State, imposing the aforementioned sanctions, is contrary to the Convention and, therefore, has generated international responsibility. 28 The mentioned ruling conforms, therefore, to the nature of the jurisprudence,29 without attempting to generate, in practice, a new regulation, different and contradictory to that provided in Article 23(2) of the Convention, namely, the Judgment has proceeded by establishing the direction and scope of the latter according to the only possible alternative application. The Judgment for which I render this opinion is, therefore and simply, the expression of the realization, in a specific case submitted before the Court,30 of the judicial function that has been conferred upon the Court, for which it does not have the authority to change that provided in the Convention, a role that is assigned specifically to the States Parties, 31 in keeping, moreover, with the provisions of General International Law32 and that, without doubt, must be carried out pursuant to standards that are more broad than those that refer exclusively to the Administration of Justice. EVG. 28 Art. 12 of the the draft articles to responsibility of States for internationally wrongful acts preparted by the ILC of the UN “There is a breach of an international obligation by a State when an act of that State is not in conformity with what is required of it by that obligation, regardless of its origin or character..” 29 Art. 38(1)(b) of the Statute of the International Court of Justice: “ The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: b. international custom, as evidence of a general practice accepted as law…. subject to the provisions of Article 59… as subsidiary means for the determination of rules of law.” Art. 59 of the same text: “The decision of the Court has no binding force except between the parties and in respect of that particular case..” 30 See note Nº 29. 31 Art. 76(1): “Proposals to amend this Convention may be submitted to the General Assembly for the action it deems appropriate by any State Party directly, and by the Commission or the Court through the Secretary Gener.” Art. 77(1): “In accordance with Article 31, any State Party and the Commission may submit proposed protocols to this Convention for consideration by the States Parties at the General Assembly with a view to gradually including other rights and freedoms within its system of protection.” 32 Art. 39, first phrase, of the Vienna Convention: “A treaty may be amended by agreement between the parties. The rules laid down in Part II apply to such an agreement except insofar as the treaty may otherwise provide” 5

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