International Court of Justice — Provisional measures of protection — Requirement of prima facie basis for jurisdiction on the merits — Whether Court possessing compulsory jurisdiction — Vienna Convention on Consular Relations, 1963 — Article I of the Optional Protocol concerning the Compulsory Settlement of Disputes, 1963 — Criteria for indicating measures — Risk of irreparable damage to rights — Urgency — Whether grave and exceptional circumstances requiring Court to indicate measures for a stay of execution — Statute of the International Court of Justice, Article 41

Consular relations — Right of access to consul for person arrested — Paraguayan national sentenced to death by court in United States of America — Vienna Convention on Consular Relations, 1963 — Article 36(1) (b) — Failure of arresting authorities to inform of right to contact Paraguayan consulate — Effect of non-notification — Whether United States of America violating its international legal obligations with respect to Vienna Convention — Whether Paraguay entitled to remedy restitutio in integrum under Vienna Convention

Consular relations — Vienna Convention on Consular Relations, 1963 — Article 36(1)(b) — Paraguayan citizen sentenced to death by United States court — Failure of United States authorities to inform him of right to contact Paraguayan consulate — Alleged treaty violation by United States of America — “Vienna Convention claim” — Relevance of claim in federal habeas corpus relief — Failure to raise claim before State court — Whether amounting to procedural default — Paraguayan citizen and Paraguay petitioning United States Supreme Court for certiorari and applying for stay of execution

Relationship of international law and municipal law — Treaties — Vienna Convention on Consular Relations, 1963, in force since 1969 — Procedural rules of forum State governing implementation of treaty in that State under international law — Rule requiring development of factual basis for claim in State court proceedings — Anti-terrorism and Effective Death Penalty Act 1996 — Status of treaties according to the United States Constitution — Status of Act of Congress — Whether Act subsequent to treaty prevailing in event of conflict

International Court of Justice — Paraguay instituting proceedings against United States of America — Indication of provisional measures — Merits phase pending — Relevance of International Court of Justice's interpretation of Vienna Convention on Consular Relations, 1963 — Response of United States court — Obligation to act on basis of law — Role of Executive — Governor of Virginia having prerogative to opt for stay of execution in order to await judgment of International Court of Justice — The law of the United States of America

International Court of Justice — Provisional measures of protection — Requirement of prima facie basis for jurisdiction — Criteria for indication of provisional measures — Risk of irreparable damage to rights — Urgency — Whether Court entitled to grant measures without hearing in case of extreme urgency — Death penalty case — Measures granted against federal State regarding acts to be taken by constituent State of federation

Consular relations — Right of access to consul — Vienna Convention on Consular Relations, 1963, Article 36 — Optional Protocol — German national sentenced to death in the United States of America — Failure to inform of right of access to consul — Whether violation of Article 36 — Whether violation invalidating death sentence

Consular relations — Right of access to consul — Vienna Convention on Consular Relations, 1963, Article 36 — Optional Protocol — German national sentenced to death in the United States of America — Failure to inform of right of access to consul — Whether violation of Article 36 — Whether violation invalidating death sentence

Relationship of international law and municipal law — Order of International Court of Justice — Provisional measures of protection — International Court granting measures indicating that United States of America should not proceed with execution — United States Government under obligation to transmit Order to Governor of State where execution to take place — Effect in United States law — The law of the United States of America

Human rights — Treaties — American Convention on Human Rights, 1969 — Right to personal liberty — Right to a fair trial — Right to humane treatment — Right to judicial protection — Whether Ecuador violating Articles 7, 8, 5 and 25 of Convention — Whether Ecuador acting in violation of its domestic laws — Whether urgent measures necessary to protect physical and moral integrity of victim and his family

Relationship of international law and municipal law — Treaties — American Convention on Human Rights, 1969 — Ecuador State Party to Convention — Article 1 of Convention obliging Ecuador to respect rights in Convention — Whether Ecuador breaching Article 2 of Convention in failing to give domestic legal effect to Convention rights — Ecuadorean municipal laws — Ecuadorean Political Constitution — Ecuadorean Criminal Code — Ecuadorean Law on Narcotic Drugs and Psychotropic Substances — Article 114 bis of Criminal Code disapplying its provisions to persons charged under Law on Narcotic Drugs and Psychotropic Substances — Whether violating Article 2 of Convention

Relationship of international law and municipal law — Reparations — Applicable law — American Convention on Human Rights, 1969, Article 63(1) — International law governing scope, nature, modality and determination of beneficiaries of reparations — Whether subject to alteration by municipal law — Whether new Ecuadorean law constituting appropriate measure to fulfil judgment on the Merits

International tribunals — Role of Inter-American Court of Human Rights — Ecuador requesting dismissal of petition — Seriousness of crime of drug-trafficking — Whether impairing peace and security of State and health of its population — Admissibility of request — Inter-American Court of Human Rights not usurping role of domestic courts — Ecuador's criminal tribunals to decide on individual's responsibility for crimes — Innocence or guilt of victim unrelated to merits of present case — Whether Ecuador having international responsibility for violations of Convention — American Convention on Human Rights, 1969

State responsibility — Imputability — Human rights violation — Whether State responsible — Whether unlawful act imputable to State — Whether State having duty to make reparations

