International Court of Justice — Provisional measures — Terrorism — Racial discrimination — Prima facie jurisdiction — International Convention for the Suppression of the Financing of Terrorism, 1999 (“ICSFT”) — International Convention on the Elimination of All Forms of Racial Discrimination, 1965 (“CERD”) — Procedural preconditions to Court’s jurisdiction — Negotiation — Arbitration — Plausibility — Article 18 of ICSFT — Obligation to cooperate to prevent terrorism financing — Whether Ukraine proving that alleged acts constituting breach of Article 18 of ICSFT — Articles 2-5 of CERD — Right to education — Whether restrictions on Ukrainian-language education plausibly breaching right to education — Freedom of association — Whether banning of Mejlis plausibly breaching freedom of association — Irreparable prejudice — Urgency — Link between provisional measures requested and rights sought to be protected — Measures to prevent extension and aggravation of dispute

Terrorism — Treaties — International Convention for the Suppression of the Financing of Terrorism, 1999 — Whether Court having prima facie jurisdiction under ICSFT — Article 18 of ICSFT — Obligation to cooperate to prevent terrorism financing — Whether Ukraine proving that alleged acts constituting breach of Article 18 of ICSFT — Whether provisional measures to be ordered

Human rights — Treaties — International Convention on the Elimination of All Forms of Racial Discrimination, 1965 — Whether Court having prima facie jurisdiction under CERD — Articles 2-5 of CERD — Right to education — Whether restrictions on Ukrainian-language education plausibly breaching right to education — Freedom of association — Whether banning of Mejlis plausibly breaching freedom of association — Whether provisional measures to be ordered

Treaties — Interpretation — Related treaties — Whether provisions of one treaty relevant in interpretation of another — United Nations Convention on the Law of the Sea, 1982 (“UNCLOS”) — International Convention for the Prevention of Pollution from Ships, 1973 (“Marpol Convention”) — International Convention relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969 (“Intervention Convention”) — UNCLOS concluded by the European Union and all its Member States — Status of these treaties in the EU legal order — Interpretative value of Marpol Convention and Intervention Convention in interpretation of UNCLOS

Environment — Marine environment — Pollution — Ship-borne pollution — Effects in the exclusive economic zone (“EEZ”) and territorial sea — Jurisdiction of the coastal State and the flag State — Limits on jurisdiction — UNCLOS — Marpol Convention — Intervention Convention — Enforcement rights of coastal States in their EEZ — Whether coastal States allowed to impose more stringent measures than those foreseen in UNCLOS Article 220(6)

Relationship of international law and municipal law — Treaties — European Union — Status of treaty as EU law — UNCLOS — Interpretation of Article 7(2) of Directive 2005/35/EC conforming to UNCLOS Article 220(6) — Relevance of treaties to which EU not party but which bind EU Member States

Sea — Environmental protection — Protection and preservation of marine environment — Ship-source pollution in EEZ — Flag State jurisdiction — Enforcement rights of coastal State — Whether and in which circumstances UNCLOS Article 220(6) authorizing a coastal State to instigate proceedings against a foreign vessel — Meaning of “clear and objective evidence” in UNCLOS Article 220(6) — Whether covering not only commission of a violation, but also its consequences — Meaning of “coastline or related interests” in UNCLOS Article 220(6) — Whether having the same meaning as in Article II of Intervention Convention — Whether covering non-living resources of territorial sea of coastal State as well as any resources in its EEZ — The law of the European Union

Extradition — European Convention on Extradition, 1957 — Primacy of European Convention on Human Rights, 1950 in extradition proceedings — Diplomatic assurances — Whether diplomatic assurances by Prosecutor General’s Office of Russian Federation relevant

Human rights — Treaties — European Convention on Human Rights, 1950 — Article 3 — Article 6 — Extraterritorial effects of Convention — Penal system of Russian Federation — Whether Austria having to deny extradition for criminal prosecution to Russian Federation — The law of Austria

Relationship of international law and municipal law — Treaties — International Covenant on Economic, Social and Cultural Rights, 1966 — Constitution of Estonia — National law provisions — Whether international treaty having direct application — General Comment of UN Committee on Economic, Social and Cultural Rights — Point 5 of General Comment No 3 of UN Committee on Economic, Social and Cultural Rights

Treaties — Application — Interpretation — International Covenant on Economic, Social and Cultural Rights, 1966 — Whether international treaties directly applicable — Obligations of States parties — Obligation to foresee legal remedies

Human rights — Treaties — International Covenant on Economic, Social and Cultural Rights, 1966 — Whether directly applicable — General Comment of UN Committee on Economic, Social and Cultural Rights — Point 5 of General Comment No 3 of the UN Committee on Economic, Social and Cultural Rights — The law of Estonia

Sea — Fishing — Snow crab fishing — Treaties — Interpretation — Article 77 of United Nations Convention on the Law of the Sea, 1982 — Coastal State — Continental shelf — Sedentary species — Treaty interpretation — Article 34 of Vienna Convention on the Law of Treaties, 1969 — Whether snow crab a sedentary species — Spitsbergen Treaty, 1920 — Spitsbergen Fisheries Protection Zone — Articles 2 and 3 of Spitsbergen Treaty — Norwegian Snow Crab Regulations — Prohibition of snow crab fishing — Permit for snow crab fishing only for Norwegian nationals — Discriminatory treatment — Equal treatment requirement under Spitsbergen Treaty — Whether Norwegian Snow Crab Regulations violating Spitsbergen Treaty

