Arbitration — Jurisdiction — United Nations Convention on the Law of the Sea, 1982 (“UNCLOS”), Part XV and Annex VII — Dispute settlement mechanism — Arbitration as default choice — Non-appearance by party — Jurisdiction — Scope of declaration excluding disputes concerning law enforcement activities — UNCLOS Articles 297 and 298 — Existence of a dispute — Effect of related proceedings at European Court of Human Rights — UNCLOS Article 283(1) — Exchange of views requirement — Urgency — Judicial standing — State responsibility — Obligations owed by coastal State to flag State — Whether standing of flag State covering claims relating to all persons on board a vessel

Arbitration — Applicable law — UNCLOS Part XV and Annex VII — Dispute settlement mechanism — Applicable law — Whether arbitration tribunal empowered to apply international human rights law — UNCLOS Article 293 — International Covenant on Civil and Political Rights, 1966, Articles 9 and 12 — Arbitrary arrest or detention — Freedom of movement

Arbitration — Costs — UNCLOS Part XV and Annex VII — Dispute settlement mechanism — Non-appearance by party — UNCLOS Annex VII, Article 6 — Obligation to pay deposits requested by arbitration tribunal — Costs and Expenses — Equal allocation of arbitration tribunal expenses between parties

Damages — Restitution — Return of confiscated equipment and items — Compensation — Material damage for vessel repairs and lost earnings — Material damage for bail and security — Material damage for unpaid deposits to arbitration tribunal — Non-material damage for wrongful arrest, prosecution and detention of persons — Quantum of compensation deferred

Environment — Marine pollution — UNCLOS Article 221 — Law enforcement measures — Measures must be reasonable and proportionate to expected or actual harm — Requirement of major harmful consequence

Human rights — Treaties — International Covenant on Civil and Political Rights, 1966, Articles 9 and 12(2) — Freedom from arbitrary arrest or detention — Freedom of movement — Right to leave country

International tribunals — International Tribunal for the Law of the Sea — Provisional measures — State responsibility for failure to comply with provisional measures — Prompt release — Requirement to act promptly — UNCLOS Article 300 — Breach of obligation to act in good faith

Sea — Exclusive economic zone — Rights and duties within the exclusive economic zone — UNCLOS Articles 56(2), 58(1) and (2) — Freedom of navigation — UNCLOS Articles 87(1)(a) and 92(1) — Artificial islands, installations and structures within exclusive economic zone and on continental shelf — UNCLOS Article 60(5) — UNCLOS Article 80 — Requirements of safety zones — UNCLOS Articles 56(2), 58(1) and (2), 87(1)(a) and 92(1) — Law enforcement measures — Grounds to impede freedom of navigation — UNCLOS Article 110 — Right of visit — Right of seizure — Piracy — Hooliganism — Terrorism — Risk of environmental harm — UNCLOS Article 220 — Vessel-source pollution — UNCLOS Article 234 — Regulation of ice-covered areas — Unlawful boarding, seizure and detention of ship — Principle of reasonableness

Sea — Hot pursuit — UNCLOS Article 111 — Violation of coastal State laws and regulations — Auditory or visual signal requirement — Continuity of pursuit requirement — Dangerous manoeuvring — UNCLOS Article 97 — No right to arrest or detain ship

Terrorism — Law enforcement at sea — Right to take preventive action on reasonable suspicion — Right to protect exercise of sovereign rights of the coastal State

International tribunals — Jurisdiction — African Court on Human and Peoples’ Rights — Access — Limitations on access by individuals — Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of the African Court on Human and Peoples’ Rights, 1998 — Requirement under Article 34(6) of Protocol for State to deposit declaration accepting capacity of individuals to bring a suit before Court — Whether Senegal depositing a declaration under Article 34(6)

Human rights — Right to a fair trial — Senegal’s criminal proceedings against Mr Habré — Whether proceedings violating the African Charter on Human and Peoples’ Rights, 1981 — African Union Convention Governing the Specific Aspects of Refugee Problems in Africa, 1969 — Principle of non-retroactivity of criminal law — Principle of universal jurisdiction — Whether proceedings constituting abuse of African Union’s July 2006 grant of mandate

International tribunals — African Court on Human and Peoples’ Rights — Access — Limitations on access by individuals — African Charter on Human and Peoples’ Rights, 1981 and its Protocol on the Establishment of the African Court on Human and Peoples’ Rights, 1998 — Requirement under Article 34(6) of Protocol for State to deposit declaration accepting suit by individual — Jurisdiction — Non-State entity — Application of Article 34(6) — African Union — Corporate capacity — Adoption and enactment of Protocol on the Establishment of the African Court on Human and Peoples’ Rights, 1998 — International legal personality — Admissibility of application — Exhaustion of local remedies — Locus standi

Human rights — Duty of State to adopt legislative measures — Right to freedom from discrimination — Right to a fair hearing — Right of access to public property and services — Equality of all persons before the law — Independence of the courts — Power to adopt special protocols or agreements — Whether Article 34(6) of Protocol violating Articles 1, 2, 7, 13(3), 26 and 66 of African Charter on Human and Peoples’ Rights, 1981

International organizations — Legal personality — African Union — Capacity to sue and be sued — Whether African Union subject to the jurisdiction of the African Court on Human and Peoples’ Rights — Whether African Union could be held liable for violation of African Charter on Human and Peoples’ Rights — Protocol on the Establishment of the African Court on Human and Peoples’ Rights, 1998

International tribunals — African Court on Human and Peoples’ Rights — Jurisdiction — Temporal jurisdiction — Date of entry into force of Protocol to African Charter on Human and Peoples’ Rights — Date cause of action arising — Continuing violations of rights — Subject-matter jurisdiction — Broad subject-matter jurisdiction under Article 3 of Protocol — Jurisdiction ratione personae — Optional Declaration under Article 34(6) of Protocol — Competence of Court to deal with cases instituted by individuals — Admissibility of application — Pendency of matter before African Commission — Recourse to national courts — Exhaustion of local remedies

