13
[i]f, within a period of three months from the date of the transmittal of the report of the
Commission to the states concerned, the matter has not either been settled or
submitted by the Commission or by the state concerned to the Court and its jurisdiction
accepted, the Commission may, by the vote of an absolute majority of its members, set
forth its opinion and conclusions concerning the question submitted for its consideration.
(emphasis added)
33)
Trinidad and Tobago maintained that the Confidential Report No. 128/99,
issued pursuant to Article 50 of the Convention, was submitted to the State on
November 22, 1999. Consequently, the three-month time period stipulated in Article
51(1) expired on February 22, 2000, and the Court should therefore have accepted
jurisdiction on the matter before that date. However, the State received notification
that the Court had “accepted jurisdiction” on April 14, 2000.
Arguments of the Commission
34)
The Commission stated that the phrase “its jurisdiction accepted” in Article
51(1) of the Convention cannot be interpreted so as to require the Court to make an
express act of acceptance of jurisdiction in each application, much less to require it
to do so within the three-month period prescribed in the article.
35)
The Commission also argued that the interpretation of Article 51(1) of the
Convention advocated by the State would not accord with the ordinary meaning of
the terms of the provision in their context, or with the object and purpose of the
Convention. It would be inconsistent with other provisions of the Convention, the
Court’s Statute, and the Court’s procedure and jurisprudence.
36)
It added that the State’s interpretation of Article 51(1) of the Convention
would necessarily require the Court to make a determination as to whether it has
jurisdiction to entertain a case within the same three-month period prescribed for the
Commission or a State to submit a matter to the Court. Such an interpretation is
plainly not viable, as it would inevitably provide parties with insufficient time to raise
preliminary objections, for a hearing on preliminary issues, or for the Court to make
a determination respecting its jurisdiction in a given case. As a consequence, the
Court would lose jurisdiction in most, if not all, of the cases submitted to it. Such an
interpretation of Article 51(1) would be irrational in the context of the Convention as
a whole, and is plainly contrary to the object and purpose of the Convention.
37)
Interpreting Article 51(1) as speaking to the acceptance by the State of the
Court’s compulsory jurisdiction under Article 62 of the Convention, on the other
hand, is consistent with the Convention’s object and purpose, and is reinforced by it,
the Court’s Statute, and the procedure and jurisprudence of the Court. Article 61 of
the Convention, for example, expressly contains instructions to comply with Articles
48 to 50, but not Article 51, as a precondition for the Court to hear a case.
Similarly, Article 2 of the Statute defines the Court’s compulsory jurisdiction in terms
of Articles 61, 62, and 63, but not Article 51, of the Convention.
38)
Further, the Commission indicated that Article 36 of the Court’s Rules of
Procedure provides a period of two months from the date of notification of an
application for parties to raise preliminary objections, and a further thirty days for
the submission of any additional written briefs on the preliminary objections. The
timing of this process is clearly incompatible with an interpretation of Article 51(1)
that would require preliminary objections to be filed within three months of the date