41.
The Applicant argues further that "the goal of demanding advance notice of
withdrawal is to discourage opportunistic defections that may cause treatybased cooperation to unravel." The Applicant cites the examples of the
European Convention on Human Rights and the American Convention on
Human Rights which provide for notice periods of six months and one year,
respectively. The Applicant requests the Court to consider these comparative
treaties and apply their principles by analogy.
42.
The Applicant takes the view that the Respondent's withdrawal has no effect on
pending cases based on the principle of non-retroactivity. The Applicant argues
further that allowing the Respondent to withdraw from proceedings before the
Court at this stage would offend the principle of legality. In support of this
argument, the Applicant cites Article 70(1)(b} of the Vienna Convention which
provides that the termination of a treaty, unless otherwise agreed, does not
affect any preexisting obligation or legal situation. The Applicant states that
complaints submitted after the withdrawal would still be admissible to the extent
that they address State action during the period when the State was still bound
by the convention.
V.
43.
Submission of the Coalition
The Coalition focused on two issues, namely: whether the Respondent was
entitled to withdraw its declaration and the legal effects on pending proceedings
of such withdrawal. The Coalition is of the view that in the absence of express
provisions for withdrawal of declarations in the Protocol, the provisions of Article
56 of the Vienna Convention may apply. The Coalition asserts that the rules that
govern treaties also apply to the acceptance of the jurisdiction of courts, and as
such, the Court should interpret the Respondent's withdrawal in light of the
provisions of the Vienna Convention.
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