Human rights — Right to self-determination — Right to dispose of natural wealth and resources — Lands claimed by Indian band expropriated for commercial exploitation — Band claiming violation of right to self-determination — Whether claim admissible — Right to enjoy own culture — Historical inequities and recent developments threatening way of life and culture of Indian band — Whether violation of rights of individual members of band — International Covenant on Civil and Political Rights, 1966, Articles 1 and 27

International tribunals — United Nations Human Rights Committee — Competence — Standing — Chief claiming denial of right of self-determination on behalf of Indian band — Whether claim by “peoples” admissible — Whether facts establishing violation of individual rights — Right of individuals to bring claim as group — Optional Protocol to the International Covenant on Civil and Political Rights, 1966

Human rights — Self-determination — Status of right to self-determination under modern international law — Right erga omnes — Implications for other States — Non-self-governing territories — East Timor — Military intervention by Indonesia in 1975 — Subsequent annexation — Recognition by Australia — Whether violating right of self-determination — Status of Portugal as administering Power of East Timor — Whether surviving twenty years after end of Portuguese control of territory

International Court of Justice — Admissibility of application — Dispute — Definition — Whether “real dispute” between Claimant State and third party — Application affecting third States — Monetary Gold principle — Scope of principle — Court may not rule upon application if rights and interests of third State form subject-matter of dispute — Application by Portugal against Australia regarding Australian dealings with Indonesia concerning East Timor — Court lacking jurisdiction over Indonesia — Whether Court would be required to rule upon rights and interests of Indonesia

International Court of Justice — Procedure — Objections to jurisdiction and admissibility — Objections inextricably linked to merits — Agreement to consider preliminary objections in framework of the merits

International organizations — United Nations — Security Council — Resolutions — Resolutions on East Timor upholding right of self-determination — Legal effect — General Assembly — Resolutions — Resolutions on self-determination in East Timor — Legal effect — Characterization of East Timor as a non-self-governing territory

Sea — Continental shelf — Agreement between opposite States — Australia and Indonesia — Timor Gap — Whether Australia entitled to conclude treaty with Indonesia on continental shelf between East Timor and Australia

Territory — Self-determination — Nature and scope of right of self-determination — Application to East Timor — Administering Power — Portugal — Whether still recognized as administering Power — Whether entitled to bring claim on behalf of East Timor

Expropriation — Conditions for legality — Territorial limitations — Dissolution of corporation and transfer of assets — Iraqi invasion and annexation of Kuwait — Purported dissolution by Iraq of Kuwait Airways Corporation — Transfer of assets to Iraqi Airways Company — Kuwaiti aircraft flown to Iraq before decree — Whether decree effective to transfer title — Whether to be recognized by courts of third country

Governments — De facto governments — Occupation of territory in armed conflict — Purported annexation of territory — Iraqi occupation and annexation of Kuwait — Whether Iraq to be regarded as de facto government of Kuwait during occupation — Whether acts of Iraq in Kuwait to be treated as effective by courts of other States — Significance of international condemnation of occupation and annexation

International organizations — United Nations — Security Council — Effect of Security Council resolutions — Resolutions adopted under Chapter VII of the Charter of the United Nations — Effect of resolutions before courts of Member State — Security Council resolutions regarding Iraqi invasion of Kuwait — Duty of States not to recognize annexation of Kuwait or related Iraqi actions — Duty of Iraq to rescind legislation on annexation of Kuwait

Recognition — Of governments — United Kingdom practice — 1980 declaration that United Kingdom Government would no longer recognize governments — Application by courts in the United Kingdom — Position where United Kingdom Government makes unequivocal statement that it does not recognize a regime — International law duty of non-recognition — Iraqi claims to Kuwait — Whether English courts precluded from treating Iraq as de facto government of Kuwait during occupation

Relationship of international law and municipal law — Act of State and non-justiciability — Nature of act of State doctrine — Whether separate principle of non-justiciability — Acts of foreign sovereign within own territory — Whether to be treated as valid without inquiry — Whether exceptions to this principle — Public policy — Whether informed by international law — Relevance of UN Security Council decisions — Violation by foreign State of clearly established principles of international law

States — Existence of State — Occupation of entire territory of State by invader — Annexation of occupied territory — Whether State ceasing to exist — Kuwait — Iraqi annexation in 1990 — Rescission of annexation in 1991

War and armed conflict — Belligerent occupation — Iraqi occupation of Kuwait — Illegality — Invalidity of measures taken by Iraq to annex Kuwait and take property of Kuwaiti State corporations — The law of England

Sovereignty — In Foreign Relations — Limitations on — Limited Recognition of, by International Courts.

State Territory — Rivers — Functions and Competence of International River Commissions — As to Construction of Works on River — International Commission for the Pyrenees.

Treaties — Interpretation of — Principles and Rules of — Applicability of Rules of International Law — Absence of Rigid Method of Interpretation — Comparison of Texts of Bilingual Treaties — Avoidance of Reference to Preliminary Negotiations.

Treaties — Miscellaneous — Obligation to Negotiate Terms for International Agreement.

