sufficient evidence that there is a dispute between the parties in the present
case.
*
55. In its Response, the Respondent State maintains that the fundamental
question regarding the exercise of jurisdiction between the ICJ and the
Court, lies in the subject matter of the agreement and not in its mode of
expression. It underscores that under Article 3 of the Protocol, the Court’s
jurisdiction applies to cases and disputes brought before it.
56. The Respondent State argues that the distinction between human rights
protection and dispute settlement is inappropriate, since the Court was
established to protect human rights, through its judicial function.
57. The Respondent State further submits that while two international
jurisdictions can have overlapping missions, in the instant case, the
question is not what the jurisdiction of the Court covers. It asserts that the
Protocol does not establish a “principal mission” for the Court, and that in
any case, Article 3 of the Protocol includes the term “dispute”.
58. The Respondent State emphasizes that the Applicant State’s argument that
the terms “case” and “dispute” are interchangeable runs counter to the
fundamental rule of treaty interpretation, which stipulates that a treaty must
not be interpreted in such a way as to render certain parts of the text
redundant or meaningless. In its view, this principle, known as the principle
of effectiveness ut res magis valeat quam pereat, requires that the inclusion
of terms in a treaty be interpreted to give them a specific meaning and
scope, as applied by the ICJ in its judgment on preliminary objections in the
matter of Application of the International Convention on the Elimination of
All Forms of Racial Discrimination (Georgia v. Russian Federation).
59. On this point, the Respondent State argues that in the cases cited by the
Applicant State, the Court was not asked to intervene since there was no
dispute. Moreover, it avers that the Protocol expressly refers to “cases and
15