Human rights — Crimes against humanity — Scope of concept of crimes against humanity — Widespread or systematic attack against civilian population — Persecution as a crime against humanity

International criminal law — Individual criminal responsibility — Command responsibility — Statute of the International Criminal Tribunal for the Former Yugoslavia, Article 7(1) and (3) — Position of command — De facto and de jure command authority — Concepts of planning and instigating offences — Aiding and abetting — Degree of participation required

International criminal law — Grave breaches of the Geneva Conventions — Statute of the International Criminal Tribunal for the Former Yugoslavia, Article 2 — Requirement of an international armed conflict — Requirement that victims be protected persons — Whether nationality or ethnic origin of victim decisive for these purposes — Elements of crimes

International criminal law — War crimes — Statute of the International Criminal Tribunal for the Former Yugoslavia, Article 3 — Elements of crimes — Attacks upon civilian population

International criminal law — Crimes against humanity — Statute of the International Criminal Tribunal for the Former Yugoslavia, Article 5 — Elements of crimes — Requirement of nexus with armed conflict — Widespread or systematic attack against civilian population — Definition of civilian — Former combatants — Presence of combatants within civilian population — Mens rea

International criminal law — Sentence — Relevant considerations — Age of accused and position of command — Gravity of offences

International tribunals — International Criminal Tribunal for the Former Yugoslavia — Jurisdiction — Procedure — Sentencing powers — Appropriate sentence

War and armed conflict — Armed conflict — Definition — Distinction between internal and international armed conflict — Conflict between Bosnian Government forces and Bosnian Croat forces — Involvement of the armed forces of the Republic of Croatia — Whether conflict international

War and armed conflict — Geneva Conventions — Interpretation — Common Article 3 — Whether reflecting customary international law — Whether violations of common Article 3 involving individual criminal responsibility

Arbitration — North American Free Trade Agreement, Chapter 11 — UNCITRAL arbitration — Place of arbitration — Jurisdiction — Procedure — Investment disputes — Definition — Whether measure relating to trade in goods capable of being measure relating to an investment — Procedural requirements for bringing claim — Whether going to jurisdiction — Award of costs

Economics, trade and finance — North American Free Trade Agreement — Aims and objectives — Interpretation — Requirement of national treatment — Minimum standard of treatment

International tribunals — Arbitration tribunal — UNCITRAL — North American Free Trade Agreement, Chapter 11 — Jurisdiction and powers — Procedure and evidence — Award of costs

Treaties — Interpretation — Principles of interpretation — Vienna Convention on the Law of Treaties, 1969, Articles 31 to 33 — Application to North American Free Trade Agreement

Arbitration — North American Free Trade Agreement, Chapter 11 — UNCITRAL arbitration — Jurisdiction — Investment disputes — Definition — Whether measure relating to trade in goods capable of being measure relating to an investment — Procedural requirements for bringing claim — Waiver of right to institute or continue national proceedings — Whether going to jurisdiction

Arbitration — North American Free Trade Agreement, Chapter 11 — UNCITRAL arbitration — Procedure and evidence — Claim of Crown privilege — Whether available before UNCITRAL arbitral tribunal — Whether State required to identify documents and produce reasoned submissions regarding their confidentiality — Whether UNCITRAL Tribunal empowered to compel production of documents — Scope of solicitor-client privilege — Claim — Amendment to claim

Economics, trade and finance — North American Free Trade Agreement — Aims and objectives — Interpretation — Relationship with general international law — Requirement of national treatment — Minimum standard of treatment — Performance requirements

Expropriation — Definition — North American Free Trade Agreement, Article 1110 — Measures tantamount to expropriation — Meaning — Whether extending beyond concept of expropriation in general international law — Creeping expropriation

International tribunals — Arbitration tribunal — UNCITRAL — North American Free Trade Agreement, Chapter 11 — Jurisdiction and powers — Procedure and evidence

State responsibility — Treatment of aliens — Investor protection — North American Free Trade Agreement, Chapter 11 — National treatment — Meaning of “like circumstances” — Minimum standard of treatment — Fair and equitable treatment — Full protection and security — Use of terms in bilateral investment treaties — Expropriation

Treaties — Interpretation — Principles of interpretation — Vienna Convention on the Law of Treaties, 1969, Articles 31 to 33 — Application to North American Free Trade Agreement

Human rights — Scope of application — European Convention on Human Rights, 1950, Article 1 — Whether extending to constitutional provisions in States — Aims and objectives of the Convention

Human rights — Freedom of association — Political party — Order for dissolution — Whether serving legitimate aim — Whether proportionate and necessary in a democratic society — European Convention on Human Rights, 1950, Article 11

Relationship of international law and municipal law — Treaties — European Convention on Human Rights incorporated by domestic legislation — Domestic legislation not yet in force — Whether legitimate expectation that consent would not be given to prosecutions incompatible with Convention rights pending coming into force of domestic legislation — Whether judicial review available of decision to give such consent

Human rights — Due process — Criminal trial — Whether reverse legal burdens compatible with rights under European Convention on Human Rights — The law of England

War and armed conflict — Nuclear weapons — Whether possession and deployment of nuclear weapons contrary to international law — Damage to property used in connection with deployment of nuclear weapons — Whether damage would be justified if deployment of nuclear weapons unlawful under international law

