International tribunals — International criminal tribunals — International Criminal Tribunal for the Former Yugoslavia — Jurisdiction — Primacy over national courts — Procedure for requesting State to defer to the competence of the International Tribunal — Defendant charged in the Federal Republic of Germany — Application by Prosecutor to International Tribunal to request German courts to defer to International Tribunal — Potential conflict with German law

Relationship of international law and municipal law — Supremacy of international law — Principle that a State may not rely upon its municipal law as a reason for not complying with international obligations — Obligations derived from resolution of United Nations Security Council — Duty of States to co-operate with the International Criminal Tribunal for the Former Yugoslavia

International organizations — United Nations — Security Council — Resolutions of Security Council adopted under Chapter VII of the Charter — Binding quality — Whether prevailing over provisions of municipal law — Resolution 827 (1993) — Establishment of International Tribunal for the Former Yugoslavia

War and armed conflict — War crimes — Crimes against humanity — Genocide — Offences allegedly committed during conflict in Bosnia-Herzegovina — Jurisdiction of the International Criminal Tribunal for the Former Yugoslavia

International organizations — Immunity — Jurisdictional immunity — Whether international organizations subject to application of EEC Treaty rules on competition — European Organization for the Safety of Air Navigation (“Eurocontrol”) — Exercise of powers to collect route charges on behalf of Member States — Whether Eurocontrol acting as public authority or carrying out activities of an economic nature

Air — Safety of air space — Provision of air navigation services — European Organization for the Safety of Air Navigation (“Eurocontrol”) — Legal status — Extent of authority — Brussels Convention establishing Eurocontrol, 1960 — Brussels Protocol amending Eurocontrol Convention, 1981

International organizations — European Community — Institutions — Court of Justice — Powers — Jurisdiction under Article 177 of EEC Treaty — Interpretation of Treaty provisions — Whether constituting contentious procedure — Whether party to main proceedings entitled to challenge jurisdiction of Court on basis of entitlement to jurisdictional immunity

Economics, trade and finance — Competition rules — EEC Treaty, 1957, Articles 86 and 90 — Whether applicable to international organizations — Concept of “undertaking” — Whether limited to body carrying out economic activity — The law of the European Community

Treaties — Power to conclude — European Community — Treaty-making powers of the Community — EEC Treaty, 1957, Article 228(1) — Division of responsibilities between Commission and Council — Competition law — Commission possessing internal powers to take individual decisions on specific matters of competition law — Whether Commission possessing parallel power to conclude international administrative agreement with competition authorities of non-member country

International organizations — European Community — Institutions — Powers — Requirement of specific attribution — EEC Treaty, Article 4(1) — Division of powers between institutions — Article 228(1) of Treaty — Treaty-making competence vested in principle in Council — Exception granting competence to Commission — Whether requiring restrictive interpretation

International organizations — Treaty-making powers — European Community — Capacity to conclude international agreements — Whether vested in the Community or its institutions — Whether non-performance of agreement by Community institution giving rise to liability of Community itself at international level — EEC Treaty, Articles 210 and 228 — Vienna Convention on the Law of Treaties between States and International Organizations, 1986, Article 2(l)(a)(i)

Treaties — Interpretation — Principles of interpretation — Specific derogation — Interpretation by comparison of different language versions of multilateral treaty — Interpretation by reference to analagous provision of another treaty binding the same parties — Whether permissible — EEC Treaty, Article 228(1) — Euratom Treaty, 1957, Article 101(3)

International organizations — European Community — Institutions — Court of Justice — Powers — Judicial review — EEC Treaty, Article 173 — Power to review legality of acts of Community institutions — Whether including power to examine legality of procedure for conclusion of agreement with non-member country

Economics, trade and finance — Competition rules — Agreement between authorities of European Community and United States concerning application of their respective competition laws — Legal effect of Agreement — Whether merely an administrative arrangement — Whether void for lack of competence on the part of the Commission — The law of the European Community

Human rights — Freedom of expression — Limits on freedom of expression — Prohibitory injunction restraining applicant from repeating statements in consumer information bulletin — Conviction under German domestic legislation relating to unfair competition — Whether a justifiable interference with freedom of expression — Balancing of competing interests — States’ margin of appreciation not exceeded — Relevance of market economy — Relevance of publication based on isolated incident — European Convention on Human Rights, 1950, Article 10

Human rights — Freedom of expression — Limits on freedom of expression — Ban on cable retransmission in Switzerland of radio broadcasts from Italy — Whether justifiable interference with freedom of expression — Whether legitimate aim — Whether necessary in a democratic society — European Convention on Human Rights, 1950, Article 10

Treaties — Interpretation — Meaning of “victim” — Whether applicant victim — European Convention on Human Rights, 1950, Article 25 (1)

Claims — Remedies — Existence of effective remedies — Effectiveness of remedies — National court dismissing appeals as moot — Whether denial of effective remedy before a national authority — European Convention on Human Rights, 1950, Article 13

