Arbitration — Arbitration tribunal — Composition — Challenge to arbitrator — Appearance of impartiality and independence — Prior representation of party in matters unconnected with arbitration — Participation in board selecting legal adviser — Whether creating appearance of bias — Applicable standard in inter-State arbitration — United Nations Convention on the Law of the Sea, 1982 — Dispute settlement before International Court of Justice, International Tribunal for the Law of the Sea or Annex VII arbitration — Whether standard of impartiality and independence the same for all three methods of settlement

Arbitration — Jurisdiction — United Nations Convention on the Law of the Sea, 1982 — Disputes concerning interpretation or application of the Convention — Characterization of dispute — Matter for the tribunal — Proclamation of marine protected area (“MPA”) — Whether State proclaiming MPA the “coastal State” — Whether dispute concerning sovereignty over land — Whether tribunal established under Convention possessing jurisdiction to decide on land sovereignty

Environment — Marine environment — Marine protected area (“MPA”) — Nature of MPA — Whether concerned exclusively with fisheries or pollution — Effect on rights of other States — Chagos Islands — Proclamation by United Kingdom of MPA around Islands — Rights of Mauritius — Fishing rights — Rights to oil and minerals — Right of reversion — Consultation — Whether establishment of MPA compatible with United Nations Convention on the Law of the Sea, 1982

General principles of international law — Good faith — Abuse of rights — Duties of States under United Nations Convention on the Law of the Sea, 1982 — Duty to conduct international relations in good faith — Evidence of improper motive — Estoppel

Human rights — Self-determination — Decolonization — Mauritius — Independence of Mauritius from the United Kingdom — Detachment from Mauritius of the Chagos Islands — Whether contrary to right of self-determination — Whether genuine consent to detachment of Islands — Rights of population of the Islands

International organizations — United Nations — General Assembly — Self-determination and decolonization — Role of General Assembly — Independence of Mauritius — Detachment from Mauritius of Chagos Islands prior to independence — Condemnation by General Assembly

International tribunals — Procedure — Documents — Redacted documents disclosed in national proceedings — Proposal to use documents in inter-State proceedings — Whether unredacted versions should be disclosed — Criteria for non-disclosure — Procedure for determining whether redactions justified

Sea — Law of the Sea — United Nations Convention on the Law of the Sea, 1982 — Marine protected area (“MPA”) — Fishing rights — Territorial sea — Exclusive economic zone — Articles 2(3), 56(2), 194 and 300 — Coastal State — Duty of coastal State to have due regard to rights of other States — Proclamation of MPA by United Kingdom around Chagos Islands — Whether sufficient account taken of rights of Mauritius — Whether sufficient consultation — Whether contrary to United Kingdom’s obligations under Convention

Territory — Colonial territory — Principle of territorial integrity — Dependency of colony — Mauritius — Chagos Islands — Detachment of Chagos Islands prior to independence of Mauritius from United Kingdom — Whether contrary to international law

Treaties — Nature of treaties — Agreement between United Kingdom Government and government of British colony — Whether governed by international law — Undertakings by United Kingdom Government as part of path to independence — Role of undertakings in the consideration for agreement of colonial government to detachment of territory — Mauritius — Detachment of Chagos Islands prior to independence — Reaffirmation of undertakings by United Kingdom — Whether undertakings binding upon United Kingdom under international law

Human rights — Scope of application — European Convention on Human Rights, 1950 — Territorial scope — Colonies and dependent territories — Whether Convention extended to dependent territory — Whether right of individual petition extended — Article 56 of Convention — Relationship between Article 1 and Article 56 — Mauritius — Declaration by United Kingdom extending Convention to Mauritius when Mauritius a colony — Subsequent detachment from Mauritius of Chagos Islands

Human rights — Right of abode — Chagos Islands — Removal of islanders to Mauritius — Litigation concerning removal — Settlement — Whether islanders capable of being regarded as victims of violation in view of settlement

Territory — Colonies and dependent territories — Chagos Islands — Dependency of Colony of Mauritius — Separation from Mauritius — Effect on treaty application

Treaties — Application — Extension of treaties by State to colony — Dependency of colony — Subsequent detachment of dependency to form separate territory — Whether affecting extension of treaty

Diplomatic relations — Diplomatic privileges and immunities — Inviolability of diplomatic correspondence and archives — Admissibility in courts of the receiving State of illegally obtained diplomatic documents — Document emanating from United States Embassy in United Kingdom — Document probably obtained unlawfully from United States electronic storage facilities in United States — Document already subject of public discussion — Whether United Kingdom court should treat as inadmissible — Vienna Convention on Diplomatic Relations, 1961, Articles 24 and 27