Human rights — Treaties — African Charter on Human and Peoples’ Rights, 1981, Articles 7 and 15 — Right to a fair hearing — Right to work under equitable and satisfactory conditions — Whether termination of employment violating Articles 7 and 15 of Charter

Claims — Local remedies rule — Human rights action — Failure of applicant to argue case in national court because of objection to national procedural rule — National court entitled to determine its procedure — African Court on Human and Peoples’ Rights

International tribunals — African Court on Human and Peoples’ Rights — Jurisdiction — Jurisdiction ratione materiae — Jurisdiction ratione personae — Jurisdiction ratione temporis — Requirement for State to deposit declaration accepting suit by individual — Article 34(6) of Protocol to African Charter on Human and Peoples’ Rights, 1998 — Admission of expert witness — Whether application admissible in African Court on Human and Peoples’ Rights — Non-exhaustion of local remedies — Reasonable time for filing application — Whether requirements of Article 56 of African Charter on Human and Peoples’ Rights, 1981 fulfilled

Human rights — Treaties — Right to equal protection of law — Right to dignity inherent in a human being — Right to liberty — Right to be heard — Right to property — African Charter on Human and Peoples’ Rights, 1981 — International Covenant on Civil and Political Rights, 1966 — Whether Tanzania violating African Charter on Human and Peoples’ Rights and International Covenant on Civil and Political Rights

Claims — Local remedies rule — Failure to appeal against decision of lower court — Whether applicant’s attempts to exhaust local remedies frustrated by procedural technicalities

International tribunals — African Court on Human and Peoples’ Rights — Jurisdiction — Personal jurisdiction — Requirement for State to deposit declaration accepting suit by individual — Article 34(6) of Protocol to African Charter on Human and Peoples’ Rights, 1998 — Subject-matter jurisdiction — Broad jurisdiction to apply Charter or other human rights instrument ratified by State — Whether Court mandated to examine national proceedings — Admissibility of application — Whether essential for applicant to cite specific provisions of Charter in claim — Exhaustion of local remedies — Filing of claim within reasonable time after exhaustion of remedies

Human rights — Treaties — Right to a fair trial — Right to inherent dignity — Right to liberty — Right to equal protection of the law — Right to information — African Charter on Human and Peoples’ Rights, 1981 — International Covenant on Civil and Political Rights, 1966 — Whether Tanzania violating African Charter on Human and Peoples’ Rights and International Covenant on Civil and Political Rights

International tribunals — Jurisdiction — East African Court of Justice — Supremacy of East African Court of Justice — Treaties — Treaty for the Establishment of the East African Community, 1999 — Protocols established under Treaty — Amendments to Treaty — Conflicting interpretation of Treaty — Whether amendments undermining jurisdiction of the Court — Jurisdiction of Partner State organs and institutions in interpretation of Treaty — National courts — Dispute resolution mechanisms

Human rights — Right to freedom of press — Right to freedom of expression — Whether provisions of Burundian Law No 1/11 of 4 June 2013 restricting freedom of press and freedom of expression — Democracy

International tribunals — East African Court of Justice — Jurisdiction — Articles 23 and 27(1) of Treaty for the Establishment of the East African Community, 1999 — Precedence of decisions of the East African Court of Justice on interpretation of Treaty

Relationship of international law and municipal law — Treaties — Treaty for the Establishment of the East African Community, 1999 — Interpretation of Treaty — Obligations of States Parties under Articles 6(d) and 7(2) of Treaty — Principles of good governance — Whether Burundian Press Law violating Articles 6(d) and 7(2) of Treaty

International criminal law — International Criminal Court — Rome Statute, 1998, Articles 8(2)(e)(iv), 23, 25(3)(a), 65 and 76-8 — War crime of intentionally attacking protected objects — Destruction of cultural heritage — Liability of co-perpetrator — Situation in the Republic of Mali — Referral to the ICC by the Government of Mali — Sentencing — Appropriate sentence given gravity of the crime and plea of guilty

Evidence before international courts and tribunals — International Criminal Court — Destruction of cultural property — Evidence of co-perpetrator’s conduct

War and armed conflict — Non-international armed conflict — Definition — Distinction between armed conflict and internal disturbances and tensions — Control of territory by armed groups — Whether conflict internationalized — Conflict in Mali in 2012

Human rights — Torture — Right to a fair trial — Arbitrary deprivation of liberty — Extradition — Obligations under Article 7 of International Covenant on Civil and Political Rights, 1966 — Risk of torture and other cruel, inhuman or degrading treatment or punishment — Arbitrary detention — Double punishment — Prohibition of discrimination — State Party’s non-compliance with request for interim measures — Whether State Party violating its obligations under Article 7 of Covenant — Effective remedy

International tribunals — United Nations Human Rights Committee — Jurisdiction — Admissibility — Other procedures of international investigation — Whether failure to exhaust local remedies — United Nations Human Rights Committee

Human rights — Whether author’s claims sufficiently substantiated — Whether author’s claims incompatible ratione materiae with International Covenant on Civil and Political Rights, 1966 — Whether deportation in violation of obligations of State Party under Covenant — Right to life — Prohibition of torture and cruel, inhuman or degrading treatment — Right to liberty and security of person — Right to privacy and family — Whether State Party violating its obligations under Article 7 of Covenant — Effective remedy — Compensation

International tribunals — Provisional measures of protection — Duty of compliance — United Nations Human Rights Committee — Indication of provisional measures — Compliance necessary as part of good faith participation in system of individual communications — United Nations Human Rights Committee