Suchergebnisse

Sea — Exclusive economic zone ("EEZ") — Arrest of vessel — Law of the Sea Convention, 1982, Articles 292 and 73 — Procedures for ensuring prompt release of vessel — When applicable — Whether arrest linked to enforcement of coastal State's rights in the EEZ — Tanker engaged in refuelling fishing vessels within EEZ — Allegations of smuggling — Whether falling within scope of Article 73 — Right of hot pursuitInternational tribunals — International Tribunal for the Law of the Sea — Proceedings under Article 292 of the Law of the Sea Convention — Whether preliminary or incidental proceedings — Whether Tribunal called upon to make definitive rulings on fact or law — Whether sufficient that Applicant State makes out a plausible case — Possibility that case may be heard at a later stage by another international tribunal — Relationship between International Tribunal for the Law of the Sea and domestic courtsTreaties — Interpretation — Principles of interpretation — Law of the Sea Convention, 1982 — Object and purpose — Reference to travaux préparatoires — Whether provision 737involving restrictions upon coastal State's sovereignty and interference in its judicial process should be restrictively interpretedRelationship of international law and municipal law — Relationship between international tribunals and domestic courts — International Tribunal for the Law of the Sea — Effect of decisions upon proceedings in national courts — Decision of the Tribunal under Article 292 of the Law of the Sea Convention

252Aliens — Deportation — Deportation for criminal offences of alien who had always lived in Respondent State — Limits on rights of States to deport aliens — Human rights — Right to respect for family lifeHuman rights — Right to respect for family life — Whether deportation an interference with right to respect for family life — Whether deportation in accordance with the law and in pursuit of a legitimate aim — Whether deportation necessary in a democratic society — Requirements of a pressing social need and proportionality to the legitimate aim pursued — Seriousness of criminal record — Serious disability of applicant — Applicant's need for support from his family — Nationality of the applicant's family — Length of residence in Respondent State and inability to communicate in Arabic — European Convention on Human Rights, 1950, Article 8

195Aliens — Extradition — Extradition proceedings — Human rights — Right to liberty and security of the person — Lawfulness of detention — Length of detention with a view to extradition — European Convention on Human Rights, 1950, Article 5Extradition — Human rights — Procedure — Delays — Delays attributable to applicant's conduct — Duty of extraditing State to respect human rights of suspect — Extradition sought pursuant to conviction in absentiaHuman rights — Liberty of person — European Convention on Human Rights, 1950, Article 5 — Detention pending extradition

Aliens — Immigration — Political asylum — Criteria for asylum — Persecution — Whether asylum-seeker required to show that he had himself been the victim of persecution — Family reunionHuman rights — Family life — Concept of family life — Bond between parent and child — Relationship between right of individual to respect for family life and right of State to regulate immigration — Separation caused by voluntary act of parent — European Convention on Human Rights, 1950, Article 8

Human rights — Jurisdiction — Torture — Convention against Torture, 1984 — Duty of non-refoulement in Article 3 — Conditions — Political activities in Zaire — Author applying for refugee status in Switzerland — Relevance of existence of consistent pattern of gross, flagrant or mass violations of human rights in Zaire — Whether author personally at risk of torture — Whether torture "foreseeable and necessary consequence" of return to Zaire — Obligation of State Party under Convention — Whether expulsion of author to Zaire would constitute a violation of Article 3 of Convention by SwitzerlandInternational tribunals — United Nations Committee against Torture — Jurisdiction — Procedure — Proof

International criminal law — Nature — Whether applicable to States as well as individuals — Whether States subject to criminal sanctions in international law — Officials of States acting in their official capacityInternational organizations — United Nations — Security Council — International Criminal Tribunal for the Former Yugoslavia — Tribunal established by Council under Chapter VII of the Charter — Implications for Member States of United Nations — Obligation of Member States to comply with orders of Tribunal — Obligation of Non-Member States to comply with orders of TribunalInternational tribunals — International Criminal Tribunal for the Former Yugoslavia — Functions and powers — Power to issue binding orders — Whether Tribunal empowered to issue order binding upon State — Statute of the Tribunal, Article 29 — Subpoena duces tecum — Meaning — Whether Tribunal empowered to issue subpoena to State — Tribunal having no power to impose sanctions upon States — Judicial findings of non-compliance reported to Security Council — 608Order to produce documents which allegedly affect national security — State officials acting in their official capacity — Whether subject to subpoena or other binding order — Whether for State to determine who should respond or otherwise take action on its behalf — Whether official liable to sanctions for acts attributable to State — Power of Tribunal to issue subpoena to individuals in their private capacity — Relationship between Tribunal and Security Council — Relationship between Tribunal and national courts and authoritiesRelationship of international law and municipal law — International Criminal Tribunal for the Former Yugoslavia — Extent of reliance upon national law and national authorities for enforcement of decisions relating to individualsState immunity — Nature — Whether applicable to proceedings before international tribunal — Whether a doctrine applicable only to proceedings in municipal courtsWar and armed conflict — War crimes, grave breaches of the Geneva Conventions and crimes against humanity — Procedure for trial — International Criminal Tribunal for the Former Yugoslavia

