26. Based on the above-mentioned provisions, the Court, in respect of each
application, must conduct a preliminary assessment of its jurisdiction and
dispose of objections thereto, if any.
27. The Court notes that the Respondent State raises objections to its material
and temporal jurisdiction. The Court will thus consider the said objections
before assessing other aspects of its jurisdiction, if necessary.
A. Objections to material jurisdiction
28. The Respondent State raises three objections to the Court’s material
jurisdiction, first, that this Court is not an appellate court; second, that the
Algiers Convention on the Conservation of Nature and Natural Resources
(hereinafter referred to as “the Algiers Convention) is not a human rights
instrument; and third, that the Applicants have failed to specify the articles
of the Algiers Convention based on which they allege that the Respondent
State has violated its obligations. The Court will examine each of the
objections raised by the Respondent State.
i.
Objection on the ground that the Algiers Convention on the Conservation
of Nature and Natural Resources is not a human rights instrument
29. The Respondent State contends that the Algiers Convention is not a human
rights instrument. To this end, it points out that the concept of human rights
refers exclusively to subjective rights, inasmuch as they are privileges that
apply only to individuals. According to the Respondent State, the provisions
of the Algiers Convention apply only to States, and therefore, do not fall
within the Court’s material jurisdiction.
*
30. In response, the Applicants submit that the Algiers Convention places an
obligation on States Parties to protect natural resources, which are closely
related to the interests of individuals, as the Convention defines purpose in
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