Arbitration — Successive arbitrations — Status of second arbitration tribunal — Second tribunal's jurisdiction confined to matters within the jurisdiction of the first tribunal — Whether second tribunal possessing independent status — Effect of award of second tribunal — Res judicata

Arbitration — Evidence — Maps — Reliability — Different uses which parties to arbitration made of maps — Other evidence before tribunal — Estoppel — Acquiescence

Arbitration — Procedure — Closing submissions of parties — Whether parties able to modify submissions — Use of expert by tribunal — Whether tribunal delegating power to expert — Finality of award — Party seeking revision of award on grounds of error — Powers of tribunal — Distinction between errors of fact and errors of law

International tribunals — Arbitration tribunal established by two States to determine boundary — Status — Procedure — Evidence

Lakes and landlocked seas — Lakes — Lake as part of international boundary — Water-parting — Use as boundary — Distinction between continental water-parting and local water-parting

Territory — Boundaries — Principles of delimitation — Use of orographical and hydrographical techniques — Maps — Relevance — Importance in showing State practice — Water-parting as boundary — Whether boundary could cross glacier — Effect of movement of glacier — Estoppel — Acquiescence — Administrative acts in disputed territory — Interpretation of earlier arbitration award — Effect of changed knowledge of location of water-parting since original award delivered — Argentine — Chile boundary

Human rights — Scope of protection within the European Community — Whether respect for human rights constituting a condition for the lawfulness of Community acts — Significance of the European Convention on Human Rights within the Community legal order

International tribunals — Court of Justice of the European Communities — Jurisdiction — EC Treaty, Articles 164 and 177 — Competence of Court to give preliminary rulings — Scope of competence — Jurisdiction of Court to ensure observance of fundamental rights by national courts — Whether limited to national legislation falling within the field of application of Community law — The law of the European Community

Relationship of international law and municipal law — Treaties — EC Treaty, 1957 — Supremacy of EC law over conflicting provisions of national law — Whether EC law taking precedence even over national constitutional provisions

Treaties — Successive treaty obligations — Existing treaty obligations — EC Treaty, Article 234 — Whether authorizing Member States to exercise rights in intra-Community relations under treaties concluded prior to the EC Treaty which conflict with Community obligations — European Convention on Establishment, 1955, Article 13 — Whether capable of constituting derogation from Article 48(4) of EC Treaty

Treaties — Derogations — Existing treaty obligations — EC Treaty, Article 233 — Scope of derogation permitted to members of Benelux Union from EC treaty rules — Benelux Treaty, 1958, Article 61 — Whether limiting scope of application of Article 48 of EC Treaty — Protocol to EC Treaty on Grand Duchy of Luxembourg, Article 2 — Scope of right of Grand Duchy to have its special demographic situation taken into account

Aliens — Freedom of movement of workers — EC rules — Scope of derogations — Employment in public service — Nationality requirement — Permissibility — EC Treaty, Article 48(4) — Scope of exception

International tribunals — Court of Justice of the European Communities — Jurisdiction — Actions against Member States for failure to fulfil treaty obligations — EC Treaty, 1957, Articles 169–71 — Finding of breach by Court of Justice of the European Communities — Whether Court empowered to grant period of grace for compliance with its judgments — The law of the European Community

Treaties — Application — Obligation of good faith — Duty not to defeat object and purpose of treaty prior to its entry into force — Whether constituting a rule of customary international law — Vienna Convention on the Law of Treaties, 1969, Article 18 — Whether binding on the European Community — Whether preventing adoption by the European Community of a measure contrary to international agreement concluded by the Community which has not yet entered into force — Principle of legitimate expectations under Community law — Whether corollary of principle of good faith under international law

Treaties — Effect in municipal law — Agreements between the European Community and third States — Direct effect of provisions — Conditions — European Economic Area Agreement, 1991 (“EEA Agreement”) — Article 10 — Whether containing unconditional and precise obligation

Treaties — Interpretation — EEA Agreement — Article 6 — Requirement that provisions identical in substance to EC Treaty provisions should be interpreted in conformity with previous case-law of the Court of Justice of the European Communities — Application to rules concerning free movement of goods — EC Treaty, Articles 9 and 12 — EEA Agreement, Article 10

International organizations — European Community — Legality of measures enacted by institutions — Application to Court of Justice of European Communities for annulment of regulation under Article 173 of EC Treaty — Whether legality to be assessed at date of adoption or date of entry into force of measure — Principle of legal certainty — Whether infringed by backdating of publication of regulation in official journal — The law of the European Community

