Diplomatic relations — Immunity — Former head of mission — Acts performed in the exercise of diplomatic functions — Whether immunity subsists after functions have terminated — Vienna Convention on Diplomatic Relations, 1961, Article 39(2) — Immunity from criminal jurisdiction — Whether commission of particularly serious crime may preclude reliance on diplomatic immunity — Whether State may take preventative measures against abuses of diplomatic immunity — Whether criminal prosecution constitutes preventative measure

Diplomatic relations — Immunity — Territorial scope — Whether immunity has erga omnes effect in third States or is only applicable in receiving State — Whether this question is regulated by treaty or customary international law — Agrément (consent) as basis of immunity — Vienna Convention on Diplomatic Relations, 1961, Article 4 — Exception for diplomats in transit — Article 40 of Convention

State immunity — Jurisdiction — Whether war crimes, crimes against humanity or other crimes against international law may preclude State official from relying on State immunity — Significance of Article 7 of Charter of International Military Tribunal, 1945 — Whether violation of jus cogens might preclude reliance on immunity — Whether any distinction between diplomatic and State immunity in this regard

State succession — Union of States — German reunification — Demise of German Democratic Republic with accesssion of its Länder to Federal Republic of Germany — Effect on treaties of German Democratic Republic with third States — Unification Treaty, 1990, Article 12 — Effect of reunification on diplomatic relations of German Democratic Republic with third States — Whether accreditations expiring or taken over by Federal Republic — Continuity of the law — Criminal law — Prosecution of former head of foreign mission in German Democratic Republic for acts committed against Federal Republic — Whether permissible following absorption of German Democratic Republic into Federal Republic — Whether any rule of customary international law governing the position

Jurisdiction — Territorial — Criminal jurisdiction — Offences committed in West Berlin prior to German reunification in 1990 — Whether committed within the territory of the Federal Republic of Germany — The law of the Federal Republic of Germany

Territory — Conquest — Non-recognition — Annexation of Lithuania to Soviet Union — Soviet Union introducing new laws and Constitution in Lithuania — Subsequent nationalization of property, banks and large-scale industry

State succession — Continuity of States — Re-emergence of State — Lithuania — End of annexation by Soviet Union — Lithuania regaining independence — Supreme Council of Lithuania adopting Act of 11 March 1990 on the Restoration of the Independent State of Lithuania — Territory of Lithuania integral and indivisible — Act of 11 March 1990 on the Reinstatement of 12 May 1938 Constitution — Annulment of all laws introduced by Soviet Union — No re-establishment of laws in effect prior to 15 June 1940 — Validity of Chapter 8 of 1938 Constitution “National Economy” remaining — Provisional Basic Law of the Republic of Lithuania — Restitution of right to private ownership — Whether private or State ownership of property — Whether property to be restored to former owners according to prescribed laws — Whether any public interest — Whether fair compensation appropriate

Human rights — Property rights — Right to private ownership of property — Right not to be arbitrarily deprived of property — Right enshrined in international legal instruments — Nationalization of property in Lithuania upon its annexation by Soviet Union in 1940 — Restoration of independence in Lithuania in 1990 — Right of private ownership reinstated — Whether property in Lithuania belonging to State or former landowners — Law of 18 June 1991 on the Procedure and Conditions of the Restoration of the Rights of Ownership to the Existing Real Property (the “Restoration Law”) — Amended on 15 July 1993 (“law in dispute”) — Whether provisions complying with Constitution of Lithuania — Whether parts of item 3 of law in dispute amending Parts 5 and 6 of the Restoration Law contradicting Constitution of Lithuania — Whether items 14, 15, 16, 17, 18 and 19 of law in dispute by which Article 12 of the Restoration Law has been appended by items 10, 11, 12, 13, 14 and 15 complying with Constitution of Lithuania — The law of the Republic of Lithuania

Relationship of international law and municipal law — Treaties — Human rights — European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950 — Protocols Nos 1, 4 and 7 — Republic of Lithuania ratifying Convention and Protocols — International obligations of Republic of Lithuania — Requirement effectively to implement Convention — Constitution of Republic of Lithuania — Defining rights and freedoms to be guaranteed for individuals within jurisdiction of the Republic of Lithuania — Article 7 of Constitution rendering any law or legal act contradicting Constitution invalid — Whether Articles 4, 5, 9 and 14 of Convention contradicting Articles 48, 20, 26 and 29 of the Constitution — Whether Article 2 of Protocol No 4, 1963 contradicting Article 32 of Constitution — The law of the Republic of Lithuania

Human rights — Procedure — United Nations Human Rights Committee — Nature of Committee — Whether a “judicial authority” — International Covenant on Civil and Political Rights, 1966 — Whether State Party under an obligation to provide legal aid for petitioner to Human Rights Committee

Relationship of international law and municipal law — Treaties — International Covenant on Civil and Political Rights, 1966 — Effect in the law of New Zealand — Whether New Zealand authorities required to grant legal aid for petition to United Nations Human Rights Committee — The law of New Zealand