referred to the definition of 'substantive law' and 'procedural law' as
contained in Black's Law Dictionary, 6th Edition at page 1429. He drew
attention to the fact that "the only platfo1m on which to determine whether a
statute will be interpreted to have retrospective effect is by detennining to
which area of law it belongs - substantive or procedural."
·
10. He submitted that a close examination of the Supplementary Protocol
shows that it merely seeks to regulate the proceedings of this Comi. There is
no place in the Protocol where any relief is provided for, nor ·does it regulate
any rights and obligations. It merely spells out steps to be followed in
actions before the Court. That those steps which belong to the area of
procedural law must have retrospective effect.
Com,iderat!_on of mrgume:nts of parties,
11. Mr. Esangbedo argued that the Supplementary Protocol should have
retrospective effect, as noth.ing prima facie is indicative of a converse
construction.
12, It is undeniable that the principles of law as stated by both Counsel
regarding retrospectivity of laws are correct. These have been. applied in
national courts for a long, long while. They have also been accepted in
international courts and tribunals.
13. In the Ambatielos case decided by the International Court of Justice
(ICJ) on 1st July 1952, see page 40 of the ICJ law reports of 1952, the
principle of non-retrospective-effect of statutes was accepted. This principle
had earlier been recognized by the Pennanent Court of Inte:J1Ational Justice
(PCIJ) in the Mavromatis Palestine Concession case of August 1924, PCJJ
Series A number 2., page 34, where it was stated that the Treaty of Lausanne
4
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