International organizations — United Nations Food and Agriculture Organization (“FAO”) — Admission of European Community as Member Organization — Continued membership of FAO by Member States of the European Community — Amendments to Constitution and General Rules of FAO to accommodate membership of both the European Community and its Member States — Procedure for exercise of voting rights within FAO — Requirement of prior notification to FAO as to whether the European Community or its Member States will vote on a particular subject — Requirement of unity in the international representation of the European Community — Obligation of close co-operation between the Member States and Community institutions — Inter-institutional Arrangement between Council and Commission of the European Community concerning the exercise of their respective rights within FAO — Council decision giving Member States the right to vote on adoption of agreement on conservation of fishing resources — Whether constituting a breach of Arrangement

Treaties — Treaty-making power — European Community — Treaty-making powers of the Community and its Member States — Division of competence — Community possessing power to adopt internal legislation on a particular subject — Parallel power to conclude international agreements — Common fisheries policy — Conclusion of international agreement within FAO on conservation of fishing resources — Whether agreement falling within scope of common fisheries policy and therefore a matter for Community rather than Member State competence

International organizations — European Community — Legality of acts of institutions — Action for annulment brought by Commission under Article 173 of EC Treaty — Dispute between Commission and Council concerning exercise of voting rights within FAO on adoption of fisheries agreement — Council decision giving Member States rather than the Commission the right to vote on adoption of agreement — Whether decision having legal effects — Whether decision adopted by Committee of Permanent Representatives of Member States or Council itself — Whether decision infringing powers of the Commission or purely a matter of procedure or protocol — Whether decision of Council could be subject to annulment even after vote taken in FAO and adoption of fisheries agreement

Sea — Fisheries — Fishing vessels — Flagging of fishing vessels — European Community and Member State competence — Conservation

Economics, trade and finance — FAO — Membership and participation by European Community — Conclusion of fisheries agreement — Whether falling within scope of Community's common fisheries policy — The law of the European Community

International organizations — Immunity — Immunity from attachment — Protocol on the Privileges and Immunities of the European Communities, Article 1 — Attachment order issued against Commission of the European Community by national court — Whether violating provisions of Protocol — Conditions for lifting the immunity of the European Community — Authorization by the Court of Justice of the European Communities or express waiver by the Community institution concerned — Whether time-limit laid down by national law for immunity to be invoked is applicable to Community institutions — Waiver of immunity

International organizations — European Community — Non-contractual liability — Development aid to third States — Whether Community capable of incurring liability by reason of lawful payment of funds to third States under aid programme — Alleged failure by third State to transfer the relevant funds intended for payment of debt owed to private company under public works contract — Whether company entitled to claim damages against Community for failing to prevent misappropriation of funds — EC Treaty, Article 215

Economics, trade and finance — Development aid — European Community — International agreements with third States — First Lomé Convention, 1975 — Provisions relating to financial and technical cooperation — Procedure for awarding public contracts for works and supplies — Conclusion of contracts by beneficiary State — Whether Community capable of incurring liability for non-payment of debts to contractors, by reason of payment of funds to the State concerned — The law of the European Community

State immunity — Attachment and execution — Embassy bank account — Embassy employee seeking enforcement of judgment against foreign State for arrears of salary — Whether execution could be levied on embassy bank account — Effect on functioning of the mission — Whether general current bank account of foreign State used to cover embassy expenditure immune from execution — Bank account used in part for normal commercial expenditure — Burden of proof as to use of bank account — Whether foreign State required to provide evidence of use of funds in bank account

State immunity — Attachment and execution — Distinction from jurisdictional immunity — Whether restrictive theory of State immunity now recognized by customary international law for execution as well as jurisdiction — Distinction between assets allocated by foreign State for support of sovereign activities and those allocated for ordinary commercial activities — Spanish Constitution, Article 24(1) — Whether limiting recourse to immunity from execution — Whether individuals enjoy right to enforce judgment against assets of foreign State exclusively allocated for commercial activities — Whether any requirement that assets should be allocated for the same activity as that which has given rise to the dispute

Diplomatic relations — Immunity — Embassy bank account — Account in use for defraying running costs of embassy — Whether subject to execution in receiving State — Whether position governed by Vienna Convention on Diplomatic Relations, 1961, or rules of customary international law — The law of Spain

State immunity — Jurisdictional immunity — Employment dispute — Employee of foreign embassy — Claim for damages for non-payment of social security contributions — Whether foreign State entitled to invoke jurisdictional immunity — Whether jurisdiction of national courts dependent upon declaration of submission by foreign State — Whether restrictive theory of immunity to be applied in accordance with customary international law and practice