Environment — Marine environment — Marine protected area (“MPA”) — Nature of MPA — Effect on rights of other States — Chagos Islands — Proclamation by United Kingdom of MPA around Islands — Rights of Mauritius — Fishing rights — Consultation exercise — Whether flawed because of failure to raise issue of fishing rights

Human rights — Right of abode — Chagos Islands — Separation from Mauritius in 1965 — Removal of population — Policy of no resettlement on the Islands — Establishment of Marine protected area (“MPA”) — Whether actuated by desire to prevent resettlement

Territory — Colony — Dependency of colony — Separation of dependency from colony prior to independence of colony — Removal of population of dependency — The law of England

International organizations — Membership — Admission of new members — United Nations — NATO — Name by which Member State to be known — Admission of State with provisional name — The former Yugoslav Republic of Macedonia — United Nations Security Council resolution 817 (1993) — United Nations Security Council resolution 845 (1993) — Negotiations regarding name — Interim Accord with Greece — Undertaking by Greece not to oppose admission of State to international organizations — Undertaking not applicable if State to be referred to in organization differently than in resolution 817 (1993) — State describing itself as Macedonia — NATO admission of new members by consensus — Whether Greece opposed admission — Whether violation of Interim Accord

International Court of Justice — Jurisdiction — Interim Accord between Greece and State referred to in United Nations as the former Yugoslav Republic of Macedonia — Provision for reference of disputes to International Court of Justice — Scope of jurisdiction — Admissibility — Whether Court required to rule on conduct of NATO — Whether judicial proceedings likely to prejudice diplomatic negotiations

States — New State — Socialist Federal Republic of Yugoslavia — Dissolution — Declaration of independence by Socialist Republic of Macedonia — Name of new State — Admission of new State to United Nations as the former Yugoslav Republic of Macedonia — Interim Accord with Greece — State referring to itself as the Republic of Macedonia

Treaties — Interpretation — Plain meaning of text — Object and purpose of treaty — Context of provision — Subsequent practice of parties as guide to interpretation — Breach — Remedies — Material breach — Countermeasures — Exceptio non adimpleti contractus — Whether forming part of contemporary international law

Arbitration — Procedure and evidence — Issues introduced at late stage in proceedings — Admissibility of evidence — Jurisdiction — Reliance on equitable considerations

General principles of international law — Equity — Estoppel — Good faith — Negotiations between States — Shared misapprehension about municipal law of one party to negotiations — Liability of joint venture between two States to tax in one of the States — Estoppel — Requirements of representation, reliance and detriment — Equitable considerations — Inequity of allowing detriment to one party to outweigh concession by the other

Territory — Land in one State held by another State — Limitation on use of land — Potential for development — Applicable legal regime — Railway land held by Malaysia in Singapore — Points of Agreement, 1999 — Joint Statement, 2010 — Establishment of joint company to develop land — Whether subject to Singapore development charge

Treaties — Interpretation — Principles — Vienna Convention on the Law of Treaties, 1969 — Common intention of the parties — Negotiating positions — Subsequent practice — Amendment — Whether subsequent agreement amending earlier treaty — Principle of good faith

Human rights — Freedom of religion and beliefs — Conscientious objection — Defendant appealing rejection of application for discharge from Navy on ground of conscientious objection — Defendant charged under Section 12(1) of Armed Forces Act 2006 while appeal pending — Appeal refused — Court Martial convicting and sentencing defendant — Whether conviction in breach of Article 9 of European Convention on Human Rights, 1950 — Whether defendant entitled to protected status under Geneva Conventions — Whether sentence excessive

Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950, Article 9 — Geneva Conventions — United Kingdom domestic law — Armed Forces Act 2006 — Personnel, Legal, Administrative and General Orders 0801 — Guidance on Sentencing in the Court Martial — Domestic procedure for applications for discharge from Navy on ground of conscientious objection — Defendant convicted under Section 12(1) of Armed Forces Act 2006 — Whether conscientious objection a conviction or belief engaging Article 9 of European Convention — Striking balance between rights of individual and rights of others — Whether person conscripted or volunteering for service — Whether domestic procedure satisfying requirements of Article 9(2) of European Convention — Whether conviction and sentence appropriate — Whether United Kingdom defence policy unlawful

Treaties — Interpretation — European Convention on Human Rights, 1950, Article 9 — Conscientious objection — Whether conviction or belief engaging Article 9 of European Convention — Whether domestic procedure satisfying requirements of Article 9(2) of European Convention — Geneva Conventions — Protected status — Whether United Kingdom defence policy unlawful

