Suchergebnisse

The individual in international law — Miscellaneous — Refugees — Conditions for acquisition of status of — Geneva Convention Relating to the Status of Refugees, 1951, Article 1 — Fear of persecution for political opinions — Determination of date at which refugee status acquired — Whether French Office for the Protection of Refugees has exclusive competence to grant such status — Competence of ordinary courts — The law of France

State responsibility — Nature and kinds of — For breaches of treaty obligations — International Covenant on Civil and Political Rights, 1966 — Allegations of torture and inhuman treatment — Failure to provide adequate machinery to challenge legality of arrest and detention — Right to be tried without undue delay — United Nations Human Rights CommitteeState responsibility — Nature and kinds of — For wrongs unconnected with contractual obligations — Acts and omissions of State organs and officials — Connected with legislation — Detention under prompt security measures — Failure to provide adequate machinery to challenge legality of arrest and detention — International Covenant on Civil and Political Rights, 1966 — Optional Protocol — Communication to United Nations Human Rights CommitteeThe individual in international law — In general — Human rights and freedoms — Detention under "prompt security measures" — Allegations of torture and inhuman treatment — Right to challenge legality of arrest and detention — Right to be brought before a judge and tried without undue delay — International Covenant on Civil and Political Rights, 1966 — Articles 9, 10 and 14 — Optional Protocol — United Nations Human Rights Committee

International organization and administration — The United Nations — Other organs of the United Nations — Human Rights Committee — Communication under International Covenant on Civil and Political Rights, 1966 and Optional Protocol thereto — Evidence — Principle of audiatur et altera pars — Burden of proof
259 The individual in international law — In general — Human rights and freedoms — Arrest without charge — Detention incommunicado — Allegations of cruel treatment and torture — Right of detained persons to be treated with humanity and dignity — Habeas corpus not available — Right to trial — Right to be informed of charges — Right to life — International Covenant on Civil and Political Rights, 1966 — Optional Protocol — United Nations Human Rights Committee — Evidence — Principle audiatur et altera pars — Burden of proof

State responsibility — Nature and kinds of — For wrongs unconnected with contractual obligations — Acts and omissions of State organs and officials — Connected with legislation — Canadian Parole Act 1970 — Criminal Law Amendment Act 1977 — Forfeiture of parole abolished — Right of offenders to benefit retroactively from change of law providing lighter penalty — Whether loss of parole a penalty — International Covenant on Civil and Political Rights, 1966, Article 15(1) — Optional Protocol — United Nations Human Rights Committee — Whether applicant a victimInternational organization and administration — The United Nations — Other organs of the United Nations — Human Rights Committee — Functions — Compatibility of national legislation with International Covenant on Civil and Political Rights, 1966 — Optional Protocol — Whether Committee entitled to make hypothetical assessment of effects of national legislationThe individual in international law — In general — Human rights and freedoms — Criminal offences — Parole — Right of offenders to benefit retroactively from change of law reducing penalty — Interpretation of term "penalty" — Whether only applicable to criminal offences — Whether including parole — Canadian Parole Act 1970 modified by Criminal Law Amendment Act 1977 — Whether new law automatically results in lighter penalty-International Covenant on Civil and Political Rights, 1966, Article 15(1) — Optional Protocol — United Nations Human Rights Committee — Whether applicant victim of breach of Covenant

State responsibility — Nature and kinds of — For wrongs unconnected with contractual obligations — Acts and omissions of State organs and officials — Exhaustion of legal remedies — Intemational Covenant on Civil and Political Rights, 1966 — 0ptional Protocol — Communication to United Nations Human Rights Committee — Exhaustion of domestic remedies — Whether any effective remedies available to alleged victim
International organization and administration — The United Nations — Other organs of the United Nations — Human Rights Committee — International Covenant on Civil and Political Rights, 1966 — Optional Protocol — Procedure — Consideration of same case by another human rights tribunal — Evidence — Burden of proof
The individual in international law — In general — Human rights and freedoms — Detention without charge — Detainee held incommunicado — Allegation of torture — Right to fair trial — Right to trial without undue delay — Habeas corpus not available — Trial held in closed session — Accused not properly represented — Punishment of accused for political opinions — Deprivation of political rights — International Covenant on Civil and Political Rights, 1966 — Optional Protocol — United Nations Human Rights Committee — Procedure — Exhaustion of domestic remedies — Consideration of same case by another human rights tribunal — Evidence — Burden of proof

