International Court of Justice — Contentious jurisdiction — Judicial role — Disputes — Agreement between Parties — Whether absence of a dispute — Role of the Court in determining whether a dispute existed — Whether Court entitled to decline to give judgment — Claims and counter-claims — Whether lacking object — Parties’ positions converging during hearing — Admissibility

Rivers — International watercourses — Use of waters — River Silala flowing from Bolivia to Chile — Chile’s claims concerning status and use of waters of the Silala — Whether the Silala an international watercourse — Whether Parties’ positions converging during the proceedings — Whether Chile’s claim being without object — Whether Chile being entitled to equitable and reasonable utilization of waters of the Silala — Whether Chile’s claim without object — Whether Chile being entitled to its current use of waters of the Silala — Whether Parties’ positions converging during the proceedings — Whether Chile’s claim being without object — Whether Bolivia having obligation to notify and consult in regard to measures likely to have adverse effect on Silala — Obligation to control and prevent activities likely to cause environmental harm — Whether Bolivia complying with obligation to notify and consult — Applicable law — Whether obligation to notify and consult existing as matter of customary international law — Appropriate standard — Whether “significant harm” being different from “significant adverse effects” — Whether Bolivia satisfying threshold to comply with obligation to notify and consult

Human rights — Civil and political rights — Right to equality before law and equal protection of law — Right to be tried within reasonable time — Right to fair hearing — Right to effective remedy by competent tribunal — Right to be tried by impartial tribunal — Right to vote and be elected — State obligation to guarantee independence of courts — State obligation to establish and strengthen independent and impartial electoral body — State obligation to hold transparent, free and fair elections — State obligation to establish mechanisms which adequately redress election-related disputes in timely manner — Articles 3, 7(1) and 26 of African Charter on Human and Peoples’ Rights, 1981 — Articles 2, 14 and 25 of International Covenant on Civil and Political Rights, 1966 — Articles 17(1) and (2) of the African Charter on Democracy, Elections and Governance, 2007 — Articles 3, 5 and 7 of the Protocol on Democracy and Good Governance, 2001

International tribunals — Jurisdiction and procedure — African Court on Human and Peoples’ Rights — Respondent State withdrawing acceptance of Court’s jurisdiction — Whether retroactive — Reparation

Damages — Purpose — Moral injury — Assessment of damages for moral injury — Equity — Article 27(1) of Protocol on the Establishment of African Court on Human and Peoples’ Rights, 1998

International tribunals — Jurisdiction and procedure — Domestic remedies rule — Whether remedy effective and available — African Court on Human and Peoples’ Rights — Complaint regarding decisions of domestic courts — Complaint filed while appeal under way — Whether domestic remedies exhausted — Jurisdiction of Court — Not an appeal from conviction by domestic court

Human rights — Fair trial — Right of defence — Whether including right to free legal assistance — Remedies — African Charter on Human and Peoples’ Rights — Interpretation in the light of other human rights instruments

International tribunals — Jurisdiction and procedure — Domestic remedies rule — African Court on Human and Peoples’ Rights — Exceptional requirements not falling within requirement to exhaust domestic remedies — Time limit for filing application — Respondent State withdrawing acceptance of jurisdiction — Whether retroactive — Whether Court entitled to quash conviction by domestic court — Reparation

Damages — Purpose — Material and moral injury — Assessment of damages for moral injury — Equity — Article 27(1) of Protocol on the Establishment of African Court on Human and Peoples’ Rights, 1998

International tribunals — Jurisdiction — Admissibility — African Court on Human and Peoples’ Rights — Court’s power to grant prisoner release — Court not an appeal from national courts — Time limits — Determination of “reasonable time” as provided within Article 56(6) of the African Charter on Human and Peoples’ Rights, 1981 (“the Charter”) and Rule 50(2)(f) of the Rules of the Court — Exhaustion of domestic remedies — Requirements — Steps to be taken in national legal system — Withdrawal of declaration accepting jurisdiction — Whether retroactive

Human rights — Persons with disabilities — United Nations Convention on the Rights of Persons with Disabilities, 2006 — Article 29 — Participation in political and public life — Voting — Right to vote — Right to vote on an equal basis with others — Right to vote by secret ballot — Right to accessible voting procedures — Article 5 — Equality and non-discrimination — Article 9 — Accessibility — Australia — Whether Australia violated the rights of persons with disability for failing to provide access to electronic voting procedure — Optional Protocol to the Convention on the Rights of Persons with Disabilities, 2006 — Article 2 — Admissibility — Article 2(d) — Exhaustion of domestic remedies — Article 2(e) — Substantiation of claims

