Relationship of international law and municipal law — Conduct of foreign relations — Treaty-making power — United Kingdom — Whether exercise of treaty-making power subject to judicial review — Treaty on European Union, 1992 (“Maastricht Treaty”) — Extent to which Crown’s treaty-making power can be fettered by Parliament — European Communities Act 1972, Section 2(1) — European Parliamentary Elections Act 1978, Section 6 — European Communities (Amendment) Act 1993

Treaties — Effect in municipal law — Treaty on European Union, 1992 — Ratification by United Kingdom — Protocols — Whether ratification of Treaty automatically involving ratification of Protocols — Evidence from practice of other signatory States — European Communities (Amendment) Act 1993, Section 1(2)

Treaties — Conclusion and operation — Constitutional limitations — Treaty on European Union, 1992 — Protocol on social policy — Ratification by United Kingdom — Exclusion of applicability to United Kingdom by European Communities (Amendment) Act 1993, Section 1(2) — Possible indirect effect of Protocol under domestic law — Whether requiring parliamentary approval

Treaties — Conclusion and operation — Constitutional limitations — Treaty on European Union, 1992 — Extension of powers of European Community — Establishment of common foreign and security policy — Whether constituting abandonment or transfer of Crown’s prerogative powers — Whether requiring municipal legislation

International organizations — EEC — Powers — Institutions — Extension of powers by treaty — Treaty on European Union, 1992 — Protocol on social policy — Common foreign and security policy — The law of England

Relationship of international law and municipal law — Conduct of foreign relations — Treaty-making power France — French Constitution, Article 54 — Constitutional review of exercise of treaty-making power — Treaty on European Union, 1992 (“Maastricht Treaty”) — Compatibility with French Constitution following enactment of Constitutional Amendment Law of 25 June 1992 — Negative vote on Treaty in popular referendum in Denmark — Whether affecting ratification procedure in other signatory States — Whether Constitutional Council should obtain opinion of experts or Community institutions concerning legal position

Treaties — Conclusion and operation — Constitutional limitations — Accession of France to Treaty on European Union, 1992 — Extension of powers of European Community — Compatibility with French Constitution — Extent of special constitutional amendments required prior to ratification

Treaties — Ratification — Multilateral treaties — Failure of one signatory State to ratify Treaty — Whether affecting ratification procedure in other signatory States — Whether a matter for constitutional law or public international law — The law of France

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Supremacy of Community law — Whether constituting an unwritten rule of Community law — Conflict between Community legislation and subsequent national law — Whether national courts under duty not to apply conflicting national provision

Treaties — Conclusion and operation — Constitutional limitations — EEC Treaty, 1957 — Scope of permissible transfer of sovereignty to Community institutions — Basic Law of Federal Republic, Article 24 (1) — Whether applicability of Community secondary legislation subject to national constitutional review

Treaties — Effect in municipal law — EEC Treaty, 1957 — Legislation enacted by EEC institutions — Status under municipal law — Directives — Conditions for direct effect — Failure of Member State to implement directive by specified time — Whether directive may be relied upon by individuals before national courts — Council Directive 76/207 — Requirement of equality of treatment in employment conditions

International organizations — European Economic Community — Institutions — Court of Justice — Effect of decisions in municipal legal order of Member States — Whether automatically rendering inadmissible reference to national Constitutional Court in same matter — The law of the Federal Republic of Germany

Relationship of international law and municipal law — Conduct of foreign relations — Treaty-making power — Federal Republic of Germany — Constitutional review of exercise of treaty-making power — Treaty on European Union, 1992 (“Maastricht Treaty”) — Compatibility with Basic Law of the Federal Republic of Germany

