Air — Civil air transport — Regulation of tariffs — Procedure for setting of tariffs applicable to scheduled air services — Canada-Netherlands Air Transport Agreement, 1974

Relationship of international law and municipal law — Treaties — Effect in municipal law — Whether conferring rights enforceable by individuals — Canada-Netherlands Air Transport Agreement, 1974, Article XII

Treaties — Operation and enforcement — Executive decision taken in violation of treaty — Judicial review of executive decision — Interpretation — Principles of interpretation — Ordinary meaning — Subsequent practice — Relevance of subsequent practice of parties if in conflict with treaty provisions — The law of the Netherlands

States — Conduct of foreign relations — Treaty-making power — The Netherlands — Constitution of the Netherlands — Whether Constitution permitting judicial review of treaty-making powers

Environment — Wetlands — Protection of wildlife — Proposed construction of port in environmentally protected area — Adequacy of impact studies — Ramsar Convention on Wetlands of International Importance as Waterfowl Habitat, 1971 — EEC Council Directive on the Conservation of Wild Birds, 1979 — The law of the Netherlands

Relationship of international law and municipal law — Treaties — Whether creating rights and obligations for individuals — Constitution of the Netherlands, Articles 93 and 94 — Provisions allowing for direct effect of treaties — Scope

Human rights — Employment — Right to equal pay — International Covenant on Economic, Social and Cultural Rights, 1966, Article 7(a)(i) — Criteria for determining whether treaty provision creating rights for individuals

Treaties — Effect in municipal law — Direct effect of treaties — International Covenant on Economic, Social and Cultural Rights, 1966, Article 7(a)(i) — Whether having direct effect in national law — The law of the Netherlands

International organizations — International Tin Council — Rules of procedure — Requirement that Member States keep information pertaining to buffer stock operations confidential — Whether rules binding on delegates of Member States — Cessation of buffer stock operations — Whether rules of procedure concerning confidentiality still binding on Member States and their delegates

Economics, trade and finance — International commodity markets — Tin — International Tin Council — Buffer stock price stabilization programme — Requirement that Member States keep information regarding programme confidential — Cessation of programme — Whether Member States still prohibited from divulging information regarding programme

Relationship of international law and municipal law — Treaties — Binding nature of treaty obligations — Effect in municipal law — Sixth International Tin Agreement, 1982 — Rules of procedure promulgated pursuant to provisions of Tin Agreement — Rules governing functions of International Tin Council — Requirement that Member States keep information pertaining to Council’s buffer stock operations confidential — Cessation by Council of buffer stock operations — Subsequent action against Member State seeking information concerning buffer stock operations — Whether rules of procedure still binding on Member States — Significance of disclosure of information on States’ foreign relations — Whether foreign relations considerations taking precedence over need to disclose information in civil proceedings — The law of the Netherlands

Relationship of international law and municipal law — Treaties — Whether conferring rights and obligations on individuals — Constitution of the Netherlands, Article 93 — Provision allowing for direct effect of treaties — Scope

Human rights — Discrimination — Prohibition against — International Covenant on Civil and Political Rights, 1966 — Differentiation based upon objective and reasonable grounds not discriminatory — Allegation that municipal legislation governing payment of employment disability benefit discriminating against married women — Whether legislation violating Article 26 of Covenant — Scope of protection under Article 26 — Whether application of Article restricted to rights enshrined in Covenant Treaties — Effect in municipal law — Direct effect of treaties — International Covenant on Civil and Political Rights, 1966, Article 26 — Whether having direct effect in national law — The law of the Netherlands

Relationship of international law and municipal law — Human rights principles — Compatibility with national legislation — Constitution of the Netherlands — Whether permitting judicial review by reference to fundamental principles of law

Human rights — Fair trial — European Convention on Human Rights, 1950 Article 6(1) — Whether requiring national courts to review national legislation by reference to fundamental principles of law

