1.
We share the majority view within the Court that the latter has jurisdiction to rule
on the issue of the withdrawal by the Respondent State of its declaration made
under Article 34(6) of the Protocol establishing the Court; that the withdrawal in the
instant case is valid; but that it has no effect on the application under consideration,
We also agree with the majority on all the references contained in the corrigendum
attached
to the judgment,
with
regard
both
to the
title of the judgment,
the
corresponding wording of item (iv) of the operative provisions, and, with respect to
paragraph 54 of the judgment.
2.
We however disagree with the majority on the Court's decision stating that "...the
Respondent's withdrawal of its declaration pursuant to Article 34(6) will take effect
one year after the deposit of the notice, that is, on 1 March 2017" [paragraph 69]
(Il). Furthermore, with regard to the reasons given in the judgment, it is our opinion
that despite the adjustment
made
in the corrigendum
to paragraph
54 of the
judgment, the majority’s position on the applicability of the Vienna Convention of 23
May 1969 on the Law of Treaties remains ambiguous (I).
1. On the applicability of the Vienna Convention on the Law of Treaties on
unilateral acts
3.
In considering
whether
declaration made
the
Respondent
State
had
the
right to withdraw
its
under Article 34 (6) of the Protocol establishing the Court, the
latter rightly held in the corrigendum, that"...the Vienna Convention does not apply
directly, but can be applied by analogy, and [that] the Court can draw inspiration
from it when it deems it appropriate" [paragraph 54]. This position is in tandem with
that of the International Court of Justice (ICJ), in the Fisheries Jurisdiction Case
(Spain v. Canada).
Referring to the application of the Vienna Convention in the
interpretation of declarations of acceptance of the compulsory jurisdiction of the
Court, the latter held as follows:
Ne
a)
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