of the Rules, which requires that the Application be accompanied by copies
of documents relating to any other international investigation or settlement
procedure relevant to the Application.
207. The Respondent State submits that the proceedings pending before the
EACJ are at a more advanced stage as it has filed its pleadings on
jurisdiction, admissibility and the merits.
208. The Respondent State argues that through these parallel proceedings, the
Applicant State has gained and is seeking to gain an unfair and illegitimate
advantage since, with the pleadings before the EACJ, it is able to pre-empt
the strategy of the latter Court. It adds that, the likelihood of the Applicant
obtaining a favourable ruling is higher. It argues further that in the event of
conflicting rulings, the authority and legitimacy of both courts would be
undermined.
209. The Respondent State requests the Court to draw inspiration from the
approach adopted by the Arbitral Tribunal established under Article 287
Article 1 of Annex VII of the United Nations Convention on the Law of the
Sea in The MOX Plant Case (Ireland v. United Kingdom) which, in the face
of a similar situation of parallel proceedings before the Court of Justice of
the European Union, ruled that
it would be inappropriate [...] to continue to hear the parties on the merits of
the case without having resolved the issues raised [...] and that it would not
be helpful for the parties to resolve the matter in such a way as to arrive at
two conflicting rulings on the same matter.
210. The Respondent State further buttressed its arguments by citing
Communication Mpaka-Nusu André Alphonse v. Zaire, which was ruled
inadmissible by the Commission, as it had already been dealt with by the
Human Rights Committee. Similarly, it was pointed out, the Commission
suspended sine die its examination of Interights (on behalf of the Pan-
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