State Territory — Parts of — Rivers — Utilization of Flow of — Adverse Affection of Rights and Interests of Neighbouring State — Interests Going Beyond Specific Legal Rights — Whether Prior Agreement Necessary for Exercising Rights under Treaty — State Whose Interests May be Affected as Sole Judge Thereof — Right to Information on Proposed Works — Necessity for Genuineness of Prior Negotiations — Obligation of Good Faith — Recognition of Legality of Enjoyment of Use of Water — Adverse Effect of Diversion for Works of Public Utility — Whether Payment of Compensation Sufficient — Sufficiency of Guaranteed Restitution of Water — Necessity for Reconciling Interests by Mutual Concessions — Respective Rights of Upstream and Downstream States with Regard to Schemes.

States as international persons — In general — Recognition of acts of foreign States and governments — Act of State doctrine — Action for violation of market sharing agreement — Alleged attempt to monopolise — Sale of military aircraft to foreign governments — The law of the United States

War — Effects of — Enemy Aliens — Persona Standi in Judicio — Enemy Alien as Defendant.

Jurisdiction — Territorial — Acts performed abroad by foreign national — Claims for damages against foreign Minister of Defence for personal injuries sustained abroad at hands of foreign military — Whether claim can be brought under United States Torture Victim Protection Act when events giving rise to claim pre-date statute — United States Alien Tort Act — Whether solely jurisdictional provision or also establishing right of action — Criteria for universal norm of international law for purposes of Alien Tort Act — Whether constructive deportation constitutes cruel, inhuman or degrading treatment for purposes of Alien Tort Act — The law of the United States

Treaties — Special kinds of — Warsaw Convention, 1929 — Meaning of French term “dol” — Adequacy of “wilful misconduct” as English translation — Failure of pilot to follow instructions from tower as wilful misconduct — Interpretation by courts of United States of America.

Treaties — Interpretation of — Consideration of preparatory work — Warsaw Convention of 1929 — Meaning of French term “dol” — Adequacy of “wilful misconduct” as English translation — Failure of pilot to follow instructions from tower as wilful misconduct — Interpretation by courts of United States of America.

International law in general — Sources — General principles of law — Estoppel or preclusion — Scope and meaning in international law — Substantive nature of principle — Distinction between estoppel and acquiescence — Circumstances in which acquiescence operates as estoppel — Requirement of reliance upon statements or conduct by other party — Burden of proof.

Territorial sovereignty — In general — Nature of — Disputes as to sovereignty — Judicial settlement of — Burden of proof.

Territorial sovereignty-In general — Nature of — Disputes as to sovereignty — Relinquishment of territory by treaty — Presumption in javorem ejus qui dat.

Treaties — In general — Form of international agreements — Agreement inferred from conduct — Whether delivery of maps to neighbouring State may be basis for inference as to boundary agreement.

Treaties — Operation of — Requirement of consistency in interpretation and observance.

State territory — Parts of — Boundaries — Land boundaries — Treaty providing for watershed line — Map of area subsequently published by one Party — Evidential value of maps — Effect of material errorLine on map not correct watershed line — Whether circumstances such as to put other Party on notice — Effect of acceptance of map by other Party — Acceptance based on mistaken belief that map correctly drawn — Operation of principle of acquiescence in relation to maps — Map acquiring treaty character — Effect of failure to object to map in subsequent negotiations — Relevance of administrative acts as evidence of acceptance or non — acceptanceof map — Relevance of official visit to area and flying of flag of host State — Relevance of intention to achieve finality in boundary treaty.

Jurisdiction — High seas — Conception of the high seas — Meaning in municipal legislation on jurisdiction of criminal courts — Inclusion of territorial waters and some internal waters — Merchant Shipping Act 1894 — The law of England

War — Effects of Outbreak of — Non-Resident Enemy Corporation as Defendant — Impossibility of Appearance — Suspension of Proceedings.

State responsibility — For debts — State corporations — Whether endowed with independent legal personality — Whether such corporations may be held liable for each other's debts — Independence of such corporations in socialist State

Economics, trade and finance — State corporations — Legal status — Whether such corporations may be held liable for each other's debts — Relevance of State monopoly over trade and commerce in socialist State — The law of France

International organization — Whether an international organization has right to delegate its powers — Whether such right to be implied — Distinction between delegation of discretion and delegation of execution — European Coal and Steel Community Treaty, 1951 — Period within which decision of High Authority can be annulled — Effect of challenge of that decision out of time — Right to challenge validity of general decision when challenging individual decision made in application of it — Duty to support decision by reasons.

