2.
The proceeding provided for under this Article shall be
instituted within two months of the enactment, publication,
directive, decision or action complained of, or in the absence
thereof, of the day in which it came to the knowledge of the
complainant, as the case may be;
3.
The Court shall have no jurisdiction under this Article where
an Act, regulation, directive, decision or action has been
reserved under this Treaty to an institution of a Partner
State”.
4.
The above quotation of Article 27 of the Treaty shows that:
(1)
the initial jurisdiction of the Court is confined to the
interpretation, and application of the Treaty, and
(2)
the subsequent extended jurisdiction of the Court will
include original, appellate, human rights and other
matters.
57.
In SHABTAI ROSENNE’s: The Law and Practice of the
International Court, [supra], it was observed that:“…In the event of a dispute as to whether the Court has
jurisdiction, the matter shall be settled by the decision of the
Court. For that purpose, the Court allows preliminary objection
procedure to be employed for several different types of
disputes as to whether the Court has jurisdiction…..The
matter can also arise and be decided at any stage of a case,
in quality of ‘a plea”.
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