26
JAMES AND OTHERS v. THE UNITED KINGDOM JUGDMENT
developed for the benefit of non-nationals. As such, these principles did not
relate to the treatment accorded by States to their own nationals.
61. In support of their argument, the applicants relied first on the actual
text of Article 1 (P1-1). In their submission, since the second sentence
opened with the words "No one", it was impossible to construe that sentence
as meaning that whereas everyone was entitled to the safeguards afforded
by the phrases "in the public interest" and "subject to the conditions
provided for by law", only non-nationals were entitled to the safeguards
afforded by the phrase "subject to the conditions provided for ... by the
general principles of international law". They further pointed out that where
the authors of the Convention intended to differentiate between nationals
and non-nationals, they did so expressly, as was exemplified by Article 16
(art. 16).
Whilst there is some force in the applicants’ argument as a matter of
grammatical construction, there are convincing reasons for a different
interpretation. Textually the Court finds it more natural to take the reference
to the general principles of international law in Article 1 of Protocol No. 1
(P1-1) to mean that those principles are incorporated into that Article (P11), but only as regards those acts to which they are normally applicable, that
is to say acts of a State in relation to non-nationals. Moreover, the words of
a treaty should be understood to have their ordinary meaning (see Article 31
of the 1969 Vienna Convention on the Law of Treaties), and to interpret the
phrase in question as extending the general principles of international law
beyond their normal sphere of applicability is less consistent with the
ordinary meaning of the terms used, notwithstanding their context.
62. The applicants further argued that, on the Commission’s
interpretation, the reference in Article 1 (P1-1) to the general principles of
international law would be redundant since non-nationals already enjoyed
the protection thereof.
The Court does not share this view. The inclusion of the reference can be
seen to serve at least two purposes. Firstly, it enables non-nationals to resort
directly to the machinery of the Convention to enforce their rights on the
basis of the relevant principles of international law, whereas otherwise they
would have to seek recourse to diplomatic channels or to other available
means of dispute settlement to do so. Secondly, the reference ensures that
the position of non-nationals is safeguarded, in that it excludes any possible
argument that the entry into force of Protocol No. 1 (P1) has led to a
diminution of their rights. In this connection, it is also noteworthy that
Article 1 (P1-1) expressly provides that deprivation of property must be
effected "in the public interest": since such a requirement has always been
included amongst the general principles of international law, this express
provision would itself have been superfluous if Article 1 (P1-1) had had the
effect of rendering those principles applicable to nationals as well as to nonnationals.