"The Court observes that the provisions of that Convention may only apply analogously
to the extent compatible with the sui generis character of the unilateral acceptance of
the Court's jurisdiction.”
4. However,
deciding
on the issue of the date from which the withdrawal of the
declaration takes effect — an issue which we will later consider -, the majority states
tersely and without any explanation, that, they are inspired, inter alia, by the practice
of “the notice period [of one year] provided for, pursuant to Article 56 (2) of the Vienna
Convention” [paragraph 65).
5. In so doing, the Court gives no indication as to the "analogical" application which it
postulates in amended paragraph 54 of the judgment. Even if it states that it is simply
"inspired" by Article 56 (2) of the Vienna Convention, it still gives the strong impression
that the said Article applies directly. This is in contradiction with its principled position
expressed in the amended paragraph 54 of the judgment.
6. From our point of view, in reaching its conclusion, the Court should have explained
how the situation relating to the withdrawal of a declaration
is analogous to that of
withdrawal from an inter-State convention with regard to the period of notice, which it
absolutely failed to do.
7. Therefore,
the least that can be said is that the Court has not cleared all the
ambiguities with regard to the applicability of the Vienna Convention on the Law of
Treaties to unilateral acts of States, such as the optional declaration recognizing the
jurisdiction of the Court to receive applications from individuals and NGOs. It failed to
provide the necessary clarifications on a subject on which it was supposed to establish
case-law.
ll. On the date of entry into force of the withdrawal of the declaration
8. The Court is of the view that the withdrawal of the declaration must be subject to a
period of notice, and the majority adds that in this case the applicable period of
notice shall be one year from the date of deposit of the withdrawal.
1 Judgment of 4'" December 1998, Jurisdiction of the Court, /C/ Reports 1998, p.453, paragraph 46.
2 This article states as follows:
“2. A party shall give not less than twelve months’ notice of its intention
to denounce or withdraw from a treaty under paragraph 1”.
;
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