Damages — For human rights violations — Whether Ecuador having duty to make proper reparation — Entitlement to fair compensation — Compensatory damages — Pecuniary damages — Moral damages — Whether apology from Ecuador necessary — Ecuador having duty to repair consequences of violations — Costs and expenses — Mode of compliance — American Convention on Human Rights, 1969, Article 63(1)

Human rights — Access to court — European Convention on Human Rights, 1950, Article 6(1) — Defendant international organization possessing immunity from jurisdiction — Whether grant of immunity compatible with Article 6(1) — Legitimate aim — Proportionality — Availability of alternative remedy

International organizations — Immunities and privileges — European Space Agency — Immunity from jurisdiction of German courts in labour dispute — Purpose of immunity — Whether immunity compatible with right of access to court under Article 6(1) of the European Convention on Human Rights

Human rights — Discrimination — Civilian service alternative for conscientious objectors — Required period of civilian service longer than military service — New Finnish Act prolonging time for civilian service — Whether Act punitive — Whether Act based upon reasonable and objective criteria — Whether Finland violating International Covenant on Civil and Political Rights, 1966, Article 26

Human rights — Discrimination — Sex discrimination — Austrian pension law — Whether provisions discriminatory — Widower denied same pension rights as widow — Whether differentiation based upon reasonable and objective criteria — Whether Austria violating International Covenant on Civil and Political Rights, 1966, Article 26

Human rights — Right to life — Right to humane treatment — Right to liberty and security of person — Disappearance of author's son — Presumed involvement of military personnel — Whether Dominican Republic violating International Covenant on Civil and Political Rights, 1966, Articles 6, 7 and 9

Human rights — Discrimination — Sex discrimination — Dutch law providing benefits to widows but not to widowers — Dutch Central Board of Appeal deciding widowers also entitled to benefits — Article 25(3) of Dutch law providing for retroactive grants of benefits — Whether Article 25(3) of Dutch law discriminatory on grounds of sex — Retroactive claim — Applicable date — European Community Directive — Whether date arbitrary — Author seeking to extend period of retroactivity — International Covenant on Civil and Political Rights, 1966 entering into force 11 March 1979 — Direct applicability of Article 26 of Covenant — Whether mode of application of Dutch law violating Article 26 of Covenant from 11 March 1979

International tribunals — United Nations Human Rights Committee — Whether competent to pronounce on retroactive claim — International Covenant on Civil and Political Rights, Article 26

Human rights — Torture — Allegations of acts of torture committed by former military regime — Gross violations of human rights — Whether Uruguay having obligation to investigate violations of Covenant rights by prior regime — State Party having obligation to grant effective remedy — Whether amnesties and Uruguayan Limitation Act incompatible with obligations of State Party — Whether Uruguay violating International Covenant on Civil and Political Rights, 1966, Article 7 in connection with Article 2(3)

Human rights — Discrimination — Freedom of expression — Language of choice — Quebec Charter requiring commercial outdoor advertisements to be in French — Quebec Charter restricting use of English advertisements outside business premises — Whether disadvantageous to businesses conducting activities in English — Whether Canada violating International Covenant on Civil and Political Rights, 1966, Article 19(2) — Amending bill — Whether effective remedy

Human rights — Property — Discrimination — Right to peaceful enjoyment of possessions — Right to compensation for past taking of property — Compensation law discriminating between different categories of former owner — International Covenant on Civil and Political Rights, 1966, Articles 14(6) and 26

Human rights — Right to life — Torture — Disappearances — Responsibility — Duty of State to investigate — Whether administrative remedy adequate — International Covenant on Civil and Political Rights, 1966, Articles 2, 6, 7 and 9

Human rights — International Covenant on Civil and Political Rights, 1966 — Scope ratione materiae and ratione temporis — Prisoners of war — Canadian servicemen captured by Japan in Second World War — Whether Canada had violated Covenant in its treatment of claims to compensation — Discrimination

International tribunals — United Nations Human Rights Committee — Jurisdiction — Temporal jurisdiction — Domestic remedies rule

War and armed conflict — Prisoners of war — Entitlement to compensation for unlawful treatment — Peace Treaty with Japan

Human rights — International Covenant on Civil and Political Rights, 1966 — Scope ratione materiae and ratione temporis — Prisoners of war and civilian detainees held by Japan in Second World War — Whether subsequent treatment regarding compensation by New Zealand contrary to the Covenant — Discrimination

International tribunals — United Nations Human Rights Committee — Jurisdiction — Temporal jurisdiction

War and armed conflict — Civilians — Detainees — Prisoners of war — Entitlement to compensation for unlawful treatment — Peace Treaty with Japan

Human rights — Discrimination — Property — Confiscation of German-owned property by Czechoslovakia in 1945 — Subsequent expropriation of private property by Communist government of Czechoslovakia in 1948 — Provisions for restitution to former owners after end of Communist rule — Restitution law not applicable to former German owners — Whether discriminatory

International tribunals — United Nations Human Rights Committee — Jurisdiction — Temporal jurisdiction

Human rights — Enforcement — United Nations Human Rights Committee — Jurisdiction and procedure — Inhuman treatment — Impartial tribunal

International tribunals — United Nations Human Rights Committee — Jurisdiction — Domestic remedies rule — Procedure

Human rights — Inhuman treatment — Death penalty — Delay in carrying out execution — “Death row phenomenon” — Whether constituting inhuman treatment — Fair trial — International Covenant on Civil and Political Rights, 1966, Articles 7, 9, 10, 14 and 17