9
On issue No.6, the First Instance Division held that the answer to
issue No.3 (cause of action) was sufficiently disposed of this
particular issue.
10 On issue No.7, the First Instance Division held that each Party
should bear its own costs.
11 Accordingly, the First Instance Division dismissed the Reference;
and ordered each Party to bear its own costs.
12 Dissatisfied with the Judgment of the First Instance Division, the
Appellant appealed to this Appellate Division.
13 The Appellant raised 9 grounds of Appeal which, at the Scheduling
Conference were consolidated into the following 5 issues:-
(i) Whether the First Instance Division erred in law when it held
that it had no jurisdiction to interpret the Charter, the
Protocol, and other relevant international conventions and
instruments to which the 2nd ,3rd and 5th Respondents are
parties;
(ii) Whether the First Instance Division erred in law when it held
that the delay by the 2nd, 3rd and 5th Respondents in depositing
their respective declarations was not a violation of the
provisions of the Treaty, and of the Charter, the Protocol and
the 1969 Vienna Convention of the Law of Treaties (the
Vienna Convention),
(iii) Whether the First Instance Division erred in law when it held
that the 1st Respondent had no duty under the Treaty to
supervise the 2nd, 3rd and 5th Respondents to comply with their
4