State responsibility — Nature and kinds of — For breaches of treaty obligations — International Covenant on Civil and Political Rights, 1966 — Optional Protocol — Duty to take adequate measures to protect the life of detainees — Failure to provide adequate machinery to challenge legality of arrest and detention — Duty of State party to investigate allegations of violation — Findings of fact in absence of evidence from State party — Burden of proof — United Nations Human Rights CommitteeState responsibility — Nature and kinds of — For wrongs unconnected with contractual obligations — Acts and omissions of State organs and officials — Exhaustion of legal remedies — International Covenant on Civil and Political Rights, 1966 — Optional Protocol — Proceedings before United Nations Human Rights Committee — Exhaustion of domestic remedies — Effectiveness of remedies before military courts — EvidenceState responsibility — Nature and kinds of — For wrongs unconnected with contractual obligations — Acts and omissions of State organs and officials — Executive action or inaction — Duty to investigate allegations of violation of International Covenant on Civil and Political Rights, 1966 — Findings of fact in absence of evidence from State party — Burden of proof — United Nations Human Rights Committee354The individual in international law — In general — Human rights and freedoms — Detention incommunicado — Right to challenge legality of arrest and detention — Right to trial without undue delay — Right to be brought promptly before a judge — Duty to take adequate measures to protect life of detainee — Exhaustion of domestic remedies — Effectiveness of remedies before military courts — International Covenant on Civil and Political Rights, 1966 — Articles 6, 9 and 14 — Optional Protocol — United Nations Human Rights Committee — Procedure — Findings of fact in absence of evidence from State party — Burden of proof — Duty of State party to investigate allegations of violations

International law in general — Sources — Customary international law — Treaty practice as source of — Rules of diplomatic immunity — Immunity from civil jurisdiction of municipal courts — Officials of international organizations — The law of ItalyDiplomatic and consular intercourse and privileges — Permanent diplomatic envoys — Privileges and immunities of — Subordinate members of the diplomatic staff — Extent of entitlement to immunity from civil jurisdiction of municipal courts — Whether covers only acts performed in official capacity — Customary international law — Evidence from treaty practice on international organizations The law of ItalyDiplomatic and consular intercourse and privileges — Right of other persons to privileges and immunities — Officials of international organizations — Entitlement to immunity from civil jurisdiction of municipal courts — Distinction between acts performed in official and private capacity — Treaty practice on — The law of ItalyDiplomatic and consular intercourse and privileges — Permanent diplomatic envoys — Privileges and immunities of — Diplomatic envoys and their staff — Immunity from civil jurisdiction of municipal courts — Whether extending to acts performed in private capacity — Whether rule of customary international law to this effect — Evidence of such rule from treaty practice on international organizations — Whether same rule applicable to subordinate diplomatic staff — The law of Italy

State responsibility — Nature and kinds of — For breaches of treaty obligations — Refusal to issue passport to citizen abroad — Right to leave any country — International Covenant on Civil and Political Rights, 1966, Article 12(2) — 0ptional Protocol — United Nations Human Rights Committee
International organization and administration — The United Nations — Other organs of the United Nations — Human Rights Committee — Jurisdiction under International Covenant on Civil and Political Rights, 1966, and Optional Protocol thereto — Competence to consider communication from citizen living abroad
235The individual in international law — In general — Human rights and freedoms — Right to leave any country — Refusal to issue passport to citizen living abroad — Freedom of expression — International Covenant on Civil and Political Rights, 1966, Articles 12(2) and 19 — Optional Protocol — United Nations Human Rights Committee — Competence — Whether within jurisdiction of national authorities to issue passport to citizen living abroad — Procedure — Findings of fact in absence of evidence from State party