Human rights — Discrimination — In the provision of education — Allegation that legislation withholding financial facilities from certain categories of students discriminatory — European Convention on Human Rights, 1950, Article 14 and Article 2 of First Protocol — International Covenant on Civil and Political Rights, 1966, Article 26

Relationship of international law and municipal law — Treaties — Whether conferring directly applicable rights and obligations on individuals — Constitution of the Netherlands, Article 93 — Provision allowing for direct effect of treaties — International Covenant on Economic, Social and Cultural Rights, 1966, Articles 2 and 3 — Requirement for signatories to enact implementing legislation — Whether Articles of Covenant having direct effect

Treaties — Interpretation — By municipal courts — Intention of contracting parties — Practice of parties at time of signing Treaty — Whether constituting evidence of intention of parties — European Convention Human Rights, 1950, Article 6(1) — Ordinary meaning of words — International Covenant on Economic, Social and Cultural Rights, 1966, Articles 2 and 13

Treaties — Effect in municipal law — Direct effect of treaties — International Covenant on Economic, Social and Cultural Rights, 1966, Articles 2 and 13 — Whether having a direct effect in municipal law — The law of the Netherlands

State succession — Treaties — Newly independent State — Ivory Coast — Whether new State bound by treaty concluded by imperial predecessor — Applicability of “clean slate” principle — Whether new State required to notify treaty depositary of adherence to treaty — Significance of declaration by new State to Secretary-General of the United Nations concerning adherence to treaty

Treaties — Conclusion and operation — Accession and adherence — Notification of adherence to treaty depositary — Newly independent State — Failure to notify treaty depositary of adherence to treaty concluded by former colonial power — Newly independent State not listed as party to treaty in official treaty collection of forum State — Significance — Statements by treaty depositary concerning adherence of newly independent State to treaty — Whether conclusive

Claims — Maritime claims — Whether claim for breach of contract constituting a maritime claim — International Convention Relating to the Arrest of Seagoing Ships, 1952, Article 1

Sources of international law — Customary international law — Provisions of Draft Convention concerning the Arrest of Seagoing Ships, 1985 — Whether constituting evidence of customary international law — The law of the Netherlands

Relationship of international law and municipal law — Treaties — Effect in municipal law — NATO Status of Forces Agreement, 1951, Article VIII(5) — Liability for injuries caused by members of foreign armed forces — Whether liability restricted to receiving State

State responsibility — Acts and omissions of State organs and officials — Foreign armed forces visiting country during NATO exercises — NATO Status of Forces Agreement, 1951 — Responsibility of receiving State for acts of foreign servicemen

Treaties — Interpretation — Object and purpose — Municipal law as an aid to interpretation — Explanatory memorandum to implementing legislation of treaty — The law of the Netherlands

Human rights — Enforcement — European Convention on Human Rights, 1950, Article 1 — Article extending rights and freedoms under Convention to all persons within “jurisdiction” of contracting States — Scope of “jurisdiction” — Whether including foreign serviceman stationed in contracting State — Whether including persons situated outside territory of contracting State

Jurisdiction — Territorial — Foreign armed forces — Criminal jurisdiction of receiving State — Concurrent jurisdiction of sending and receiving States — NATO Status of Forces Agreement, 1951, Article VII — Primary right of sending State to exercise jurisdiction — Crime committed by serviceman constituting capital offence in sending State — Imposition of death penalty by sending State violating obligations of receiving State under European Convention on Human Rights, 1950, Protocol No 6, Article 1 — Whether receiving State required to exercise jurisdiction over the offence — Whether receiving State required to ensure that sending State will not impose death penalty prior to release of serviceman into custody of sending State — Relevance of treaty practice of receiving State with regard to extradition

Treaties — Application — By municipal courts — Conflicting treaty obligations — Resolution of conflict by municipal courts — Obligations under NATO Status of Forces Agreement, 1951, Article VII — Conflict with obligations under European Convention on Human Rights, 1950, Protocol No 6, Article 1 — Whether European Convention taking precedence over NATO Status of Forces Agreement — Significance of whether Treaty possessing a direct effect in determining priority of treaty obligations

