previous transaction and gives it a different legal effect from that \Vhict1 it had under the law when it occurred. 20. Counsel submitted that the intention of ECOV11AS \Vas to make the ·' Supplementary Protocol have retrospect~e effect. Rather JnfortunEt!<?__ to ~ ''" recall, Counsel did not refer to even a 'single v•mrd in the entire Supplementary Protocol from which the remotest implication could be made tl;-afit ~hould have retrospective_ effect Counsel did not say in what way it -••"•-" •--o • - - " ~ " """'-"''" •r----••• " -- · ' ' ' · -•"""" """"- ""-" --·--- \Vas procedural. From Counsels' own submission, the Supplementary Protocol is a law that creates rights) albeit theright ofc!~(::_ess to the Court to ... ,, ~ _i_~~!-~i~~~~s, !1!~~ ' '"'-~"8.'.:12;~;;;,;:• ''• -~~----••-•••• C "' • -•-- ""°--" 0 -••••• " ~ - • • • - • • • - • • - • .... •.••••••••••• ........ ••••••• .. ••••••...... it is substantive law._ By implication too~ since there is nothing on the face of the Supplementary Protocol that it should be retrospecfrve, it should not be given that effect. GoJ11.IQ.fil.~Ftce. 21. The Revised Treatyof 1993 is the supreme law ofECOV✓AS, and it may be called its Constitution. By Article 89 ofthe Revised Treaty, Protocols made pm;suant.thereto s_11aH_frjrl!l _ <3.~~-iD~~g1·al_p_art thereof. '- •--•~ • ' · ' •-•~".""c ··•··- .. ""'-'·•••••·"'~~-"nl" .22. The Community Couit of Justice (CCJ) was established hy virtue of Article 15 (1) of the Revised Treaty .. The status, composition, power, ptoceclure and other is-sues_ concerning the Court are contained in its 1991 Protocol. The competence of the Court is set out in Articles 9 and 10. By Article 32 of the 1991 Protocol, the Court was empowered to establish its · own Rules of Procedure. 23. The 1991 Protocol and the Supplementary ProtocoJ. both set out what jurisdictional competence the Court shall _have. T'he difference in the t,vo is that the co1npetence is more expansive in the Supplementaiy Protocol than .in the 1991 Protocol. - .. --~··••.•···· ·-·• Th;-··siippleinentary Proto~ol did not touch any of th.e . ... •-' 7 Downloaded from worldcourts.com. Use is subject to terms and conditions. See worldcourts.com/terms.htm •••••