Human rights — Persons with disabilities — Hearing impairment — Sign language — United Nations Convention on the Rights of Persons with Disabilities, 2006 — Article 2 — Communication — Meaning of communication — Article 5 — Equality and non-discrimination — Article 12 — Equal recognition before the law — Article 21 — Freedom of expression and opinion, and access to information — Australia — Jury summons — Failure to provide sign language interpretation — Reasonable accommodation — Whether a failure to provide sign language interpretation to deaf juror violates the United Nations Convention on the Rights of Persons with Disabilities — Optional Protocol to the Convention on the Rights of Persons with Disabilities, 2006 — Article 2 — Admissibility — Article 2(b) — Communication inadmissible ratione materiae

Human rights — Persons with disabilities — Psychosocial disabilities — Enforced disappearance — Arbitrary detention — United Nations Convention on the Rights of Persons with Disabilities, 2006 — Article 4 — Obligation to promote rights and freedoms of all persons with disabilities without discrimination — Article 10 — Right to life — Article 11 — Obligation to ensure protection and safety of persons with disabilities in situations of risk — Article 122 — Equal protection before the law — Article 14 — Liberty and security of persons — Article 15 — Freedom from torture or cruel, inhuman or degrading treatment and punishment — Article 16 — Freedom from exploitation, violence and abuse — Article 25 — Right to health — Whether State of Palestine violation — Convention on the Rights of Persons with Disabilities where non-State actor had captured and arbitrarily detained persons with disabilities — Optional Protocol to the Convention on the Rights of Persons with Disabilities — Communications — Article 2 — Admissibility — Article 2(c) — Matter examined by another procedure of international investigation or settlement — Working Group on Enforced or Involuntary Disappearances — Whether extra-conventional procedures or mechanisms were a procedure of international investigation or settlement — Article 2(e) — Substantiation of claims

Jurisdiction — Territory — Jurisdiction over conduct when State prevented from exercising control over part of its territory — Whether State of Palestine had jurisdiction over conduct that occurred within the Gaza Strip — Convention on the Rights of Persons with Disabilities, 2006 — Optional Protocol Article 1 — Jurisdiction over continuing conduct that commenced prior to the entry into force of Convention

Territory — Human rights — United Nations Convention on the Rights of Persons with Disabilities, 2006 — Optional Protocol Article 1 — Obligations of State Party in circumstances where it was prevented from exercising control over part of its territory

Relationship of international law and municipal law — Act of State doctrine — Sovereign Acts — Commercial airline — Whether conduct of a national airline included sovereign acts — Whether act of State doctrine prevented court from imposing a civil penalty — Australia — Competition law — Price fixing — Whether act of State doctrine prohibits imposing a pecuniary penalty on a national airline for price fixing

Jurisdiction — Customary international law — Prescriptive jurisdiction — Extraterritorial effect of domestic legislation — Territorial nexus — Australia — Competition law — Price fixing — Airline — Whether imposing civil penalty for price fixing on international airline exceeds boundaries of a State’s prescriptive jurisdiction under international law — The law of Australia

State immunity — Foreign States Immunities Act 1985 (Cth) — Separate entity of a foreign State — Exceptions to immunity — Section 14 — Exception for proceedings concerning bankruptcy, insolvency or the winding up of a body corporate — Whether international airline immune from proceedings concerning bankruptcy, insolvency or the winding up of a body corporate — History of State immunity — Absolute theory — Restrictive theory — Purpose of exceptions to immunity — Relationship between commercial activities exception and exception for proceedings concerning bankruptcy, insolvency or the winding up of a body corporate

Jurisdiction — State immunity — Foreign States Immunities Act 1985 (Cth) — Separate entity of a foreign State — Whether separate entity of a foreign State immune from jurisdiction — Immunity from jurisdiction in proceedings concerning bankruptcy, insolvency or the winding up of a body corporate — The law of Australia

State immunity — Arbitration award — Enforcement — Investor awarded compensation by arbitration tribunal — Application to enforce against debt owed to respondent State — Whether barred by State immunity — Whether State had consented to enforcement of award — The law of the British Virgin Islands