In: International law reports, Band 127, S. 163-167
ISSN: 2633-707X
163State immunity — Jurisdictional immunity — Locally recruited employee of foreign State school — Teacher — Employment dispute — Claim for national insurance benefits — Whether foreign State entitled to jurisdictional immunity — Whether failure of foreign State to affiliate employee to national insurance body constituting an ordinary act of administration not covered by immunity — The law of France
37International organizations — Staff — Administrative tribunal — OECD Council decisions postponing salary and pension adjustments — OECD official lodging administrative appeal — Scope of dispute — Admissibility of application — Whether Council decisions in breach of Article 8.1 of Annexe I to Staff Regulations — Application of Article 8.3.2 of Annexe I — Whether Council decisions amounting to misuse of powers — Whether Council obliged to give reasons — Whether breach of obligation to inform staff
1Arbitration — Admissibility of claims — Ancillary and additional claims — NAFTA Article 1102 — NAFTA Article 1120(2) — Article 48 of the Additional Facility Arbitration Rules — Omission to rely on claim in notice of arbitration — Claims pre-dating NAFTA's entry into force — Course of action continuing after NAFTA's entry into force — Interpretation and correction of award — Interpretation and supplementary decisionClaims — Nationality of claims — Standing — Nationality and permanent residence — Definition of nationals — NAFTA Article 201Claims — Procedure — Time limits — Meaning of "making a claim" — NAFTA Article 1117 — Receipt of claim by ICSID Secretary-General — Suspension of period of limitation — "Discouraging" a claim not a factor in suspension of period of limitation — Extension of time limits by estoppelEconomics, trade and finance — Investment protection — Denial of justice — Access to domestic courts — NAFTA Article 1110 — National treatment — Non-discrimination — NAFTA Article 1102 — Like circumstances — Less favourable treatment of foreign investorsExpropriation — NAFTA Article 1110 — Expropriation through taxation — Tax rebates for export of cigarettes — "Creeping" expropriation — Governmental regulatory activities — Expropriation and regulation
In: International law reports, Band 127, S. 676-690
ISSN: 2633-707X
676International criminal law — Defendant convicted of capital offences — South African Constitutional Court judgment — Relevance — Whether defendant entitled to relief — Whether Court should direct United States Government to discontinue its capital case against defendant — Whether South African Constitutional Court judgment mitigating factor — The law of the United States
In: International law reports, Band 127, S. 148-153
ISSN: 2633-707X
148State immunity — Jurisdictional immunity — Claim in tort against foreign State — Claim arising out of operation of ship for military purposes — Whether constituting sovereign activity — Whether foreign State entitled to jurisdictional immunity — The law of France
In: International law reports, Band 127, S. 168-172
ISSN: 2633-707X
168State immunity — Jurisdictional immunity — Claim in tort against foreign State — Claim arising out of accident during training with army parachute team of foreign State abroad — Whether parachute training by army personnel constituting a sovereign activity — The law of France
In: International law reports, Band 127, S. 156-162
ISSN: 2633-707X
156State immunity — Attachment and execution — Arbitration — Award in favour of private company against foreign State — Enforceability of award — Signature of arbitration clause — Undertaking not to rely on any immunity from attachment — Express waiver of immunity in relation to application of any arbitral award — Whether constituting waiver of diplomatic immunity from executionState immunity — Immunity from attachment — Embassy bank accounts — Whether funds in such an account automatically covered by immunity — Whether finding that "accounts in question indisputably allocated for functioning of mission" sufficient — The law of France