Human rights — Freedom of expression — Refusal by State authorities to grant licence to receive television broadcasts by dish aerial from foreign telecommunications satellite without consent of the broadcasting State — Scope of freedom — Whether commercial parties and interests entitled to protection — Whether refusal prescribed by law — Whether refusal necessary in a democratic society — Relevance of technical and legal developments subsequent to facts of case — Consideration of international telecommunications law — European Convention on Human Rights, 1950, Article 10

Sea — Continental shelf — Continental shelf common to two countries — UN Convention on the Law of the Sea, 1982 — Appellant convicted for fishing in Australian Fishing Zone — Maritime boundaries between Australia and Indonesia — Coastlines less than 400 miles apart — Territorial limits of Commonwealth of Australia — Memorandum of Understanding between Australia and Indonesia concerning the implementation of a Provisional Fisheries Surveillance and Enforcement line, 29 October 1981 — Proclamation defining northern boundary of Australian Fishing Zone, 26 September 1979 — Fisheries Act 1952 (Commonwealth) — Constitution of Australia, Section 51 (x) and 51 (xxix)

Sea — Fisheries — Exclusive fishing zone — Appellant in charge of and using foreign fishing vessel for fishing in Australian fishing zone without licence — Fisheries power of Commonwealth of Australia — Whether seaward limits of 200 nautical miles beyond Australia and external territories — Whether breach of provisions for protection of fishing grounds from foreign exploitation — Forfeiture of vessel, fish and equipment — Fisheries Act 1952 (Commonwealth) — The law of Australia

Extradition — Dual criminality — Test of — Australia-United States Extradition Treaty, 1976 — United States requesting extradition of appellant for conspiracy to import and distribute drugs in the United States — Offence of continuing criminal enterprise — Whether evidence sufficient to justify trial or committal for trial — Test of sufficient evidence — Whether terms of the Treaty to be read into the Statute — Whether Treaty part of municipal law — Elements of the offence — Whether totality of acts constituting offence against law in force in Australia — Extradition Act 1988 (Commonwealth)

Jurisdiction — Territorial jurisdiction — Extradition offence — Appellant having Australian and Dutch citizenship — United States requesting extradition for conspiracy to import and distribute drugs in the United States — Acts taking place in the Netherlands — Whether question of jurisdiction applicable — Whether notional offence in Australia — The law of Australia

State immunity — Jurisdictional immunity — Employment — Airline pilot — Airline owned by Republic of Nauru — Whether Republic of Nauru able to claim State immunity — Curtailing of absolute immunity — Doctrine of restrictive immunity applicable — Distinction between jure imperii and jure gestionis — Difficulties in ascertaining classification of relevant act — Whether pilot performing acts of sovereign or commercial character — The law of Australia

Diplomatic relations — Diplomatic premises — Duty to protect — Dignity of diplomatic mission — Demonstration outside embassy — Whether threat to diplomatic mission — Obligation to protect dignity of embassy — Requirement of respect for freedom of speech — Vienna Convention on Diplomatic Relations, 1961, Articles 22 and 29

Relationship of international law and municipal law — Treaties — Effect in municipal law — Legislation incorporating treaty into municipal law — Section 7 of Diplomatic Privileges and Immunities Act 1967 — Articles 22 and 29 of Vienna Convention on Diplomatic Relations, 1961 — Section 15 of 1967 Act permitting making of regulations “necessary or convenient” for carrying out or giving effect to Act — 1992 Diplomatic Privileges and Immunities (Amendment) Regulations (SR No 7 of 1992) — Regulations 5A and 5B — Validity of regulations

Treaties — Interpretation — Principles of — Vienna Convention on Law of Treaties, 1969 — Guidelines — Ordinary meaning of terms in context and object and purpose of treaty, Article 31(1) — Subsequent State practice

Human rights — Freedoms of speech and assembly — Balancing obligations to protect diplomatic premises with freedom of speech already existing in host State and international law — Rights being asserted in international conventions — Australia party to such conventions — Discerning intention of Australian parliament — The law of Australia

Jurisdiction — Territorial — Australian Capital Territory — Supreme Court — Offences under Section 8 of the Crimes (Internationally Protected Persons) Act 1976 — Statute applying throughout Australia — Section 75 of Commonwealth Constitution — Whether involving matters arising under any treaty — Whether involving matters affecting representatives of other countries — Whether matters involving Commonwealth as party — Commonwealth Constitution granting original jurisdiction to High Court — Whether Supreme Court possessing jurisdiction

Diplomatic relations — Protection of diplomats — Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, 1973 — Interpretation — Implementation in Australia

Relationship of international law and municipal law — Treaties — Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, 1973 — Australia party to Convention — Crimes (Internationally Protected Persons) Act 1976 implementing Australia's obligations under Convention — Whether offences involving matters arising under the treaty — The law of Australia

Treaties — Implementation — Obligation of States — Construction of implementing statute — United Nations Single Convention on Narcotic Drugs, 1961 — Accused transporting drugs from Morocco to the United States — Entering Canadian waters due to weather conditions and engine failure — Charged with the offences of importing narcotics — Definition of “import” and “export” — Narcotic Control Act 1970, Section 5

