaining vessel and crew — Guinea confiscating vessel’s cargo of oil — Guinea prosecuting and convicting Master of M/V Saiga — Guinea naming St Vincent as civilly responsible in schedule of summons — Guinea applying its customs laws to a customs radius which included part of the EEZ — Guinea expanding scope of its jurisdiction in EEZ — Applicability of principles of public interest and self-protection — Whether “other rules of international law” within meaning of Article 58(3) of Convention — St Vincent claiming Guinea violating its rights under United Nations Convention on the Law of the Sea, 1982 and general international law

Claims — Admissibility — Guinea’s objections to admissibility of claims of St Vincent — Paragraph 2 of 1998 Agreement — Article 97 of Rules of Tribunal — Whether debarring Guinea from raising objections to admissibility of claims of St Vincent — Guinea contending claims of St Vincent inadmissible on various grounds — Whether M/V Saiga validly registered in St Vincent at time of its arrest — Whether M/V Saiga having Vincentian nationality at time of its arrest — Whether genuine link must exist between M/V Saiga and St Vincent at time of its arrest — Whether requirement that local remedies be exhausted — Relevance of fact that persons in respect of whom St Vincent brought claims were not its nationals — Whether St Vincent having requisite locus standi to bring claims before Tribunal — Whether Tribunal should proceed to the merits

Relationship of international law and municipal law — United Nations Convention on the Law of the Sea, 1982 — Article 91 of Convention codifying well-established rule of international law — Nationality of ships — Exclusive competence of State — St Vincent’s Merchant Shipping Act 1982 — Interpretation — Documentary evidence — Conduct — Relevance — Role of Tribunal in assessment of validity of registration — Guinea applying its laws to EEZ — Whether compatible with Convention

Treaties — Interpretation and application — United Nations Convention on the Law of the Sea, 1982 — Rights of St Vincent in EEZ of Guinea under Convention and international law — Legality of measures taken by Guinea against M/V Saiga — Articles 56(2) and 58 of Convention — Whether bunkering fishing vessels in EEZ freedom of navigation or other lawful use of sea — Whether Guinea entitled to expand its jurisdiction over EEZ — Whether Guinea’s hot pursuit lawful — Whether Guinea’s use of force in making arrest legal — Whether St Vincent having right to obtain prompt compliance with Tribunal’s judgment of 4 December 1997 — Whether St Vincent having right not to be cited before the criminal courts of Guinea

Damages — Whether Guinea liable — Article 111(8) of United Nations Convention on the Law of the Sea, 1982 — Entitlement to compensation — Payment of interest — Appropriate awarding of costs

International criminal law — Genocide — International crime of genocide under customary international law — Status of jus cogens — Universal jurisdiction — Non-derogable obligations erga omnes — Convention on the Prevention and Punishment of the Crime of Genocide, 1948 — Definition of genocide — Requirement of intent to destroy — Indigenous people of Australia — Whether sponsorship of Native Title Act amendments an act of genocide — Whether failure to seek World Heritage listing of lands of Arabunna People an act of genocide — Role of Court

Relationship of international law and municipal law — Treaties — International crimes — Genocide — Whether genocide forming part of common law of Australia — Convention on the Prevention and Punishment of the Crime of Genocide, 1948, not incorporated into Australian municipal law — Customary international law — Genocide having status of jus cogens — Universal jurisdiction — Whether crime of genocide part of Australian municipal law — Incorporation doctrine — Transformation doctrine — Common law adoption approach — Legislative adoption approach — Whether municipal legislation necessary for genocide to be cognizable in Australian court — The law of Australia

State immunity — Jurisdiction — Waiver — Development of concept of sovereign immunity at common law — State Immunity Act 1985 — United States of America commencing action in United States courts — Allegations of liability for environmental damage under United States environmental protection legislation — United States obtaining injunction in Canadian court freezing assets pending outcome of United States case — Undertaking in damages — Dissolution of injunction by Canadian court — Counterclaim seeking damages against United States and its functionaries pursuant to undertaking and common law tort claims — Whether United States immune from jurisdiction of Canadian court — Whether United States functionaries immune from jurisdiction of Canadian court — Relevance of whether functionaries’ immunity derivative or independent of sovereign’s immunity — Applicability of exceptions to general principle of sovereign immunity — Whether waiver of immunity — Whether Canadian court lacking jurisdiction simpliciter — Whether Canada forum non conveniens — The law of Canada

Relationship of international law and municipal law — Treaties — Treaty of Waitangi, 1840 — Status of Treaty of Waitangi in New Zealand municipal law — Responsibilities of New Zealand under Treaty of Waitangi — Incorporation of principles of Treaty of Waitangi in New Zealand law — Treaty of Waitangi Act 1975 — Treaty of Waitangi Amendment Act 1985 — State-Owned Enterprises Act 1986 (“SOEA”) — Transfer of Crown land to State enterprises — Section 23 empowering Government Ministers to transfer Crown land on behalf of Crown — Review of proposed exercise of statutory power — Interpretation of SOEA — Section 9 of SOEA — Applicability — Whether SOEA contrary to principles of Treaty of Waitangi — Section 27 of SOEA — Scope — Whether existing and prospective Maori land claims adequately protected — Relationship between Sections 9 and 27 of SOEA — Whether Section 9 of SOEA overriding provision — Whether Maori land claims within scope of Section 9 — Whether Section 27 of SOEA self-contained code — Whether principles of Treaty of Waitangi inhibiting transfer by Crown of Crown land