The individual in international law — In general — Human rights and freedoms — Fair hearing and fair trial — Trial within a reasonable time — Mauritius Constitution, Section 10(1) — Meaning of term 'charged' — European Convention on Human Rights, 1950, Article 6(1) — The law of Mauritius

State responsibility — Nature and kinds of — For wrongs unconnected with contractual obligations — Acts and omissions of State organs and officials — Exhaustion of legal remedies — Intemational Covenant on Civil and Political Rights, 1966 — 0ptional Protocol — Proceedings before United Nations Human Rights Committee — Exhaustion of domestic remedies — Whether victim of alleged violation of Covenant required to exhaust remedies of an exceptional nature — Appeal proceedings still in process — Whether unreasonably prolonged
Treaties — Conclusion and operation of — Entry into force — International Covenant on Civil and Political Rights, 1966 — Alleged violation beginning before entry into force of Covenant and Optional Protocol thereto — Continuing violation — United Nations Human Rights Committee
The individual in international law — In general — Human rights and freedoms — Detention incommunicado — Allegations of torture and ill-treatment — Right to trial within a reasonable time — Trial by military court — Right to prepare defence and choose defence counsel — Forced confession — Exhaustion of local remedies — Whether accused required to exhaust remedies of an extraordinary nature — International Covenant on Civil and Political Rights, 1966 — Optional Protocol — United Nations Human Rights Committee

International law in general — Sources — Customary international law — Treaty as evidence of current practice in international law — Whether binding on non-ratifying State — Statement of executive as evidence of custom — The law of France
States as international persons — In general — Sovereignty and independence — Conduct of foreign relations — Conclusiveness of statements of the Executive — International convention signed but not yet ratified by State — Executive statement that convention embodies principles of customary international law — Whether courts should take notice of this statement — Vienna Convention on Diplomatic Relations, 1961 — The law of France
Treaties — Conclusion and operation of — Effect of treaties on third parties — Vienna Convention on Diplomatic Relations, 1961 — Whether codification of existing international law — Whether binding on non-ratifying States as evidence of current practice — The law of France
Diplomatic and consular intercourse and privileges — Permanent diplomatic envoys — Privileges and immunities of — Diplomatic envoys and their staff — Envoy a national of receiving State — Action for eviction from private residence — Whether envoy entitled to immunity from jurisdiction — Immunity limited to acts performed in exercise of diplomatic functions — Vienna Convention on Diplomatic Relations, 1961, Article 38(1) — Whether codification of existing international law — Whether Convention binding on non-ratifying States as evidence of current practice in international law — Statement of Executive as evidence of custom — The law of France

Treaties — Interpretation — Principles and rules of interpretation — Interpretation of private law term in treaty — Interpretation by reference to normal legal meaning of term under municipal law — The law of Belgium

State responsibility — Nature and kinds of — For wrongs unconnected with contractual obligations — Acts and omissions of State organs and officials — Exhaustion of legal remedies International Covenant on Civil and Political Rights, 1966 Optional Protocol — Communication to the United Nations Human Rights Committee — Allegation of undue delay of appeal — Complaint to Supreme Court of Canada — Whether effective for purpose of avoiding undue delayInternational organization and administration — The United Nations — Other organs of the United Nations — Human Rights Committee — Functions of — Procedure — International Covenant on Civil and Political Rights, 1966 — Optional ProtocolThe individual in international law — In general — Human rights and freedoms — Right to fair hearing — Right of detained persons to be treated with humanity and dignity — Right of accused to be segregated from convicted persons — Right of protection against arbitrary or unlawful interference with correspondence — Right to trial without undue delay in determination of criminal charge — Whether to be applied in conjunction with right to review of conviction by higher tribunal — Exhaustion of domestic remedies — International Covenant on Civil and Political Rights, 1966 — Optional Protocol — United Nations Human Rights Committee — Functions of — Responsibility for delay of appeal — Meaning of requirement of segregation

3States as international persons — State succession — In matters of extradition — Treaty of extradition with British colony — Unilateral declaration of independence of colony — Whether treaty continues — Rhodesia — The law of South Africa