Territory — Indigenous people — Endorois community in Kenya — Kenya forcibly removing Endorois from ancestral land to create game reserve — Endorois community seeking redress — Whether Endorois distinct community — Definition of indigenous peoples — Consideration of subsidiary sources of international law or general principles in determining rights under African Charter — Relevant criteria — Sacred relationship to land — Self-identification — African Charter on Human and Peoples’ Rights, 1981 recognizing rights of peoples — Indigenous rights — Whether Endorois having collective rights — Right to practise religion — Right to property — Right to culture — Right to free disposition of natural resources — Right to development — African Charter on Human and Peoples’ Rights, 1981, Articles 8, 14, 17, 21 and 22 — Whether Kenya violating African Charter by forcibly removing Endorois from ancestral lands without proper consultation and adequate compensation — African Commission’s recommendations

Human rights — Right to practise religion — Whether Endorois’ spiritual beliefs and ceremonial practices constituting a religion under African Charter and international law — Whether Kenya interfering with Endorois’ right to religious freedom by its actions or inactions — Whether Kenya violating Article 8 of African Charter on Human and Peoples’ Rights, 1981

Human rights — Right to property — Indigenous land rights — Whether land constituting property — Ownership of ancestral land — Whether special measures of protection appropriate — Whether Endorois land encroached upon by Kenya — Whether encroachment proportionate to public need and in compliance with national and international law — Whether adequate consultation and compensation — Whether Kenya violating Article 14 of African Charter on Human and Peoples’ Rights, 1981

Human rights — Right to culture — Requirement for State to protect and promote culture — Whether Kenya creating major threat to Endorois’ pastoralist way of life by displacement from ancestral land — Whether Kenya violating Article 17(2) and (3) of African Charter on Human and Peoples’ Rights, 1981

Human rights — Right to free disposition of natural resources — Ownership of natural resources — Consultation — Participation in benefits — Prior environmental and social impact assessments — Requirement of adequate compensation or restitution of land — Whether Kenya violating Article 21 of African Charter on Human and Peoples’ Rights, 1981

Human rights — Right to development — Whether Kenya providing adequately for Endorois in development process — Whether consultation adequate — Whether Endorois effectively participating — Whether adequate compensation — Whether Endorois accorded land of equal value — Whether Endorois having equitable share in benefits from game reserve — Whether Kenya violating Article 22 of African Charter on Human and Peoples’ Rights, 1981

Sea — Maritime zones — High seas — Exclusive economic zone — Territorial sea — Rights of coastal State and flag States — Pollution — United Nations Convention on the Law of the Sea, 1982 — International Convention on Maritime Pollution, 1973 and Protocol (MARPOL 73/78) — Whether coastal State entitled to impose standards higher than those of MARPOL 73/78 on ships of other flag States — Powers of European Community

Treaties — Parties — Effect of treaties upon non-parties — European Community — Treaties concluded by European Community — Treaties to which European Community not a party but which are binding on all Member States — Effect in Community law

Treaties — Interpretation — Principles of interpretation — Object and purpose of the treaty — Treaty as aid to interpretation of national law

Relationship of international law and municipal law — European Community law — Treaties concluded by Community — Whether part of Community legal order — Whether possessing primacy over Community legislation — Treaties binding Member States but not the Community — Whether validity of Community legislation can be assessed in light of treaty — Whether treaty confers rights upon individuals — Whether treaty precise and unconditional

International organizations — European Community — Nature of Community as a subject of international law — Whether Community obliged to act in accordance with international law — Whether Community’s powers to legislate limited by international treaty obligations of the Member States — The law of the European Community

State succession — Treaties — Human rights treaties — Dissolution of federation — Emergence of successor State — Serbia and Montenegro — Montenegro successor State — Montenegro bound by European Convention on Human Rights with retroactive effect

Human rights — Right to property — Requirement that State take positive steps to protect right to property — Judgment of national court requiring that Applicants be given possession of apartment — State failing to enforce judgment against resident

Damages — Equitable approach to compensation — Requirement that State take action within specified period or pay damages

Diplomatic relations — Diplomatic immunity — Vienna Convention on Diplomatic Relations, 1961 — Duty of diplomatic mission towards the rule of law in the receiving State — Respondent embassy of foreign State in Botswana — Whether capable of being sued — Diplomatic Immunities and Privileges Act — Whether immunity extending to private acts — Breach of employment contract — Whether justiciable

State immunity — Jurisdiction — Doctrine of restrictive immunity — Action for breach of contract of employment — Whether respondent entitled to immunity

Relationship of international law and municipal law — Vienna Convention on Diplomatic Relations, 1961 — Diplomatic Privileges and Immunities Act incorporating Articles 22 and 31 of Vienna Convention and relevant jurisprudence — Immunity not extending to private acts — Applicant’s action arising from breach of employment contract — Whether justiciable — The law of Botswana

State succession — Dissolution of State — Czech and Slovak Federal Republic — Succession to public service claims — Claim by former member of secret service of the Czechoslovak Socialist Republic against the Czech Republic — Whether Czech Republic a successor State or the continuation of the Czech and Slovak Federal Republic and the Czechoslovak Socialist Republic — Whether liable for claims in respect of unpaid salary — The law of the Czech Republic

Comity — Nature of international comity — Distinction between comity and customary international law — Comity based upon considerations of courtesy rather than obligation — Privileges and immunities accorded as a matter of comity rather than of law

Diplomatic relations — Diplomatic immunity — Diplomatic status — Possession of diplomatic passport not an indication of diplomatic status or of entitlement to privileges and immunities — Special Missions Convention — Vienna Convention on Diplomatic Relations, 1961 — Holder of diplomatic passport on private visit — Whether entitled to immunity from criminal jurisdiction