Treaties — Interpretation — Principles of interpretation — Object and purpose — Travaux préparatoires — Reference to decisions of the European Court of Human Rights — European Convention on Human Rights, 1950, Article 1

Human rights — Criminal penalty — Freedom from condemnation to death penalty — European Convention on Human Rights, 1950, Protocol No 6, Article 1 — The law of the Netherlands

Relationship of international law and municipal law — Treaties — Whether conferring rights and obligations on individuals — Constitution of the Netherlands, Article 93 — Provision allowing for direct effect of treaties — Scope

Human rights — Employment — Right to equal pay — International Covenant on Economic, Social and Cultural Rights, 1966, Article 7(a)(i) — Criteria for determining whether right directly applicable Treaties — Effect in municipal law — Direct effect of treaties — International Covenant on Economic, Social and Cultural Rights, 1966, Article 7(a)(i) — Whether having direct effect in municipal law — The law of the Netherlands

Human rights — Judicial guarantees — Habeas corpus — Whether writ of habeas corpus a non-derogable judicial guarantee — American Convention on Human Rights, 1969, Articles 25(1), 7(6) and 27(2)

Treaties — Interpretation — Good faith — Object and purpose of Treaty — American Convention on Human Rights, 1969, Article 27(2)

Human rights — Judicial guarantees — States of emergency — “Essential” and non-derogable judicial guarantees — Relationship between obligation to provide effective judicial remedies in accordance with due process rules and right to suspend judicial guarantees — American Convention on Human Rights, 1969, Articles 25, 8 and 27(2)

International tribunals — Inter-American Court of Human Rights — Jurisdiction — Advisory opinions — Whether State Party to American Convention on Human Rights may request advisory opinion

Human rights — Scope and meaning — American Declaration of the Rights and Duties of Man, 1948 — Whether defining human rights referred to in Charter of Organization of American States — American Convention on Human Rights, 1969, Article 64 — Whether Convention to be interpreted in light of human rights norms contained in American Declaration

International tribunals — Inter-American Court of Human Rights — Jurisdiction — Advisory opinions — Power to give advisory opinion on interpretation of American Declaration of Rights and Duties of Man

Sources of international law — American Declaration of the Rights and Duties of Man, 1948 — Juridical effect in Inter-American system of human rights — Interpretation of American Convention on Human Rights, 1969 — Subject to American Declaration

Treaties — Definition — Interpretation and meaning — American Declaration of the Rights and Duties of Man, 1948 — Whether a treaty — Vienna Convention on the Law of Treaties, 1969 — Vienna Convention on the Law of Treaties among States and International Organizations or among International Organizations, 1986 — Juridical effect of American Declaration — Whether Court lacking power to interpret American Declaration — American Convention on Human Rights, 1969, Article 64

Human rights — Access to court — Right to a hearing within a reasonable time in determination of civil rights — Proceedings lasting more than eight years — Cause of delay — Factual complexity of case and conduct of applicants contributing to delay — Principal delays attributable to conduct of domestic courts — Whether violation of right to determination of civil rights and obligations within reasonable time — European Convention on Human Rights, 1950, Article 6(1)

Damages — Human rights violations — Unreasonable delay in civil proceedings — Loss of opportunity — Increased costs due to delay — European Convention on Human Rights, 1950, Article 50

Human rights — Access to court — Right to a hearing within a reasonable time in determination of civil rights — Proceedings still pending after more than ten years — Initiative and power of advancing proceedings resting on parties — Cause of delay — Failure to obtain expert reports in timely manner — Expert supervised by judge — Principal delay attributable to court’s failure adequately to supervise its process — Whether violation of right to determination of civil rights and obligations within reasonable time — European Convention on Human Rights, 1950, Article 6(1)

State responsibility — For acts of the judiciary — Responsibility of judges to prepare cases for trial expeditiously and fairly — Expert reports — Whether delay in determination of civil rights due to delay in obtaining expert opinion — Whether attributable to State — European Convention on Human Rights, 1950, Article 6(1)

