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the said Constitution. However, by virtue of the principle set out in Article 26 of the
Vienna Convention, this does not exempt the State from its duty under international
law; to the extent that such a provision purports so to do, it constitutes a clear
breach of the relevant international obligations.
Countries that enter voluntarily and sovereignly into treaties cannot pick and
choose which treaty obligations to obey and which to flout. Even where reservations
are entered, it is clearly settled international law and practice that such reservations
must not be “incompatible with the object and purpose of the treaty”. (Vienna
Convention: Article 19).
Trinidad and Tobago has exercised its sovereign right to denounce and
withdraw from the Convention. No State, however, having committed itself to an
international agreement, can in good faith refuse to abide by those obligations which
it unambiguously undertook to honour during the period of the treaty’s validity. This
would make a mockery of international law and, in the particular case of human
rights treaties, would undermine a regime of international concern for the individual
human being that dates back at least to the Universal Declaration of Human Rights.
That there is emerging a clear tendency on the part of Commonwealth
Caribbean states in this dismal direction, with its implications for the integrity and
inclusiveness of the Inter-American system, is a matter of the very gravest concern.
Oliver Jackman
Judge
Pablo Saavedra Alessandri
Secretary
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