Human rights — Access to court — Right to hearing within a reasonable time — Proceedings lasting more than nine years — Reasonableness of length of proceedings assessed according to particular circumstances — Complexity and large number of proceedings involving interaction between administrative and judicial proceedings — Whether court proceedings constituting effective review of administrative authorities — Whether length of proceedings a violation of right to hearing within a reasonable time — European Convention on Human Rights 1950, Article 6(1)

Human rights — Access to court — Right to hearing within a reasonable time — Case taking over seven years — Cause of delay — Two periods of judicial inactivity — Applicants' conduct of case contributing significantly to delay — Whether violation of right to hearing within reasonable time — European Convention on Human Rights 1950, Article 6(1)

Human rights — Right to family life — Access to child — Domestic courts refusing grant of access on basis of mother's objection — Domestic legislation requiring consideration of best interests of child — Whether right of parent to access outweighing interests of child — Whether refusal of access in accordance with law — Whether refusal of access on basis of mother's objection justifiable — European Convention on Human Rights, 1950, Article 8

Human rights — Right to determination of civil rights within a reasonable time — Judicial proceedings concerning arrangement for access to child lasting over 19 months — Whether length of proceedings unreasonable — European Convention on Human Rights, 1950, Article 6(1)

Human rights — Right to fair trial — Judicial proceedings relating to access to child — Expert report ordered by court — Report shown to applicant's counsel but applicant not provided with copy — Whether violating right to fair trial — European Convention on Human Rights 1950, Article 6(1)

Human rights — Torture and inhuman and degrading treatment or punishment — Father refused access to child — Whether inhuman treatment — Decision of national court taken in best interests of child — European Convention on Human Rights, 1950, Article 3

Human rights — Rights of the child — Right to family life — Divorce — Visiting rights for father — Concept of family — International Covenant on Civil and Political Rights, 1966

International tribunals — United Nations Human Rights Committee — Competence — Procedure — Optional Protocol to the International Covenant on Civil and Political Rights, 1966 — Communication alleging violations of Covenant — Standing — Concept of “victim” — Communication already examined by European Commission of Human Rights — Reservations to Optional Protocol

Human rights — Minority rights — Economic activity — Self-determination — Rights of indigenous populations - Concept of “people” — State responsibility — International Covenant on Civil and Political Rights, 1966

International Tribunals — United Nations Human Rights Committee — Competence — Procedure — Optional Protocol to the International Covenant on Civil and Political Rights, 1966 — Communication alleging violations of Covenant — Exhaustion of domestic remedies — Standing — Concept of “victim”

Human rights — Freedom of conscience — Military service — Disciplinary procedures — Review by higher military officer, not by a court — Inhuman or degrading treatment — International Covenant on Civil and Political Rights, 1966

International tribunals — United Nations Human Rights Committee — Procedure — Optional Protocol to International Covenant on Civil and Political Rights, 1966 — Communication alleging violations of Covenant — Exhaustion of domestic remedies

Human rights — Freedom of religion — Discrimination — Reasonable and objective criteria — Restrictions on the manifestation of religion — Principle of “reasonable accommodation” — International Covenant on Civil and Political Rights, 1966

International tribunals — United Nations Human Rights Committee — Procedure — Optional Protocol to the International Covenant on Civil and Political Rights, 1966 — Complaint alleging a violation of the Covenant

Human rights — Right to self-determination — Right to dispose of natural wealth and resources — Lands claimed by Indian band expropriated for commercial exploitation — Band claiming violation of right to self-determination — Whether claim admissible — Right to enjoy own culture — Historical inequities and recent developments threatening way of life and culture of Indian band — Whether violation of rights of individual members of band — International Covenant on Civil and Political Rights, 1966, Articles 1 and 27

International tribunals — United Nations Human Rights Committee — Competence — Standing — Chief claiming denial of right of self-determination on behalf of Indian band — Whether claim by “peoples” admissible — Whether facts establishing violation of individual rights — Right of individuals to bring claim as group — Optional Protocol to the International Covenant on Civil and Political Rights, 1966

Human rights — Right to take part in conduct of public affairs — Rights of indigenous peoples — Aboriginal group denied invitation to constitutional conferences dealing with aboriginal matters — Certain aboriginal organizations invited as representatives of all aboriginal groups — Invitees not necessarily fully representing interests of all aboriginal groups — Whether denial of invitation amounting to denial of right to take part in conduct of public affairs — International Covenant on Civil and Political Rights, 1966, Article 25(a)

Arbitration — Nature of arbitration — Arbitration Commission established by International Conference on the Former Yugoslavia — Terms of reference — Competence — Power to give advisory opinions — Status in law — Opinions not binding — Whether subsidiary means for the determination of international law

States — Creation — Date on which new State comes into existence — Dissolution of existing State — Whether successor States all coming into existence on the same date — Socialist Federal Republic of Yugoslavia — Process of dissolution — Dates of emergence of successor States — Whether different dates for the different States

State succession — Principles — Vienna Convention on State Succession in Respect of Treaties, 1978 — Vienna Convention on State Succession in Respect of State Property, Archives and Debts, 1983 — Whether reflecting customary international law — Date of succession of States

State succession — Principles — Vienna Convention on State Succession in Respect of Treaties, 1978 — Vienna Convention on State Succession in Respect of State Property, Archives and Debts, 1983 — Whether reflecting customary international law — Outcome of succession to be determined by agreement on equitable basis — Refusal of certain successor States to co-operate — Effects — Duty of States concluding agreement on succession — Possibility of counter-measures against States refusing to cooperate — Duties of third States in the event of decision by international organization regarding property on their territory

State succession — Principles — Vienna Convention on State Succession in Respect of Treaties, 1978 — Vienna Convention on State Succession in Respect of State Property, Archives and Debts, 1983 — Whether reflecting customary international law — Outcome of succession to be determined by agreement on equitable basis — Whether liability of one or more successor States to pay war damages to other successor States relevant to distribution of State property

State responsibility — War damages — Possibility of setting off amounts owed by way of war damages against assets distributed under the rules of State succession

State succession — Principles — Vienna Convention on State Succession in Respect of Treaties, 1978 — Vienna Convention on State Succession in Respect of State Property, Archives and Debts, 1983 — Whether reflecting customary international law — Outcome of succession to be determined by agreement on equitable basis — Principles applicable in cases of failure to agree — Immovable property situated in the territory of a successor State passing to that successor State — Whether compensation payable — What constitutes State property — Property belonging to constituent republic of State rather than to federation — Property of State labour organizations

State succession — Principles — Central bank — National Bank of Yugoslavia — Dissolution of Socialist Federal Republic of Yugoslavia — Whether National Bank of Yugoslavia still empowered to take decisions affecting property, rights and interests to be divided among successor States — National Bank one of the organs of the former Socialist Federal Republic — Succession to rights and obligations of the National Bank — Whether devolving upon central banks of successor States — Agreement between National Bank and international creditors of the Socialist Federal Republic of Yugoslavia