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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