State immunity — Jurisdiction — Head of State — Immunities of Head of State — Monarchy — Members of ruling family — Cousin of the King — Whether entitled to immunity when on a private visit to foreign State — The law of the Czech Republic

State immunity — Jurisdiction — Functional nature of immunity — Restrictive theory — Employment matters — State sued in respect of the dismissal of embassy driver — Whether entitled to immunity — The law of the Czech Republic

State immunity — Immunity from jurisdiction and execution — Arbitration award — Enforcement against monies owed to respondent State — Doctrine of restrictive immunity — Whether part of law of the Hong Kong Special Administrative Region — People’s Republic of China resuming sovereignty over Hong Kong on 1 July 1997 — Hong Kong inalienable part of People’s Republic of China — Government of People’s Republic of China responsible for foreign affairs of Hong Kong under Article 13 of Basic Law — People’s Republic of China adhering to doctrine of absolute immunity — Democratic Republic of Congo submitting to arbitration — Whether Democratic Republic of Congo waiving right to State immunity

Relationship of international law and municipal law — Restrictive immunity doctrine — Whether part of customary international law — Whether widespread practice and belief to be legally obligatory — Whether part of common law by incorporation — Whether conflicting with municipal law — The law of Hong Kong Special Administrative Region

Environment — Pollution — Disposal of waste matter — Township development — Discharge of sewage into River Kiserian — Public Health Act — Water Act 2002 — Responsibility for sewage treatment works — Section 3 of Environment Management and Co-ordination Act 1999 — Right to a clean environment — Relevant universal principles — Sustainable development — Precautionary principle — Polluter pays principle — Public trust — Intergenerational equity principle — Whether township development ecologically sustainable — Requirement of solutions to avert serious environmental damage

Human rights — Right to life — Section 71 of Constitution of Kenya — Right to life in environmental context — International environmental instruments — Right to clean environment — Section 3 of Environment Management and Co-ordination Act 1999 — Balance of rights — Economic benefits of development — Rights of Kiserian town developers — Rights of downstream users of Kiserian River — Rights of future generations — Sustainable development

Relationship of international law and municipal law — Customary international law — Section 3 of Environment Management and Co-ordination Act 1999 — Universal principles — Sustainable development — Precautionary principle — Polluter pays principle — Public trust — Rio Declaration on Environment and Development 1992 — The law of Kenya

Human rights — Fundamental rights and freedoms — Rights of minorities — Right of representation — Right of expression — Freedom of conscience — Constitution of Kenya, Sections 1A, 78, 79 — Whether Il Chamus indigenous people — Whether distinct minority group or part of clan — Whether Kenyan Government violating applicants’ fundamental rights — Minorities and indigenous people — Definition — Whether encompassing non-citizens — Recognition and protection of rights of indigenous peoples in international instruments — International Covenant on Civil and Political Rights, 1966, Article 27 — UN Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities 1992 — International Labour Organization Convention concerning Indigenous and Tribal Peoples in Independent Countries, 1989, Articles 3, 7, 61(b) — African Charter on Human and Peoples’ Rights, 1981, Articles 19 and 22 — Constitution of Kenya — Interpretation — Democracy — Participation of minorities — Constitutional responsibility of Electoral Commission of Kenya — Whether Il Chamus having claim to representation under Sections 33 and 42 of Constitution of Kenya

Relationship of international law and municipal law — Treaties — Treaties and other international instruments relating to the status and treatment of minorities — Whether forming part of the law of Kenya — Whether to be taken into account by Kenyan courts in applying Kenyan law regarding minorities — The law of Kenya

Human rights — Right to life — Death penalty — Right to jury trial — Constitution of Russian Federation, Article 20 — Provision for imposition of death penalty until abolition as exceptional form of punishment if right to jury trial — Constitutional Court Resolution No 3-P of 2 February 1999 — Requirement of right to trial by jury in every region of Russian Federation before death penalty applicable — Supreme Court seeking clarification of Resolution No 3-P — Whether Resolution No 3-P allowing for application of death penalty where conviction by jury trial — Russian Federation member of Council of Europe — Russian Federation signing but not ratifying Protocol No 6 to 1950 European Convention on Human Rights, 1983 — Legal effect — Vienna Convention on the Law of Treaties, 1969, Article 18 — Whether Russian Federation violating international legal obligations — Judicial practice — Moratorium on application of death penalty — Effect

Treaties — Application and effect — Protocol No 6 to 1950 Convention for the Protection of Human Rights and Fundamental Freedoms, 1983 — Protocol No 6 signed but not ratified by Russian Federation — Legal effect — Vienna Convention on the Law of Treaties, 1969, Article 18 — International legal obligations undertaken by Russian Federation — Obligation not to deprive Protocol No 6 of its object and purpose under Article 18 of Vienna Convention — Whether State as whole having obligation — Principles of separation of powers, and co-ordinated functioning and interaction — Constitution of Russian Federation, Articles 10 and 80(2)

Relationship of international law and municipal law — Protocol No 6 to 1950 Convention for the Protection of Human Rights and Fundamental Freedoms, 1983 — Russian Federation signing but not ratifying Protocol No 6 — Legal effect — Vienna Convention on the Law of Treaties, 1969, Article 18 — Obligation on State not to deprive Protocol No 6 of its object and purpose — Russian courts rendering death sentences after Russia joining Council of Europe and signing Protocol No 6 — Substitution of death sentences with lesser punishments — Compliance of Constitutional Court Resolution No 3-P of 2 February 1999 — Judicial practice — Moratorium on application of death penalty — Constitutional legal regime — Whether Russian Federation violating Constitution or international legal obligations

International organizations — Council of Europe — Member States — Obligations of Russian Federation as Member State — Nature of obligations — Whether application of death penalty incompatible with obligations — The law of the Russian Federation