Relationship of international law and municipal law — Treaties — Interpretation — United Nations Convention on the Law of the Sea, 1982 — Article 77 — Whether snow crab sedentary species — Whether natural resource over which Norway exercising sovereign rights — Spitsbergen Treaty, 1920 — Norwegian Snow Crab Regulations permitting only Norwegian nationals to fish for snow crabs — Whether discriminatory — Whether national regulations violating Spitsbergen Treaty — The law of Norway

Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Article 46 — Obligation to execute European Court of Human Rights judgments — Constitutional review of provisions of Russian law on execution of European Court of Human Rights judgments — Whether European Court of Human Rights judgments incompatible with Constitution of the Russian Federation can be executed — Hierarchy of legal sources under Constitution — Whether Constitution having supreme legal force — Article 15 of Constitution

Relationship of international law and municipal law — Treaties — Interpretation — Vienna Convention on the Law of Treaties, 1969 — Article 31 — European Convention on Human Rights, 1950 — Article 46 — Obligation to execute European Court of Human Rights judgments — Whether non-compliance with rules on treaty interpretation exempting State from obligation to execute judgment — Provisions of internal law regarding competence to conclude treaties — Whether subsequent interpretation incompatible with “rules of fundamental importance” exempting State from obligation to execute judgment — The law of the Russian Federation

Extradition — Extradition of illegal immigrants to home State — Risk of imposition and execution of death penalty — Requests for assurance — Obligation towards prosecuting individual in own State — Southern African Development Community Extradition Protocol, 2002 — Extradition Treaty between Botswana and South Africa

Diplomatic relations — Extradition or deportation of individuals at risk of death penalty — Conflict of domestic constitution and treaty agreements — Interference with foreign prosecuting authority — Southern African Development Community — Resolving human rights disputes politically

Human rights — Object to protect, respect, promote and fulfil human rights — Human rights in extradition cases — Prohibition of death penalty — Obligations towards non-citizens — Obligations towards individuals entering country illegally — Obligation to protect human rights in other States’ jurisdiction — Whether real risk of death penalty being executed — The law of South Africa

State immunity — Jurisdictional immunity — Waiver — Immunity under Section 2 of South African Immunities Act — Waiver of immunity under Section 3(1) — Agreement to be bound by international agreements

Expropriation — Expropriation of property by State without compensation — Denial of access to domestic court system — Regional Tribunal of the Southern African Development Community

International tribunals — Enforcement of orders of international tribunals — Meaning of “foreign judgment” — Regional Tribunal of the Southern African Development Community — Whether judgment of Tribunal a foreign judgment for purposes of enforcement

Relationship of international law and municipal law — Orders of regional Tribunal of Southern African Development Community — Enforcement of foreign judgments within South African law — Enforcement of foreign civil orders under the Enforcement Act — Enforcement of foreign judgments under South African common law — Meaning of “foreign judgment” — Obligation under Article 32 of Tribunal Protocol to facilitate execution of decisions of Tribunal — The law of South Africa

Jurisdiction — Justiciability of individual disputes against States members of Southern African Development Community — Amendment by protocol to Treaty of the Southern African Development Community, 1992

Human rights — Treaties — Treaty of the Southern African Development Community, 1992 — South African Constitution — Right of access to justice — Procedural irregularity — Irrationality and unlawfulness — Whether conduct of South African President violating South African Bill of Rights

Diplomatic relations — Responsibility of executive for conduct of foreign relations — Whether considerations of comity overriding domestic legislation

Relationship of international law and municipal law — Conduct of foreign relations — Whether justiciable in municipal court — Whether court entitled to question efficacy of steps taken by South African Government in signing an international agreement prior to its ratification — The law of South Africa

Arbitration — Agreement to arbitration — Arbitration under International Chamber of Commerce rules — Enforcement of judgment — Justiciable within English court — Relevance of national law in interpretation of agreement

Evidence before international courts and tribunals — Meaning of agreement with government signature — Reference to previous draft agreements — Joint enterprise including government and legally separate entity — Submission to arbitrate

State immunity — Jurisdictional immunity — State Immunity Act 1978 — Submission to jurisdiction under Section 2(1) of Act — Whether transaction commercial under Section 3(1) of Act — Submission to arbitration under Section 9(1) of Act — Immunity from enforcement — The law of England

Relationship of international law and municipal law — Treaties — Convention relating to the Status of Refugees, 1951 — Human rights law — Right to asylum — Exceptions — Commission of an international crime — Crimes against humanity — Whether complicity in an international crime impacting right to asylum — Duty of State to prove on balance of probabilities that an individual should be denied asylum — Whether decision to deny asylum lawful

International criminal law — Rome Statute of the International Criminal Court, 1998 — Article 7 — Crimes against humanity — Article 25 — Individual criminal responsibility — Article 28 — Command responsibility — Mens rea — Whether intent to make significant contribution to a group committing international crimes rendering an individual complicit in those acts — The law of England