Therefore, according to him, the First Instance Division was right
to decline to interpret Articles 1(2), 7, 13,26,62,65 and 66 of the
Charter and Articles 1, 3, 5 and 34 of the Protocol.
30. As regards the 2nd issue, relating to the alleged delay to deposit
the declaration under Articles 5 (3) and 34 (6) of the Protocol,
the 1st Respondent submitted that Article 34 (6) of the Protocol
does not prescribe any deadline for depositing declarations.
Therefore, there was no violation occasioned. Under that
Article, discretion is left to each State Party as to the timing of
the deposit of its declaration.
31. He distinguished this case from the Katabazi case (supra) to the
extent that the delay in depositing a declaration does not in any
way constitute a violation of any provision of the Treaty.
32. The 1stRespondent concluded on that issue by contending that
the case of Katabazi (supra) cited by the Appellant is not
applicable in the instant case
33. With regard to the 3rd issue, namely, whether the 1st
Respondent had no duty under the Treaty to supervise the
Respondents to comply with their obligations under the
Charter, the Protocol, and the Vienna Convention, the 1st
Respondent submitted, among others, that under Article 29(1)
of the Treaty, the Secretary General
has a margin of
appreciation. To be moved under that Article, he must be
convinced that a Partner State has failed to fulfill an obligation
under the Treaty or has infringed a provision of the Treaty. The
1st Respondent concluded that a delay to deposit a declaration
when there is no constraining time limit to do so, cannot constitute
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