the question ,,rhether individuals now enjoy direct access to this Court which has been expressly provided for by the Supplementary Protocol. His answer was in the affinnative. 6. Counsel's submission was that in law the presumption against reh·ospective effect of statutes does not apply to matters of procedure. He cited smne authorities in support particularly Halsbur~/s Laws of England, 4th Edition, Vol. 44(1) paragraph 1287. He contends that the Supplementmy Protocol has retrospective effect, therefore by virh1e of that fact the plaintiff can benefit frmn the Court's expanded jurisdiction. 7. Counsel's further submission was that where a statute relates to a matter of procedure only, it affects proceedings taking place after its conunencement regardless of the date of the events to which the proceedings relate. He again cited Halsbury's La\vs of England, 3rd Edition Vol. 32, paragraph 397-400, and R vs. Chandra Dha1111a (1905) 2 KB 335. 8. Counsel concluded that the fmmer Article 9 in the 1991 Protocol which governed the Court's competence no longer existed, the saine having been replaced by the new Articles 9 and 10 of the Supplementaiy Protocol, so the latter should govern this case. That there was nothing on the face of the Supplementaty Protocol that says that it should not have a retrospective effect. 9. Counsel for the Intervener-Applicant associated himself with all the submissions n1ade by his learned friend. He stated that a cardinal principle of law is to actualize the intention of the lawmaker. He also said that in the area of substantive law there was presumption against retrospectivity. He referred to the definition of 'substantive law' and 'procedural law, as contained in Black's Law Dictionaty) 6 th Edition at page 1429. He drew attention to the fact that "the only platfonn on which to determine whether a statute will be interpreted to have retrospective effect is by detennining to which area of law it belongs - substantive or procedural." 3 Downloaded from worldcourts.com. Use is subject to terms and conditions. See worldcourts.com/terms.htm