jurisdiction involving the danger of denial of justice.”[Emphasis added]. 66. The Respondents argued that the First Instance Division cannot purport to operate outside the framework of the Treaty and usurp the powers of other international courts established for the enforcement of obligations created by other international instruments, including the African Charter and its Protocol. 67. We have indicated above that Article 6(d) of the Treaty; which sets out the Fundamental Principles of the Community, obliges the Partner States to take into account and observe the provisions of the Charter concerning, the protection and promotion of human and peoples’ rights. 68. The same obligation is emphasized by Article 7(2) of the Treaty which in stipulating the Operational Principles of the Community, provides that:“The Partner States undertake to abide by the principles of good governance, including adherence to the principles of democracy, the rule of law, social justice and maintenance of universally accepted standards of human rights.” 69. Articles 6 (d) and 7(2) of the Treaty empower the East African Court of Justice to apply the provisions of the Charter, the Vienna Convention, as well as any other relevant international instrument to ensure the Partner States’ observance of the provisions of the Treaty, as well as those of other international instruments to which the Treaty makes reference. The role of the Court in the instant Reference, was to ascertain the Partner States’ adherence to, 22

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