Relationship of international law and municipal law — Customary international law — Customary international law forming part of the law of England — Whether customary international law capable of providing defence in criminal prosecution — The law of England

Jurisdiction — Territorial — Order of foreign court — Whether English court having jurisdiction under English law to make restraint orders in aid of confiscation orders made by United States court — Whether appeal lying to Court of Appeal from decision of High Court judge granting restraint order — Whether restraint order being judgment in criminal cause or matter — Whether English law could apply retrospectively to external confiscation order — Whether order of United States court including interest qualifying as external confiscation order for purposes of English law — The law of England

Aliens — Refugees — Geneva Convention on the Status of Refugees, 1951 — Refugee status — Country of nationality — Country of former habitual residence — whether “country” synonymous with “State” — Northern Cyprus — Obligation of non-refoulement

Nationality — Nature of concept — Relationship between individual and State — Whether entity not recognized as State capable of conferring nationality

Recognition — States — Turkish Republic of Northern Cyprus — Absence of recognition — Significance — Whether northern Cyprus capable of conferring nationality — Whether capable of being country of former habitual residence for purposes of Refugee Convention — English tribunal bound by United Kingdom Government decision not to recognize northern Cyprus

States — Criteria for statehood — Recognition — Absence of recognition — Whether entity not recognized by international community capable of constituting a State — Northern Cyprus — The law of England

Economics, trade and finance — Economic sanctions — Sanctions imposed under Article 41 of the Charter of the United Nations — Iraqi invasion of Kuwait — Resolution 661 (1990) — Purpose and effect of embargo — Ban on satisfaction of claims made by persons in Iraq in respect of contracts affected by sanctions — Resolution 687 (1991), aragraph 29

International organizations — United Nations — Security Council — Effect of decisions — Sanctions imposed under Article 41 of the Charter of the United Nations — Iraqi invasion of Kuwait — Resolution 661 (1990) — Purpose and effect of embargo — Ban on satisfaction of claims made by persons in Iraq in respect of contracts affected by sanctions — Resolution 687 (1991), aragraph 29 — Whether ban permanent — Implementation in European Community — Council Regulation (EEC) No 3541/92

Relationship of international law and municipal law — Decisions of the United Nations Security Council — Implementation in European Communities — Council of the European Communities adopting regulation implementing sanctions throughout Community Member States

War and armed conflict — Economic warfare — Iraqi invasion of Kuwait — Illegality — Sanctions imposed by the United Nations Security Council — Purpose and effect — The law of England

Human rights — Freedom of expression — Flag desecration — Guarantees of right to freedom of expression — Basic Law of Hong Kong Special Administrative Region (“Basic Law”), Articles 39 and 27 — International Covenant on Civil and Political Rights, 1966 (“ICCPR”), Article 19 — National laws criminalizing flag desecration — Whether inconsistent with guarantee of freedom of expression — Whether restriction on freedom of expression necessary for protection of public order — Whether restriction justified under Article 19(3) of ICCPR — Whether national laws unconstitutional

Relationship of international law and municipal law — National laws criminalizing flag desecration — Basic Law — ICCPR — Basic Law applying ICCPR to Hong Kong Special Administrative Region — Guarantees of right to freedom of expression — Whether restriction in national laws justifiable — Whether national laws violating Basic Law — Whether national laws unconstitutional

States — Sovereignty — Transfer of sovereignty — People's Republic of China resuming sovereignty over Hong Kong on 1 July 1997 — New constitutional order — National and regional flags and emblems — Symbols of People's Republic of China and Hong Kong Special Administrative Region — Whether interests in protecting flags legitimate — The law of the Hong Kong Special Administrative Region

Treaties — Extradition treaty — Hong Kong — United States of America Agreement for the Surrender of Fugitive Offenders, 1996 — Fugitive Offenders Ordinance — Fugitive Offenders (United States of America) Order — Ordinance applying between Hong Kong Special Administrative Region (“HKSAR”) and United States subject to terms of Agreement — Order incorporating Agreement as part of municipal law of HKSAR — Validity of Agreement — Whether justiciable in municipal courts of HKSAR — Relevance of foreign law — The law of the Hong Kong Special Administrative Region

War and armed conflict — Nuclear weapons — Whether possession and deployment of nuclear weapons contrary to international law — Whether constituting a threat to use force — Damage to property used in connection with deployment of nuclear weapons — Whether damage would be justified if deployment of nuclear weapons unlawful under international law

Relationship of international law and municipal law — Customary international law — Customary international law forming part of the law of Scotland — Whether content of customary international law can be proved by evidence — Whether customary international law capable of providing defence in criminal prosecution — The law of Scotland

Treaties — Parties — Whether territorial unit within a State can be party to a treaty — Extradition agreement between State and subordinate territory — Hong Kong — Hong Kong-United States of America Agreement for the Surrender of Fugitive Offenders, 1996 (“Hong Kong Extradition Agreement”) — United States Federal Extradition Statute — Whether Hong Kong Extradition Agreement a “treaty” between the United States and a “foreign government” within the meaning of the Federal Extradition Statute — The law of the United States of America