War and armed conflict — Geneva Conventions — Protected status — Deployment training — Weapons training — Conscientious objection — Requirement to maintain military service and discipline pending resolution of applications for discharge on basis of conscientious objection — Whether United Kingdom defence policy unlawful — The law of England

Diplomatic relations — Diplomatic agents — Immunity from jurisdiction — Object and purpose — Action by domestic servant employed at residence of diplomatic agent — Vienna Convention on Diplomatic Relations, 1961, Article 31(1) — Whether employment of domestic servant a commercial activity — Domestic servant a victim of trafficking — Whether diplomatic immunity compatible with European Convention on Human Rights, 1950, Articles 4 and 6

Human rights — Prohibition of slavery — Trafficking in human beings — European Convention on Human Rights, Article 4 — United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, 2000 (“the Palermo Protocol”) — Whether a norm of jus cogens — Whether overriding diplomatic immunity

Treaties — Interpretation — Vienna Convention on the Law of Treaties, 1969, Articles 31 to 33 — Application to the Vienna Convention on Diplomatic Relations, 1961 — Text — Object and purpose — Travaux préparatoires — The law of England

Nationality — Statelessness — Convention relating to the Status of Stateless Persons, 1954 — Deprivation of nationality — Involvement in terrorism as basis for deprivation of nationality — Obligation not to deprive a person of nationality if to do so would render him stateless — Determination of whether person would be stateless — Nationality under foreign law — Whether necessary to look at application of law by foreign government — British nationality — Whether deprivation of British nationality contrary to European Union law

General principles of international law — Proportionality — Proportionality in European Union law and under European Convention on Human Rights — Deprivation of nationality — The law of the United Kingdom

Relationship of international law and municipal law — Treaties — Convention on Privileges and Immunities of the United Nations, 1946 — Convention binding on United States as matter of international law — Whether binding in domestic litigation — Whether Convention self-executing — Whether requiring implementing legislation before enforceable in United States courts — Vienna Convention on Diplomatic Relations, 1961 in force with respect to United States — Diplomatic Relations Act 1978 requiring domestic courts to dismiss suit against anyone entitled to immunity under Vienna Convention on Diplomatic Relations, 1961 or other laws extending to diplomatic privileges and immunities — Convention on Privileges and Immunities of the United Nations, 1946 — Whether individual defendants entitled to immunity — Constitutional objections to immunity of United Nations and its former officials

Treaties — Effect — Interpretation — Convention on Privileges and Immunities of the United Nations, 1946 — Whether self-executing — Relevant criteria — Text — Negotiation and drafting history — Post-ratification understanding of signatory nations — Executive Branch’s interpretation — Whether implementing legislation necessary

International organizations — United Nations — Immunity — Nature of immunity — Absolute immunity — Whether United Nations expressly waiving immunity — International Organizations Immunities Act 1945 — Designated international organizations enjoying same immunity from suit as foreign governments — Whether United Nations designated organization

Diplomatic relations — Convention on Privileges and Immunities of the United Nations, 1946, Section 19 — Vienna Convention on Diplomatic Relations, 1961, Article 39(2) — Individual defendants former United Nations officials — Functional immunity — Whether acts performed in exercise of official functions — Diplomatic Relations Act 1978 — Whether individual defendants entitled to immunity — The law of the United States

International organizations — United Nations — Subsidiary body — Immunity — Nature of immunity — Absolute immunity — Whether United Nations expressly waiving immunity — Whether absolute immunity dependent on provision of mode of settlement for claims — Convention on Privileges and Immunities of the United Nations, 1946, Articles II(2) and VIII(29a) — United Nations Charter, 1945, Article 105

Treaties — Effect — Interpretation — Convention on Privileges and Immunities of the United Nations, 1946 — Whether self-executing — Whether United Nations immune from suit — Whether United Nations expressly waiving immunity — Whether grant of immunity vitiated only by express waiver — Whether United Nations forfeiting immunity due to failure to provide any mode of settlement for plaintiffs’ claims — Text of Convention — Drafting history — Executive Branch’s interpretation — Convention on Privileges and Immunities of the United Nations, 1946, Sections 2 and 29

Diplomatic relations — United Nations Charter, 1945, Article 105(2) — Convention on Privileges and Immunities of the United Nations, 1946, Section 19 — Vienna Convention on Diplomatic Relations, 1961, Article 31 — Individual defendants currently holding diplomatic positions — Whether individual defendants immune from suit — The law of the United States