before the Court is, in itself, no obstacle to the exercise by the Court of its functions under Article 41 of the Statute’*, But such was not the attitude of this Court. It did not go into deliberation on the matter after the public hearing and decided to issue an Order partly acceding to the Respondent State’s prayer by ordering "the Parties to file written submissions on the effect of the Respondent's withdrawal of its declaration made under Article 34 (6) of the Protocol.” In that Order, the Court has included the Applicant in an exclusive relation between her and the Respondent State. The Applicant has nothing to do with the declaration. ll - It is necessary at this juncture to dwell a little on the nature of Rwanda’s declaration. It is unanimously accepted in jurisprudence and in doctrine, that the declaration of acceptance of jurisdiction is a unilateral act of a State, and which fails within its discretionary commitment, competence®. In terms of international, and indeed, unilateral this is subject to the general principle “pacta sunt servanda" as codified in the Vienna Convention on the Law of Treaties of 1969°. Jn this regard, the Court should have continued with the proceedings, taken note of the non-appearance of the Respondent State appearance. Even if the Applicant's representatives expressed the wish to make submission and set on the withdrawal forth the necessary of Rwanda’s consequences declaration, in case the Court should of nona not have allowed this, should not have required both parties to submit written observations on the issue and should not have deferred the matter to its 41st session’. Hl - Similarly, in its Order, the Court "decides that the decision on the effects of withdrawal of the Respondent will be made at its 41st ordinary session." 41.0.1. Matter of non-appearance before the ICJ, Art. 5, Basie session, Yearbook, 1991, vol. 64, t. Il, page 378. ° *A discretionary act by which a State subscribes to an obligatory jurisdiction commitment, unilaterally conferring competence to a court for categories of cases defined in advance, Entry ; “ Optional declaration of obligatory jurisdiction” In, SALMON (Jean), (Dir), Dictionary of International Public Law, Bruylant, 2001, p. 303) (Registry translation). ® In its preamble, the Vienna Convention on the Law of Treaties notes that “the principles of free consent and of good faith and the pacta sunt servada rule are universally recognized”. This principle is codified in Article 26 of the said Convention. a 7 Regarding the Jegal effect in time, of the withdrawal of the declaration, | refrain from commenting thereon for now. | will make my comments possibly when the Court takes decision on the matter at its 41st session.