8
34.
It follows that the original period of three months was extended by the
Commission at the request of Peru. In accordance with elementary principles of
good faith that govern all international relations, Peru cannot invoke the expiration of
a time-limit that was extended at its own behest. Therefore, the Commission’s
submission of the case cannot be deemed to have been untimely; on the contrary,
the matter was submitted within the period granted to the Government at its own
request (See Velásquez Rodríguez Case, Preliminary Objections, supra 30,
para. 72; Fairén Garbi and Solís Corrales Case, Preliminary Objections,
supra 30, para. 72; and, Godínez Cruz Case, Preliminary Objections, supra
30, para. 75).
35.
Peru cannot now also assert, as it did at the hearing, that the Commission
lacked jurisdiction to grant the extension of the three month period which the
Government itself had requested, since principles of good faith dictate that one may
not request something of another and then challenge the grantor’s powers once the
request has been complied with.
V
Now, therefore,
THE COURT,
by four votes to one,
rejects the objections interposed by the Government of Peru.
Jorge E. Orihuela-Iberico, ad hoc Judge, dissenting.
Done in Spanish and English, the Spanish text being authentic. Read at the public
hearing held at the seat of the Court in San Jose, Costa Rica, on December 11, 1991.
Héctor Fix-Zamudio
President
Thomas Buergenthal
Rafael Nieto-Navia
Julio A. Barberis
Iberico
Jorge E. Orihuela-
Manuel E. Ventura-Robles
Secretary
So ordered,
Héctor Fix-Zamudio