147 Human rights — Scope of protection — Protection of fundamental rights — Criminal proceedings — Principle of ne bis in idem — Provision of international convention providing more far-reaching protection than European Convention on Human Rights — Extent to which account should be taken of such provision in interpreting European Convention on Human RightsJurisdiction — Personal — Crimes committed by nationals abroad — Whether conviction in State of commission of offence precluding prosecution in State of nationality — Principle of ne bis in idem — Scope of applicability — European Convention on Human Rights, Protocol No. 7, Article 4(1) — Limitation to proceedings in the "same State"International tribunals — European Commission of Human Rights — Jurisdiction — Whether Commission competent to examine if manner in which Contracting States implement other subsequently concluded international conventions is compatible with the European Convention on Human RightsTreaties — Interpretation — European Convention on Human Rights — Provision of international convention providing more far-reaching protection than European Convention on Human Rights — Whether European Convention on Human Rights to be interpreted taking account of such provision — Express intention to exclude such an interpretation evinced by provision of Protocol to European Convention — Whether provision in Protocol to be regarded as additional Article of European Convention

Jurisdiction — 622Territorial — Requirement to give evidence — Privilege against self-incrimination — Whether applicable to witness facing prosecution in foreign State for giving evidence — Defence of foreign sovereign compulsion — Whether criminal law of foreign State has extraterritorial applicationStates — Associated States — Cook Islands — Whether sovereign State — Relations with New Zealand — The law of New Zealand

186Jurisdiction — Criminal — Return of fugitive to prosecuting State without deportation or extradition proceedings — Return to South Africa of fugitive in company of South African police from Ciskei — Whether South African courts have jurisdiction where fugitive voluntarily returns with police officers — Whether police under a duty to inform fugitive of extradition proceduresStates — Criteria of Statehood — Ciskei — Non-recognition — Re-integration into South Africa — The law of South Africa

Consular relations — Access to consul — Arrested person denied access to consul — Whether denial of consular access rendering answers to police questions inadmissible in evidence — Vienna Convention on Consular Relations, 1963, Article 36(1) — The law of Australia and of New South Wales

50Human rights — Fair trial — Applicability of European Convention on Human Rights fair trial provisions to proceedings arising from compensation under an international agreement between States concerning expropriation — Right to determination of civil rights before a fair and impartial tribunal — Length of proceedings — Whether tribunal independent — French court deferring to Minister on interpretation of treatyTreaties — Conclusion and operation — Treaty between France and Morocco providing lump sum compensation for French nationals — Whether conferring rights upon individuals — Interpretation — Agencies of interpretation

Relationship of international law and municipal law — Treaties — Whether conferring justiciable rights on individuals in absence of implementing legislation — Legislation recognizing "treaty rights of aboriginal peoples of Canada" — Whether including international treaties concluded between sovereign States — Article III, Great Britain — United States Jay Treaty, 1794 — Whether conferring enforceable right on Canadian Indians to import commercial merchandise into Canada without dutyTreaties — Interpretation — Vienna Convention on the Law of Treaties, 1969 — Great Britain — United States Jay Treaty, 1794 — English authentic text — French translation of provision not faithful to authentic text — What reliance can be placed on translationTreaties — Individuals — Whether treaty creating rights and obligations confers justiciable rights upon individuals resident in the contracting States — Whether contracting State has fiduciary duty towards citizens in respect of rights and obligations created under a treaty — Great Britain — United States Jay Treaty, 1794 — The law of Canada

135International organizations — United Nations — Immunity from service of process — Whether person invited by United Nations immune from service of process when outside "headquarters district" and not a designated representative of a member of the United NationsJurisdiction — Acts of genocide, war crimes and torture — Whether within jurisdiction of United States courts — Acts by Bosnian Serb forces against Muslim population in Bosnia-Herzegovina — Whether genocide and war crimes constitute universally recognized violations of international law for which private individuals can be held liable — Convention on the Prevention and Punishment of Genocide, 1951 — Common Article 3 of the Geneva Conventions on the Laws of War — Torture — Whether jurisdiction limited to actions concerning official torture — United States Alien Tort Act and Torture Victim Protection ActRelationship of international law and municipal law — Human rights — Whether international law places obligations on non-State actors as well as States in respect of violation of human rights norms — Whether acts of genocide, war crimes and torture can be subject of civil proceedings in municipal courts — Whether incorporation of international law into United States federal common law vests individual with implied right of action for violation of international law normsStates — Criteria for Statehood — Unrecognized State — Self-proclaimed Bosnian Serb State — Whether customary international law related to human rights applicable to unrecognized as well as recognized StatesWar and armed conflict — War crimes — Jurisdiction — Whether provisions of common Article 3 of the Geneva Conventions applicable to groups of insurgents as well as States in internal conflicts — Whether private individuals liable for commission of war crimes — Former Yugoslavia — Claim against leader of Bosnian Serb forces for compensation for war crimes allegedly committed by forces under his command — The law of the United States

452Diplomatic relations — Immunity — Diplomatic agent — Immunity from civil proceedings — Vienna Convention on Diplomatic Relations, 1961 — Article 31(1)(c) — Proceedings brought by domestic servant in relation to employment — Whether contract of employment with domestic servant a "commercial activity" — The law of the United States

Human rights — Treaties — Reservations — European Convention on Human Rights, Article 64 — Prohibition on reservations of a general character — Requirement that reservations contain brief statement of the law concerned — Interpretation of reservationsHuman rights — Freedom of expression — Interference with exercise of right must be prescribed by law and pursue a legitimate aim — States' margin of appreciation in determining whether interference is necessary in a democratic society and whether there is reasonable proportionality between means of interference employed and legitimate aim pursued — European Convention on Human Rights