raised yet another preliminary point that the Reference is timebarred.
16.
It was agreed at the aforesaid Conference that evidence would be
by way of affidavits.
17.
The parties also agreed to file written submissions in respect
of which they would make oral highlights at the hearing.
18.
The parties noted that the case presented no possibility of
mediation, conciliation or settlement.
DETERMINATION OF THE ISSUES BY THE COURT
19.
Applicable Rules and Principles for Interpretation:
The Court has constantly stated that the Treaty, being an
international treaty, is subject to International Law of Treaties,
specifically Article 31(1) of the Vienna Convention on the Law of
Treaties which has set out the general rule in the interpretation
of treaties, that a treaty shall be interpreted in good faith and in
accordance with the ordinary meaning to the terms of the Treaty
in their context, and in the light of the object and purpose.
We shall apply the above principles in deciding the case before
the Court and in addition, we shall be guided by relevant
provisions of the Treaty governing the Court’s jurisdiction.
Issue No.1:
Whether the Court is vested with the jurisdiction
to entertain this Reference
SUBMISSIONS
20.
In his oral submissions, Counsel for the Applicant argued that,
REFERENCE NO.3 OF 2012
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