complement and reinforce the functions of the African Commission on Human and Peoples' Rights". The Applicant concludes therefrom that all the principles enshrined in the Constitutive Act and the rights enumerated in the Charter will be completely meaningless if they cannot be recognized and defended before a competent Court. 25. In conclusion: The Applicant prays the Court to: - Declare that Article 34{6) of the Protocol is contrary to the spirit and letter of the Constitutive Act and the Charter and is therefore null and void. - Declare that Article 34(6) is null and void because it is already so in light of the jus cogens laws set out in the Charter. B. THE SUBMISSIONS OF THE RESPONDENT 26. As a preliminary objection, the Respondent raises the issue of the admissibility of the Application on the grounds that it is baseless, frivolous, vexatious and amounts to an abuse of process; the Applicant has no capacity to seize the Court being a national of a State which has not yet made the declaration contained in Article 34(6) of the Protocol; it is neither party to the Constitutive Act of the African Union, the Charter nor the Protocol. It cites Article 34 of the Vienna Convention on the Law 1 ofTreatiesinsupportofitsallegations. ~~ ~ 'A t<eaty doe• not """e either obtlg•tlo"' or rlghB lor •trd Stote without '" ron•ent. LJ _ ~0