A majority of the Supreme Court held inter alia that the military commission established by the US Government to try Hamdan, a Guantanamo detainee violated the Geneva Conventions.
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The House of Lords applied the State Immunity Act 1978 to dismiss an action for damages, in relation to alleged torture, against the Ministry of Interior of Saudi Arabia and certain state officials. The Court rejected the argument that the application of the Act would violate Article 6(1) of the ECHR or jus cogens norms of international law.
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An arbitration tribunal upheld Occidental’s claim against Ecuador, under the Bilateral Investment Treaty between Ecuador and United States, for the refund of certain VAT payments. The English High Court rejected Ecuador’s application, under s67 and s68 of the Arbitration Act, to set aside this award and held that, on the proper construction of the BIT, the tribunal had not exceded its jurisdiction.
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In a judgment dated 8 December 2005 the House of Lords held (7-0) that evidence obtained by torture by officials of a foreign state is not admissible in English courts. The Courts, inter alia, considered the effect in English law of the United Nations Convention Againt Torture.
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In October 2005 the House of Lords heard an appeal concerning the admissibility of evidence from third parties, which has or may have been obtained by foreign states through torture. One of the issues was whether Article 15 of the United Nations Conventions against Torture (which prohibits the admission of such evidence) has effect in English law and if so, on what basis.
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By excluding Gibraltar from part of the scope of the directive on mutual assistance in the field of taxation, the United Kingdom has failed to fulfil its Community obligations.
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The Court confirmed that a ‘positive list’ system under which only products containing substances included on the lists in the annexes to the Community directive on food supplements could be marketed in the Community was appropriate for securing the free movement of food supplements and ensuring the protection of human health.
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The distinctive character required for registration of a mark may be acquired through its use as part of an already registered trade mark. In order to acquire distinctive character through use the mark must be perceived by the relevant category of persons to designate a product or service from originating from a given company.
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Making access for students who have obtained their secondary education diploma in another Member State subject not only to the general Austrian admission requirements, but also to the requirements for immediate admission to the chosen course of study in that other State constitutes indirect discrimination on the grounds of nationality.
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The Tribunal concluded that it had jurisdiction under Article 26 of the Energy Charter Treaty and under Article 25 of the ICSID Convention.
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