Jurisdiction — Territorial jurisdiction — Drug offences — United Nations Single Convention on Narcotic Drugs, 1961 — Charge of importation of narcotics — Offence committed in the territorial waters of Canada — Original intention to transport cannabis from Morocco to United States — Vessel entering Canadian waters due to unseaworthiness — Whether act voluntary — Defence of necessity and distress — Narcotic Control Act 1970, Section 5 — The law of Canada

Extradition — Rule of speciality — Absence of treaty — Australia and Canada entering into extradition arrangement incorporating rule of speciality — Extradition on narcotic charges — Whether applicant could be detained on any charge other than that for which he was extradited — Extradition (Commonwealth Countries) Act 1966 (Australia) — Extradition Act, RSC 1970, c. E-21 — The law of Canada

Human rights — Guarantees against arbitrary detention or imprisonment and cruel and unusual treatment or punishment — Applicant sentenced as “habitual criminal” to imprisonment for an indeterminate period — Whether continued detention constituting cruel and unusual treatment or punishment — Whether amounting to arbitrary detention or imprisonment — Whether a violation of the Canadian Charter of Rights and Freedoms 1982, Sections 9 and 12 — Interpretation — International Covenant on Civil and Political Rights, 1966 — Use of Covenant as an aid in interpreting Charter rights

Treaties — Implementation — International Covenant on Civil and Political Rights, 1966 — Covenant not implemented in Canadian domestic law — Whether Canada under international human rights obligation to implement the provisions of Covenant — Constitutional protection against arbitrary detention or imprisonment and cruel and unusual treatment or punishment — Whether courts could resort to Covenant as an aid in interpreting provisions of Canadian Charter of Rights and Freedoms 1982, Sections 9 and 12 — The law of Canada

Diplomatic relations — Diplomatic immunity — Vienna Convention on Diplomatic Relations, 1961 — Implementation — When and how diplomatic immunity terminated — Accused member of diplomatic staff of Nicaraguan Embassy — Termination of duties at mission — Temporary visit to the United States — Accused not having left Canada permanently — Arrested for criminal offences — Whether immunity lost by temporary departure from country after duties terminated — Diplomatic and Consular Privileges and Immunities Act SC 1976–77, Section 2

Treaties — Interpretation — Vienna Convention on Diplomatic Relations, 1961 — Implementation by Statute — Time at which diplomatic immunity terminated — Whether provisions of Convention to be interpreted according to principles of public international law — Whether Convention to be construed so as not to derogate from customary international law — Diplomatic and Consular Privileges and Immunities Act SC 1976–77, c 31 — The law of Canada

Air — Carriage by air — Warsaw Convention relating to International Carriage by Air, 1929 — Pilot failing to illuminate fasten seatbelts sign — Air turbulence — Plaintiff sustaining injury — Whether pilot acting recklessly — Whether pilot having knowledge that damage would probably result

Treaties — Interpretation — Reference to travaux préparatoires — Warsaw Covention as amended at The Hague, 1955 — Intended meaning of Convention — Necessary elements of “recklessness” and “knowledge that damage would probably result”

Relationship of international law and municipal law — Warsaw Convention as amended at The Hague, 1955 — Section 1(1) of Carriage by Air Act 1961 giving Convention force of law in United Kingdom — Relevance of meaning of Warsaw Convention — Construction of English statute — The law of England

State immunity — Jurisdictional immunity — Assets claimed by foreign State — Insolvency of bank owned by foreign State — Deposits with bank in the name of embassy of foreign State — Whether liquidators required to pay sums to embassy — Whether failure to pay amounting to indirect impleading of foreign State — Commercial activity exception to immunity — State Immunity Act 1978, Sections 3(l)(a) and 6(3) — Republic of Iraq — Sanctions against — The law of England

Jurisdiction — Territorial — Applicability of English statute — Respondent bank registered and carrying on business in Jersey — Whether respondent out of jurisdiction of court — Section 238(2) of Insolvency Act 1986 — “Any person” — Meaning intended by Parliament — Whether encompassing “foreign” bank — Principles of statutory construction — Whether territorial scope of legislation unlimited — Whether Parliament intending limitation of application of statute — Court possessing discretion providing safeguards — Sufficient connection with England — Service out of jurisdiction — The law of England

Jurisdiction — Executive — Foreign court seeking order to examine Crown servant — Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, 1970 — Whether English court having jurisdiction to make order — Evidence (Proceedings in Other Jurisdictions) Act 1975 — Act only basis for jurisdiction — Potential witness no longer Crown servant — Whether Section 9(4) of Act applicable

Relationship of international law and municipal law — Treaties — Convention applicable only to extent incorporated into municipal law by Act — Where ambiguity in Act presumption Parliament legislating in accordance with Convention — Whether any ambiguity — Article 11 of Convention — The law of England