Treaties — Conclusion and operation — Constitutional limitations — Accession of Federal Republic of Germany to Treaty on European Union — Extension of powers of European Community — Compatibility with Basic Law of the Federal Republic following enactment of Law amending Basic Law of 28 December 1992 — Article 23(1) of Basic Law — Whether providing satisfactory constitutional basis for accession of Federal Republic to Maastricht Treaty — Whether Federal Constitutional Court should obtain opinion of experts or Community institutions concerning interpretation of Treaty — Whether fundamental principle of democratic legitimacy in Federal Republic undermined by membership of European Union — Whether such membership violating Articles 20, 38 and 79(3) of Basic Law — Whether such membership irreversible — Scope of permissible transfer of sovereignty to Community institutions — Requirement that living democracy must be preserved in Member States during process of European integration — Condition that national parliaments should retain substantial level of authority — Whether acts of Community institutions are subject to national constitutional review to ensure that their powers are not exceeded

International organizations — European Community — Powers — Extension of powers by treaty — Treaty on European Union, 1992 — Legal basis for extension of powers — Whether European Community developing into political union without clearly restricted powers — Distinction between pooling of sovereignty in economic sphere and inter-governmental co-operation in other spheres — Article A of Treaty — Principle of limited specific attribution of powers to Community institutions — Article F(3) of Treaty — Whether granting Union competence to determine or extend its own powers — Effect of principle of subsidiarity — Establishment of common monetary and exchange rate policy — Whether automatically leading towards monetary union beyond control of Member States — Legal effect of target dates for achievement of monetary union — Requirement that extension of Community powers to be accompanied by enhancement of democratic foundations of Community institutions — Requirement that Union should respect national identities and existing democratic principles of Member States — Preamble and Article F(1) of Treaty

Human rights — Procedure for enforcement — Fundamental rights under Basic Law of Federal Republic of Germany — Treaty on European Union, 1992 and secondary legislation — Possible conflict with fundamental rights under Basic Law — Primary role of Court of Justice of European Community in ensuring respect for fundamental rights — Whether Federal Constitutional Court retaining ultimate right to secure compatibility of Community legislation with fundamental constitutional rights

International organizations — European Community — Institutions — Court of Justice — Power — Treaty on European Union, Article L — Exclusion of jurisdiction of Court over certain provisions of Treaty — Whether affecting general jurisdiction of Court to interpret provisions of Community treaties

International organizations — European Community — Institutions — European Parliament — Position within institutional structure of European Union — Role of ensuring democratic legitimacy for Union — Whether any need for enhancement of powers — Significance of method of election by citizens of Member State — The law of the Federal Republic of Germany

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Supremacy of Community law — Conflict between Community legislation and subsequent national law — Whether ordinary courts under automatic duty not to apply conflicting national provision — Principle that full effectiveness of Community law must be ensured — Nature of legal order established by Treaty — Basis for binding nature of Community law — Spanish Constitution, Article 93 — Whether Community law endowed with constitutional rank and force

Treaties — Effect in municipal law — EEC Treaty, 1957 — Incorporation of Community law into national legal order — Spanish Constitution, Article 96 — “Infra-constitutional” nature of Community law — Constitutional challenge to national legislation on the basis of violation of Community law — Whether Constitutional challenge on such basis is admissible — Whether conformity with Community legislation constituting yardstick by which to judge constitutionality of national provisions — The law of Spain

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Fundamental rights under national Constitution — Whether proceedings may be instituted before Constitutional Court alleging unconstitutionality of acts of European Community institutions

Human rights — Procedure for enforcement — Fundamental rights under Spanish Constitution, Articles 14 to 30 — EEC Treaty, 1957 and secondary legislation — Possible conflict with fundamental rights under Constitution — Whether acts of Community institutions subject to constitutional review to establish compatibility with fundamental constitutional rights — The law of Spain

Relationship of international law and municipal law — Conduct of foreign relations — Treaty-making power — Spain — Spanish Constitution, Article 95 — Constitutional review of exercise of treaty-making power — Treaty on European Union, 1992 (“Maastricht Treaty”) — Compatibility with Spanish Constitution

