56.
Regarding the rules governing recognition of jurisdiction of international courts,
the Court notes that related declarations are generally optional in nature. This
is illustrated by the provisions relating to the recognition of jurisdiction of the
International Court of Justice4 , the European Court of Human Rights 5 and the
Inter-American Court of Human Rightss.
57.
The Court is of the view that the declaration provided under Article 34(6) is of a
similar nature to those mentioned above. This is because although the
declaration emanates from the Protocol, its making is optional in its nature. As
such, and being unilateral, the declaration is separable from the Protocol and is
therefore subject to withdrawal independently of the Protocol.
58.
The Court is also of the view that the optional nature of the declaration and its
unilateral character stem from the international law principle of state
sovereignty. As far as unilateral acts are concerned, state sovereignty
commands that states are free to commit themselves and that they retain
discretion to withdraw their commitments.
59.
As a consequence, the Court holds that the Respondent is entitled to withdraw
its declaration pursuant to Article 34(6) and that such withdrawal is valid under
the Protocol.
C.
60.
Conditions of the withdrawal
In respect to conditions of withdrawal, the Court notes that even if withdrawal of
the declaration under Article 34(6) is unilateral, the discretionary character of
the withdrawal is not absolute. This is so particularly regarding acts that create
rights to the benefit of third parties, the enjoyment of which require legal
certainty.
4
See Article 36(2) of the Statute of the International Court of Justice.
See Article 46 of the European Convention on Human Rights of 1950 and before the entry into force
of Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms,
restructuring the control machinery established thereby.
6 See Article 62(1) of the American Convention on Human Rights.
5
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