"The Court observes that the provisions of that Convention may only apply analogously to the extent compatible with the sui generis character of the unilateral acceptance of the Court's jurisdiction.” 4. However, deciding on the issue of the date from which the withdrawal of the declaration takes effect — an issue which we will later consider -, the majority states tersely and without any explanation, that, they are inspired, inter alia, by the practice of “the notice period [of one year] provided for, pursuant to Article 56 (2) of the Vienna Convention” [paragraph 65). 5. In so doing, the Court gives no indication as to the "analogical" application which it postulates in amended paragraph 54 of the judgment. Even if it states that it is simply "inspired" by Article 56 (2) of the Vienna Convention, it still gives the strong impression that the said Article applies directly. This is in contradiction with its principled position expressed in the amended paragraph 54 of the judgment. 6. From our point of view, in reaching its conclusion, the Court should have explained how the situation relating to the withdrawal of a declaration is analogous to that of withdrawal from an inter-State convention with regard to the period of notice, which it absolutely failed to do. 7. Therefore, the least that can be said is that the Court has not cleared all the ambiguities with regard to the applicability of the Vienna Convention on the Law of Treaties to unilateral acts of States, such as the optional declaration recognizing the jurisdiction of the Court to receive applications from individuals and NGOs. It failed to provide the necessary clarifications on a subject on which it was supposed to establish case-law. ll. On the date of entry into force of the withdrawal of the declaration 8. The Court is of the view that the withdrawal of the declaration must be subject to a period of notice, and the majority adds that in this case the applicable period of notice shall be one year from the date of deposit of the withdrawal. 1 Judgment of 4'" December 1998, Jurisdiction of the Court, /C/ Reports 1998, p.453, paragraph 46. 2 This article states as follows: “2. A party shall give not less than twelve months’ notice of its intention to denounce or withdraw from a treaty under paragraph 1”. ; NG 27, / E— /

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