Treaties — Conclusion and operation — Constitutional limitations — Accession of Spain to Treaty on European Union, 1992 — Extension of powers of European Community — Compatibility with Spanish Constitution — Whether special constitutional amendment required prior to ratification — Establishment of right to stand as a candidate in municipal elections for persons resident in one Member State who are nationals of another Member State — Whether violating Article 13(2) of Constitution — Whether constituting an infringement of national sovereignty — Scope of permissible transfer of sovereignty to Community institutions — Article 93 of Constitution — Distinction between transfer of powers to institutions and extension of personal rights

Aliens — Acquisition of citizenship — European Community — Establishment of citizenship of European Union — Effect on nationals of one Member State resident in another Member State — Entitlement of such persons to vote and stand as candidates in municipal elections — The law of Spain

Human rights — Inhuman and degrading treatment or punishment — Death penalty — Whether constituting inhuman or degrading treatment or punishment — European Convention on Human Rights, 1950, Articles 2(1) and 3 — Protocol VI to the Convention — Circumstances in which penalty imposed — Delay in execution — “Death row” phenomenon — Whether constituting a violation of Article 3

Human rights — Scope of human rights treaty — European Convention on Human Rights, 1950 — Extradition proceedings — Whether State responsible under Convention if it extradites fugitive for treatment in requesting State — Threat of death sentence in requesting State — Right to fair trial

Extradition — Capital offences — Offence carrying death penalty in requesting State but not in requested State — United Kingdom-United States Extradition Treaty, 1972 — Right of requested State to seek assurance that death penalty will not be imposed

Human rights — Fair trial — Right to have witnesses examined — Conduct of trial — Delay — Appeal taking nearly two years — Delay of nearly four years between decision of the Court of Appeal and written statement of reasons for decision — Inhuman or degrading treatment — Death penalty — “Death row” phenomenon — Prolonged judicial proceedings for men under sentence of death — Whether constituting inhuman or degrading treatment — Stay of execution not notified to convicted persons until shortly before execution due to take place — International Covenant on Civil and Political Rights, 1966, Articles 7 and 14

International tribunals — Procedure — United Nations Human Rights Committee — Interim measures of protection — Request that execution not be carried out — Exhaustion of domestic remedies — Whether requirement to pursue appeal with little chance of success

Human rights — Inhuman and degrading treatment or punishment — Death penalty — Murder — Prolonged delay between sentence and execution — “Death row” phenomenon — Section 17(2) of Jamaican Constitution, 1962 — Whether to be construed narrowly — Recourse of applicants to available appellate procedures — Whether reasonable — Failure of Jamaican system — Whether delay amounting to inhuman or degrading punishment or other treatment contrary to Section 17(1) of Jamaican Constitution, 1962 — The law of Jamaica

Human rights — Fair trial — Adequate time and facilities to prepare defence — Judge’s directions to the jury — Right to represent oneself — Right to appeal — Right to life — Death penalty — “Death row” phenomenon — International Covenant on Civil and Political Rights, 1966, Articles 6, 7 and 14

International tribunals — Competence — Procedure — United Nations Human Rights Committee — Optional Protocol to the International Covenant on Civil and Political Rights — Communication alleging violation of Covenant — Exhaustion of domestic remedies — Burden of proof

Extradition — Capital offences — Offence carrying death penalty in requesting State but not in requested State — Right of requested State to seek assurance that death penalty will not be imposed — Canada-United States Extradition Treaty, 1976, Article 6 — Decision by Canada to extradite fugitive without seeking assurances that death penalty would not be imposed — Whether contrary to Canadian Charter of Rights and Freedoms — Whether extradition to face death penalty constituting cruel and unusual treatment — Whether violating right to liberty and security of person

Human rights — Inhuman and degrading treatment or punishment — Death penalty — Whether constituting inhuman or degrading treatment or punishment — Concepts of fundamental justice — International human rights agreements — Whether prohibiting the death penalty — Whether international trend towards prohibition — The law of Canada

Extradition — Capital offences — Offence carrying death penalty in requesting State but not in requested State — Right of requested State to seek assurance that death penalty will not be imposed — Canada-United States Extradition Treaty, 1976, Article 6 — Decision by Canada to extradite fugitive without seeking assurances that death penalty would not be imposed — Whether contrary to International Covenant on Civil and Political Rights, 1966