Damages — Human rights violations — Unreasonable delay in civil proceedings — Increased costs and expenses in domestic forums — Unidentified financial losses — European Convention on Human Rights, 1950, Article 50

Human rights — Access to court — Right to a hearing within a reasonable time — Criminal proceedings — Proceedings lasting more than thirteen years — Determination of relevant period according to date of acceptance of right of individual petition — Reasonableness of length of proceedings assessed according to particular circumstances — Excessive workload of national court — Temporary back-log of business — Whether delay justifiable — Whether a matter of structural organization — Effect of failure to take remedial action — European Convention on Human Rights, 1950, Article 6(1)

State responsibility — For acts of judiciary — Temporary backlog of cases — Whether a matter of structural organization — Failure to take timely remedial action — Whether engaging responsibility of State — European Convention on Human Rights, 1950, Article 6(1)

Damages — Human rights violations — Unreasonable delay in criminal proceedings — Loss of employment opportunity — Just satisfaction — Whether including award for retroactive instatement in employment — Power to order adoption of legislative measures — European Convention on Human Rights, 1950, Article 50

Human rights — Access to court — Right to a hearing within a reasonable time in determination of civil rights — Existence of dispute — Meaning of “civil right” — Proceedings at first instance still pending after more than six years — Duty of domestic court to ensure expeditious handling of cases — Delay principally attributable to State authorities — Complexity of case — Preliminary nature of proceedings taken — Whether delay justifiable — European Convention on Human Rights, 1950, Article 6(1)

State responsibility — For acts of judiciary — Code of Civil Procedure giving responsibility for progress of proceedings to parties — Whether absolving courts of responsibility to ensure expeditious progress of proceedings — Conduct of State counsel — Domestic legislation — Whether excluding responsibility of State for resultant delays in proceedings — European Convention on Human Rights, 1950, Article 6(1)

Damages — Human rights violation — Costs and expenses — Complexity of case — Whether justifying award of costs for two counsel — European Convention on Human Rights, 1950, Article 50

Human rights — Access to court — Right to a hearing within a reasonable time — Proceedings lasting more than eight years — Cause of delay — Principal delays attributable to conduct of domestic courts and public authorities involved in litigation process — Heavy workload of courts — Lack of available medical experts — Whether violation of right to determination of civil rights and obligations within a reasonable time — European Convention on Human Rights, 1950, Article 6(1)

Damages — Human rights violations — Unreasonable delay in civil proceedings — Loss of opportunity — Increased costs due to delay — European Convention on Human Rights, 1950, Article 50

State responsibility — For acts of the judiciary and other public bodies — Heavy workload of courts — Lack of available medical experts for public bodies — Whether engaging responsibility of State

Human rights — Access to court — Right to a hearing within a reasonable time — Proceedings lasting more than five years at first stage — Principal delays attributable to conduct of domestic courts — Whether justified in view of disruption to Spanish judicial system as a result of restoration of democracy — Whether temporary back-log of cases justifiable — European Convention on Human Rights, 1950, Article 6(1)

Damages — Human rights violations — Unreasonable delay in civil proceedings — Depreciation of judgment amount due to inflation — European Convention on Human Rights, 1950, Article 50

State responsibility — For acts of the judiciary — Temporary back-log of cases — Whether engaging responsibility of State

Human rights — Access to court — Right to hearing within a reasonable time — Proceedings lasting over seven years — Delay principally attributable to conduct of national authorities — Single period of over four years when no investigative measures taken — Back-log of cases — Whether temporary — Absence of remedial action — Whether a violation of right to hearing within a reasonable time — European Convention on Human Rights, 1950, Article 6(1)

Human rights — Right to fair trial — Investigative measures — Duty of national courts to assess usefulness — Application for appointment of medical expert in contentious proceedings — National courts refusing to appoint — Whether proceedings fair as a whole — European Convention on Human Rights, 1950, Article 6(1)

State responsibility — For acts of the judiciary — Back-log of cases — Failure to take remedial action — Whether engaging responsibility of State