State succession — Contract — Employment claim — Embassy employee of former Soviet Union — Whether Russian Federation liable for obligations of former Soviet Union — The law of Argentina

State immunity — Jurisdictional immunity — Dispute concerning payment for services — Claim for payment — Whether foreign State entitled to jurisdictional immunity — Whether ordinary courts may exercise jurisdiction over claim — The law of Argentina

International organizations — Immunity — Death of soldier serving with United Nations forces — Claim for compensation brought by dependants — Whether sending State and United Nations entitled to jurisdictional immunity — Whether case falling within original jurisdiction of Supreme Court — Whether any distinction between jurisdictional immunity of foreign States and international organizations in this regard — The law of Argentina

International organizations — Immunity — Jurisdictional immunity — Dismissal of employee — Claim for damages for wrongful dismissal — France — International Institute of Refrigeration Headquarters Agreement, 1966, Article 12(1)(a) — Whether implicitly conferring jurisdictional immunity on Institute — The law of France

State immunity — Immunity from execution — State party to agreement containing ICSID arbitration clause — ICSID award in favour of private company — Award subject of enforcement proceedings in forum State — Whether foreign State immune from enforcement proceedings — ICSID Convention, 1965, Articles 53 and 54 — Whether excluding application of rules of municipal law on State immunity

Arbitration — Award — Recognition and enforcement — ICSID arbitral award — Award of compensation against State in favour of foreign company — Order granting recognition and enforcement of award — Whether order constituting measure of execution — Whether ICSID Convention constituting autonomous regime for recognition and enforcement excluding application of domestic law remedies — ICSID Convention, Articles 53 and 54

Arbitration — Parties — Enforcement proceedings — Appeal by State from order granting foreign company recognition and enforcement of ICSID arbitral award — Named respondents including liquidator and counsel of company — Counsel not having acted as liquidator or director of company — Whether counsel proper party to appeal — The law of France

State immunity — Jurisdictional immunity — State-owned corporation — National Iranian Gas Corporation — Claim by private company for contractual payment for gas pipeline protection system — Whether State-owned corporation entitled to jurisdictional immunity — Whether any material distinction between sovereign activity and performance of public service — The law of France

Jurisdiction — Claim by foreign State against former Head of State — Alleged misappropriation of public funds — Whether relating to exercise of sovereign power — Whether subject to jurisdiction of municipal courts — The law of France

State immunity — Jurisdictional immunity — Dispute concerning contract of employment — French national employed as security officer at United States Embassy — Whether ambassador enjoying jurisdictional immunity from proceedings instituted before municipal courts

Diplomatic relations — Immunity — Employment dispute — Claim against ambassador brought by embassy employee before municipal courts — Whether ambassador entitled to immunity — Vienna Convention on Diplomatic Relations, 1961, Article 31(1) — The law of France

State immunity — Attachment and execution — Debt owed to foreign State — France — Iran agreements for construction and financing of nuclear reactors and enriched uranium production facility — Loans made to French Atomic Energy Commission and other undertakings by Iran — Repudiation of construction agreements by Iran — Claim for compensation by French companies involved — Whether construction of nuclear reactors and enriched uranium production facility constituting commercial activity — Whether companies entitled to attach funds representing loan repayments due to Iran — Whether such funds to be regarded as allocated for commercial activity governed by private law — Absence of express contractual stipulation concerning funds — Guarantee of repayment by French State — Whether such guarantee could be regarded as allocated for an identical purpose to that of the loan and therefore having a commercial character

State responsibility — For debts — State corporations — Circumstances in which State may be liable for their debts — Test of whether corporation functionally identical with State and simply acting as its instrument — The law of France

State immunity — Jurisdictional immunity — State-controlled body — Kuwait News Agency — Dispute concerning contract of employment of journalist — Foreign national employed part-time — Whether State-controlled body entitled to invoke jurisdictional immunity — Relevance of fact that body endowed with legal personality and administering its own budget — Relevance of fact that journalist had no “special responsibilities” — The law of France

State immunity — Jurisdictional immunity — State-controlled body — Breach of contract resulting in default by private party under bank credit — Claim by private party for indemnity from foreign State for failure to prevent breach of contract by State-controlled body — Whether foreign State entitled to jurisdictional immunity — Whether foreign State acting as sovereign power — The law of France

State immunity — Immunity from jurisdiction — Foreign State — Embassy building — Sale and purchase of replacement — Appointment of agent — Revocation of mandate — Claim by agent for commission — Whether claim could be brought against foreign State before municipal courts — The law of France