Human rights — Right to life — Inhuman and degrading treatment or punishment — Death penalty — Whether contrary to Article 6, International Covenant on Civil and Political Rights, 1966 — Article 6(2) — Application to State which has abolished death penalty — Article 7 — Whether execution by lethal injection constituting inhuman or degrading treatment or punishment

Human rights — Scope of human rights treaty — International Covenant on Civil and Political Rights, 1966 — Extradition proceedings — Whether State responsible under Covenant if it extradites fugitive for treatment of fugitive in requesting State — Threat of death sentence in requesting State — Requesting State not party to the Covenant — Whether extraditing State required to seek assurances that defendant will not be executed

Extradition — Capital offences — Offence carrying death penalty in requesting State but not in requested State — Right of requested State to seek assurances that death penalty will not be imposed — Canada-United States Extradition Treaty, 1976, Article 6 — Decision by Canada to extradite fugitive without seeking assurances that death penalty would not be imposed — Whether contrary to Canadian Charter of Rights and Freedoms — Whether extradition to face death penalty constituting cruel and unusual treatment — Whether violating right to liberty and security of person

Human rights — Inhuman and degrading treatment or punishment — Death penalty — Whether constituting inhuman or degrading treatment or punishment — Concepts of fundamental justice — International human rights agreements — Whether prohibiting the death penalty — Whether international trend towards prohibition — The law of Canada

Extradition — Capital offences — Offence carrying death penalty in requesting State but not in requested State — Right of requested State to seek assurance that death penalty will not be imposed — Canada-United States Extradition Treaty, 1976, Article 6 — Decision by Canada to extradite fugitive without seeking assurances that death penalty would not be imposed — Whether contrary to International Covenant on Civil and Political Rights, 1966

Human rights — Right to life — Inhuman and degrading treatment or punishment — Death penalty — Whether contrary to Article 6, International Covenant on Civil and Political Rights, 1966 — Article 6(2) — Application to State which has abolished death penalty — Article 7 — Whether execution by asphyxiation in gas chamber constituting inhuman or degrading treatment or punishment

Human rights — Scope of human rights treaty — International Covenant on Civil and Political Rights, 1966 — Extradition proceedings — Whether State responsible under Covenant if it extradites fugitive for treatment of fugitive in requesting State — Threat of death sentence in requesting State — Requesting State not party to the Covenant — Whether extraditing State required to seek assurances that defendant will not be executed — Whether fugitive a victim of a violation of the Covenant

War and armed conflict — War crimes and crimes against humanity — Trial by municipal court — State of mind of accused — Whether accused required to have knowledge that acts or omissions concerned constituted war crimes or crimes against humanity — Defence of obedience to superior orders — National legislation conferring jurisdiction to try charges of war crimes and crimes against humanity — Canada — Alleged offences committed outside Canada during World War Two — Legislation deeming offences to have been committed inside Canada, provided that they constituted war crimes or crimes against humanity

Jurisdiction — Universal — Crimes against international law — War crimes — Crimes against humanity — Canadian legislation extending jurisdiction of Canadian courts to war crimes committed outside Canada during World War Two — International and domestic elements of offence — Roles of judge and jury — Question whether acts or omissions concerned constituted war crimes or crimes against humanity — Whether question of law for judge or question of fact for jury

Relationship of international law and municipal law — War crimes and crimes against humanity — Trial for war crimes and crimes against humanity in Canada — Canadian legislation giving jurisdiction to Canadian courts to try defendants for acts or omissions occurring outside Canada — Acts or omissions deemed to have occurred within Canada, provided that they constituted war crimes or crimes against humanity — Defendant charged under Canadian Criminal Code in respect of acts and omissions occurring outside Canada during World War Two — Whether those acts or omissions constituted war crimes or crimes against humanity under international law — Whether matter for judge or jury — The law of Canada