il.
The relationship between Articles 3 and 7 of the Protoco! as
regards the Court's subject-matter jurisdiction: confirmation in
the second wave of decisions
21.fhe drafters of the Protocol provided ludges with a kind of "loolbox" through
these two articles, which they would make good use of. They are only bound by
the consistency and the motivation of their choice. lndeed, quite obviously, the
two articles have often been used together in the Court's second decade of
activity.
lt will first be shown that the Court's approach is also present
in
international litigation.
A
The Court's approach is confirmed by the practice of international
litigation
22.This approach is known from international litigation, even before the African
Court was established.
lt is, in fact, consistent with the logic of law. lts
manifestation can be found in jurisprudential work as old as that
of
the
Permanent Court of lnternational Justice (PCIJ) confirmed by the.jurisprudence
of the lnternational Court of Justice (lCJ).
23.|t was by reasoning on its applicable law that the PCIJ extended its jurisdiction
to human rights issues long before the wave of such law following the Second
World War. The august Court was already doing its job
of
protecting
fundamental rights in well-known cases12.
24.There has been a known shift in the jurisdiction of arbitral tribunals in this area.
The jurisdiction of these courts is strictly fixed within conventional limits, but they
have integrated human rights issues by making
applicable
a specific reading of their
law13.
'r (lPJI. Advisory' Opinion. .llinrtriry Sc'hool.ç itt 'l..llhunit.6 Âpril 193-s: Advisorr' Opinion. (icrrnan Scttlcrs in
lfoland, l0 Scptcntbcr 1923: Âdvisorl' Opinion. rcutment ol I'oli-sh Nutionuls dn.l Olhar I'er:;on: o/ Origin. 4
I:cbruary 1932
l' Cazala (J.). l'rotcclion dcs droits dc I'horlrnc ct contcnticur' intcnrational dc I 'invcstisscnrcnl. /.t.r ('uhiars ù
l'.lrhitruga.20I2-.1. pp. 899-90(r. v. in panicular. lribunal arbitral CIROI (MS). S.^.. 29 Ma1' 2t)03. l.'L)tiLtt:i
.llaliod»thilntdlcs 'la,:»rcd 5.1 r'. ,l/c.r:rr'o. .\§ ll2-l2i: S.^.. Clltt)1. .l:uris ('orpt»uli(),1 \'. ..lrgcntina. lJ Jull
97 l. I Novcmbcr
:006. \\§ jf l-3 l2: sec S.Â.. l('Sll) (MS). Rrhtrr .l:inirn und ()rhars r'. ,l/c,rl«r.
^Rl](^lr)
1999. §§ 102-t03.
8