Human rights — Freedom of expression — Refusal by State authorities to grant licence to receive television broadcasts by dish aerial from foreign telecommunications satellite without consent of the broadcasting State — Scope of freedom — Whether commercial parties and interests entitled to protection — Whether refusal prescribed by law — Whether refusal necessary in a democratic society — Relevance of technical and legal developments subsequent to facts of case — Consideration of international telecommunications law — European Convention on Human Rights, 1950, Article 10

Human rights — Right to life — Right to humane treatment — Right to personal liberty — right to judicial protection — Treaties — American Convention on Human Rights, 1969 — Articles 1, 2, 4, 5, 7 and 25 of the Convention — Massacre in Suriname — Victims members of Saramaca tribe — Republic of Suriname accepting responsibility for violation of human rights

Relationship of international law and municipal law — Obligation to make reparation codified in Article 63(1) of American Convention on Human Rights, 1969 — Applicability of international law to all aspects of reparation — Scope, characteristics and beneficiaries of reparation — Whether such legal obligation subject to modification or suspension by municipal law of respondent State — Relevance of family law of Republic of Suriname — Whether applicable to Saramaca tribe — Determination of victims' successors for reparation purposes — Applicability of general principles of law — Article 38(1) (c) of Statute of International Court of Justice — Relevance of Saramaca custom

Damages — For human rights violations — Obligation to make reparation — Scope of compensation — Actual damages — Moral damages — Right to compensation for damages being transmitted to victims' successors — Determination of successors — Admissibility of claims by dependants — Whether whole Saramaca tribe entitled to moral damages — American Convention on Human Rights, 1969, Article 63(1)

Treaties — Nature of a treaty — Agreement with native American tribe — Whether a treaty — Validity — Jus cogens — Agreement contrary to subsequent norm of jus cogens

State succession — In matters of administration — Officials — Merger of Indian Princely States — Effect on contracts of service — Judges — The law of India.

Jurisdiction — Immunity from — Action Galling in Question Propriety of Acts of Foreign State — Refusal to Pass Judgment on Acts Done by Foreign Government Within Its Own Territory.

Recognition of Acts of Foreign Governments — Action for Inducing Breach of Contract with Foreign Government — Litigation between Private Persons — Refusal to Adjudicate on Validity of Acts Done by Foreign Government within Its Own Territory.

Arbitration — Applicable law — Relation between concession contract, bilateral investment treaty and ICSID Convention — Dispute with provincial authorities relating to interpretation and application of contract to be submitted to administrative courts

Economics, trade and finance — Bilateral investment treaty — Argentina-France bilateral investment treaty, Article 8(2) — “Fork in the road” provision — Relevance to Tribunal’s jurisdiction over treaty claim — Relevance to merits of claim

Arbitration — Jurisdiction — Jurisdiction issue joined to merits — Failure to designate or consent to application of ICSID Convention to province under Article 25(1) and (3) does not deprive Tribunal of jurisdiction — Local forum clause in concession contract does not divest Tribunal of jurisdiction for claims against State

State responsibility — Imputability — Attribution of responsibility for actions of political subdivisions — Responsibility not limited by federal or decentralized character of State — No factual basis for attribution — State’s obligation under bilateral investment treaty to pursue in good faith and with reasonable efforts the resolution of the dispute — State’s constructive role in renegotiation process

Relationship of international law and municipal law — Impossibility of separating claims for breaches of contract from bilateral investment treaty violation without prior resort to administrative courts — Claimant required under contract to assert its rights in proceedings before administrative courts prior to invoking ICSID procedure — Claimant not precluded from asserting its rights in administrative courts — No evidence that courts lacked independence or fairness or would have denied claimant’s rights procedurally or substantively — No principle of exhaustion of remedies

Claims — Exhaustion of local remedies — Requirement incompatible with Article 8 of bilateral investment treaty and Article 26 of ICSID Convention — Resort to administrative courts required under contract for purposes of interpretation and application

Human rights — Remedies for violation — Right to life — Torture — Failure of State to provide judicial remedy — Purely administrative and disciplinary proceedings not sufficient — International Covenant on Civil and Political Rights, 1966, Articles 2, 6, 7 and 9

State immunity — Jurisdiction — Doctrine of restrictive immunity — Exception to immunity for civil claims in tort — Tort committed in forum State by agents of defendant State — European Convention on State Immunity, 1972 — Article 11 — Whether now reflecting rule of customary international law — Immunity from civil proceedings in respect of acts of armed forces — Article 31 of Convention — Whether such immunity absolute — Whether any exception for war crimes or crimes against humanity violating jus cogens and not direcdy connected with furtherance of armed conflict — Whether commission of such acts constituting tacit waiver of immunity

State immunity — Jurisdiction — Human rights — Whether State immunity compatible with right of access to courts — European Convention on Human Rights, 1950, Article 6(1) — Exception to immunity for tort claims in civil proceedings

Human rights — Access to courts — European Convention on Human Rights, Article 6(1) — State immunity — Relationship between State immunity and human rights — Nature of prohibition of crimes against humanity — Whether constituting a rule of jus cogens — Whether taking precedence over principle of State immunity

Relationship of international law and municipal law — Crimes against international law — Crimes against humanity and war crimes — Claim for compensation in civil proceedings in tort before municipal courts — Whether commission of such crimes by its armed forces precluding foreign State from relying on State immunity — Whether such exception to immunity now recognized as rule of customary international law

War and armed conflict — Enforcement of the laws of war — Compensation and reparations — Crimes against humanity and war crimes — Claim for compensation brought by relatives of victims before municipal courts — Atrocities committed by German forces during Second World War — The law of Greece