Suchergebnisse

1Arbitration — Award — Validity — Award adopted by two votes to one — President of Tribunal voting in favour of Award but appending separate declaration — Whether contradiction between operative part of Award and separate declaration — Whether annulling President's vote — Arbitrator absent from delivery of Award — Effect of absence — Reasoning of Award — Whether sufficient — Arbitration Agreement posing two questions to tribunal — Second question not answered in Award — Whether answer to second question unnecessary in light of answer to first question — Allegations of excès de pouvoirInternational Court of Justice — Provisional measures of protection — Whether Court must satisfy itself it has jurisdiction on the merits before indicating provisional measures — Relationship between provisional measures requested and dispute before the Court — Court seised of dispute concerning validity of Arbitral Award regarding maritime boundaries — Arrest of vessels fishing in disputed area — Whether Court should indicate provisional measures concerning arrest of vessels — Whether sufficiently connected with dispute before the CourtInternational Court of Justice — Jurisdiction — Statute of the International Court of Justice, Article 36(2) — Challenge to the validity of Arbitral Award — Whether within jurisdiction of the CourtSea — Maritime boundaries — Delimitation — Agreement between France and Portugal regarding maritime boundaries between Senegal and Guinea-Bissau — Whether valid — Arbitral Award upholding validity of Agreement

290Human rights — Right to respect for private and family life — Right to receive information — Whether applicant entitled to unrestricted access to case records regarding applicant's time as child in care — Balance between general and individual interest — Extent of positive obligations on State — European Convention on Human Rights, 1950, Articles 8 and 10Damages — Human rights violations — Just satisfaction — Non-pecuniary loss — Emotional distress — European Convention on Human Rights, Article 50

154Human rights — Right to respect for family life — Right to marry — Whether including right to divorce and remarry — Extent of positive obligations incumbent on respondent State to protect rights — Discrimination — Freedom of conscience and religion — Whether applicable — Legal and social status of illegitimate child — Whether to be placed in same position as legitimate child — European Convention on Human Rights, 1950, Articles 8, 9, 12 and 14Treaties — Interpretation — Changed circumstances — Right to marry — Whether including right to divorce — European Convention on Human Rights, 1950, Article 12 — Travaux préparatoires — Use to reveal object and purpose of provision — Evolutive interpretation — Whether permissibleInternational tribunals — Procedure — European Court of Human Rights — Preliminary pleas — Whether applicants "victims" — Exhaustion of local remedies — European Convention on Human Rights, 1950, Article 25Damages — Human rights violations — Legal costs and expenses — Material and non-pecuniary loss — European Convention on Human Rights, 1950, Article 50

570Human rights — Freedom of expression — Limits on freedom of expression — Conviction of painter and confiscation of paintings under obscenity legislation — Whether restrictions necessary for the protection of morals — No common European concept of morals — Margin of appreciation afforded to States' authorities not exceeded — Relevance of circumstances of exhibition — European Convention on Human Rights, 1950, Article 10

717International organizations — International officials — Determination of status — Official recruited by United Nations to work with Government of Swaziland — Provision of Operational, Executive and Administrative Personnel Programme — Whether United Nations employment — Pension entitlement — United Nations Administrative Tribunal

600Human rights — Freedom of expression — Limits on freedom of expression — Conviction of author of article for defamation of character under domestic Greenland legislation — Whether a justifiable interference with freedom of expression — Whether restriction necessary for protection of the reputation, authority and impartiality of the judiciary — Whether political overtones exist to enable wider freedom — Balancing of competing interests — Relevance of special features of domestic legal system — European Convention on Human Rights, 1950, Article 10

Human rights — Right to respect for private life — Whether requiring legal recognition of transsexual's new identity — Balance between general and individual interest — Margin of appreciation — Right to marry — Whether referring to traditional marriage between persons of opposite biological sex — European Convention on Human Rights, 1950, Articles 8 and 12Treaties — Interpretation — Changed circumstances — Human rights — Right to respect for private life — Legal recognition of transsexuals — Whether need for appropriate measures to be kept under review — Right to marry — Whether referring to traditional marriage between persons of opposite biological sex — European Convention on Human Rights, 1950

Human rights — Freedom of expression — Freedom of opinion — Right to impart ideas — Freedom of the press — Journalist convicted of defamation — Whether necessary to protect reputation of others — Possible conflict between freedom of expression and right to respect for private life — Whether wider limits of criticism acceptable as regards politicians — European Convention on Human Rights, 1950, Article 10Damages — Compensation for breach of treaty obligation — Pecuniary damages — Fine and costs awarded against applicant in domestic proceedings — Legal costs and expenses of applicant before domestic courts and Convention institutions — Whether reasonable as to quantum — European Convention on Human Rights, Article 50

Human rights — 191Right to marry — Permissible restrictions — Whether temporary prohibition on remarriage justifiable — European Convention on Human Rights, 1950, Article 12Treaties — Interpretation — Changed circumstances — Right to marry — Need to interpret Convention in light of present day circumstances and requirements — Isolated position of national legislation not necessarily offending ConventionDamages — Human rights violations — Non-pecuniary loss — Whether finding that violation occurred constitutes sufficient satisfaction — Just satisfaction — Whether Court entitled to order State to alter legislation — European Convention on Human Rights, 1950, Article 50

Human rights — Right to respect for private life — Use of secret information in assessing suitability for employment in post of importance for national security — Whether job applicant entitled to release of secret information — Balance between State's national security interest and individual interest — Margin of appreciation — Freedom to express opinion — Freedom to receive information — Whether refusal to release secret information to individual who is subject of that information constituting interference — Right to effective remedy before national authority — Whether referring to investigative and decision making body independent of executive — European Convention on Human Rights, 1950, Articles 8, 10 and 13

Human Rights — Freedom of expression — Public service employment — Civil servant required to make declaration of loyalty to free, democratic constitutional system — Applicant's employment revoked after she declared support for objectives and policies of communist party — Whether involving violation of right to freedom of expression — European Convention on Human Rights, 1950, Article 10 — Scope of Convention — Whether protecting right of access to employment in the public service — Comparison with the Universal Declaration of Human Rights, 1948, and the International Covenant on Civil and Political Rights, 1966Claims — Exhaustion of local remedies — European Convention on Human Rights — Purpose of rule — Whether necessary for applicant to raise human rights violation as such in national courts — Whether sufficient that substance of human rights question raised in national proceedingsInternational tribunals — Procedure — European Court of Human Rights — Preliminary objections — Whether going to merits of case — Whether respondent State estopped from raising question before Court534Treaties — Interpretation — Travaux préparatoires — Record of negotiation of protocols to treaty — Whether available as aid to the interpretation of treaty itself — Comparison between texts of different treaties on human rights — European Convention on Human Rights