bound by the provisions of the Treaty has not been questioned in any
way
in
this
advanced
having
Reference.
any defence
been
Specifically,
the
Respondent
as to its consent to be bound
granted
in
contravention
of
its
has
not
by the Treaty
internal
laws.
Consequently, we are satisfied that the Respondent cannot invoke its
internal laws as justification for a Treaty violation.
Needless to say,
the decisions of national courts do form part of the case law of that
nation.
See Henry Kyarimpa (supra).
30. We do also find appropriate persuasion on this matter in the decision
of the
International
Sicula S.P.A
Court
of Justice
(Elsi) Judgment
in
the
case
_(ICJ REPORTS)
of Electtronica
1989
p.15,
para. 73.
In that case it was held as follows:
“Compliance
the
with
provisions
What_is_a_
Municipal
of
Municipal
Law
the
Treaty
of
Treaty
breach
and
are
compliance
different
may
be
with
questions.
lawful
in
the
Law and what is unlawful in the Municipal
law
may be wholly innocent of a violation in the Treaty.” (Our
emphasis)
31. In the
instant
case,
although
the
constitutionality
of the
Bill that
preceded Act No. 1/26 was tested and sanctified by the Constitutional
Court
of
Burundi,
it
is
the
Applicant's
contention
that
the
Act
nonetheless contravenes Articles 6(d) and 7(2) of the Treaty in so far
as
it offends
Clearly,
the
the
principles
decision
notwithstanding,
of
of rule
the
of law
and
Constitutional
good
Court
there are matters of Treaty interpretation
by the Reference that beg the Court's interrogation.
Reference No.1 5 of 2014
governance.
of
Burundi
presented
To that extent,
Page 12