Human rights — Property rights — Indigenous peoples — Treaty of Waitangi, 1840 — Interpretation — Principles of Treaty of Waitangi — Breaches — Racial relationships in New Zealand — Maori people guaranteed possession and control of their lands and precious possessions — Special significance of land to Maoris — Crown obliged to protect Maori land interests — Maori land grievances — SOEA transferring Crown land to State enterprises — Whether SOEA contrary to principles of Treaty of Waitangi — Whether SOEA adequately protecting existing and prospective Maori land claims — Review of proposed exercise of statutory power

Treaties — Interpretation — Treaty of Waitangi, 1840 — Status — Contemporary application — Special features — Constitutional, political and social significance — Colonization of New Zealand — British Crown and indigenous Maori people treaty partners — Differences in English and Maori Treaty texts — Principles of Treaty of Waitangi — Identification — Changed circumstances — Reciprocal obligations of treaty partners — Whether requirement to act in good faith towards one another Territory — Sovereignty — Cession — Treaty of Waitangi, 1840 — Transfer of sovereignty over New Zealand from indigenous Maori people to British Crown — Colonization of New Zealand — The law of New Zealand

Air — Air transport — Regulation — Chicago Convention on International Civil Aviation, 1944 — Annex 13 — Importance — Binding effect

Relationship of international law and municipal law — Treaties — Whether applicable in municipal law — Chicago Convention on International Civil Aviation, 1944 — Annex 13 — Whether Chicago Convention part of law of New Zealand — Whether Annex 13 to Convention part of law of New Zealand — Power of District Court Judge to issue search warrants under Section 198 of Summary Proceedings Act 1957 — Whether power limited by paragraph 5.12 of Annex 13 — Whether power limited by public interest immunity — Power of Transport Accident Investigation Commission (“TAIC”) to prepare and publish report under TAIC Act 1990 — Whether power limited by paragraph 5.12 of Annex 13 — Whether TAIC acting within its statutory powers

Treaties — Binding force — Annex 13 to the Chicago Convention on International Civil Aviation, 1944 — Whether binding in international law — The law of New Zealand

Jurisdiction — Ships — Flag State — Whether jurisdiction of flag State exclusive — Coastal State — Whether possessing jurisdiction regarding safety requirements — Effects doctrine

Relationship of international law and municipal law — United Nations Convention on the Law of the Sea, 1982 (“UNCLOS”) — Principle of freedom of the high seas — Exclusive flag State jurisdiction — Exceptions — Maritime Transport Act 1994 (“MTA”) — Section 21 of MTA — Scope — Whether MTA to be construed in accordance with international law — Whether Maritime Safety Authority obliged to comply with New Zealand’s obligations under international law

Sea — Jurisdiction — Safety requirements — Coastal State — Duty of rescue — Whether conferring jurisdiction — United Nations Convention on the Law of the Sea — The law of New Zealand

State immunity — Jurisdiction — Employment — Contract of employment — Employment of civilian by visiting armed forces — State Immunity Act 1978, Sections 1, 4 and 16 — The law of England

State immunity — Jurisdiction — Waiver of immunity — Requirement that waiver be express — Distinction between choice of law and submission to jurisdiction — Employment — Contract of employment — Embassy employee — State Immunity Act 1978, Sections 1, 4 and 16 — The law of England

Relationship of international law and municipal law — European Community legislation — European Community Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora (“Habitats Directive”) — Geographical scope of Habitats Directive — Whether Habitats Directive applying to United Kingdom continental shelf and superjacent waters — United Kingdom transposing requirements of Habitats Directive into municipal law — Conservation (Natural Habitats and of Wild Fauna and Flora) Regulations 1994 (“1994 Regulations”) — Application of 1994 Regulations limited to territorial sea — Whether 1994 Regulations complete and lawful implementation of Habitats Directive — Secretary of State for Trade and Industry failing to consider Habitats Directive in licensing process with respect to area beyond territorial sea — Whether legally erroneous — Whether public interest in compliance with Habitats Directive

Environment — Environmental protection — Habitats Directive aiming to protect lophelia pertusa and cetaceans — Whether oil exploration and production in Atlantic Frontier beyond territorial sea harmful to lophelia pertusa and cetaceans — Whether relevant provisions of Habitats Directive providing Greenpeace with grounds of challenge

Sea — Continental shelf — Exclusive fishery zone — Environmental protection — Whether EC environmental legislation extending to areas outside territorial waters — The law of England