17. In the instant case, the primary ‘rules’ that place obligati0ns
on Partner States would be found in the Treaty, while the ILC
Articles would constitute supplementary rules that enable the
Court determine whether the action or conduct in alleged
contravention of a Treaty provision can be attributed to a
Partner State so as to render it responsible for the alleged
breach.
To that extent, therefore, this Court would in
principle be mandated to apply the ILC’s Articles to disputes
brought before it. The question, however, is the applicability
of the Articles to the present dispute which pits a Partner
State against a private juridical person.
18. The jurisdiction of this Court is clearly spelt out in Articles 27
and 30(1) of the Treaty. Article 27(1) grants the Court
jurisdiction over the interpretation and application of the
Treaty. Article 30(1) of the Treaty then prescribes what
entities may refer a matter to the Court for determination,
the entities against which such matter may be referred and
the causes of action that the Court may adjudicate.
The Article reads:
“Subject to the provisions of Article 27 of this Treaty, any
person who is resident in a Partner State may refer for
determination by the Court, the legality of any Act,
regulation, directive, decision or action of a Partner State or
an institution of the Community on the grounds that such
Act, regulation, directive, decision or action is unlawful or is
an infringement of the provisions of this Treaty.”
The Treaty thus explicitly mandates natural or juridical persons
that are resident in any of the Partner States to refer a dispute
to this Court.
REFERENCE No. 10 OF 2013
Page 10