15
the judgments of the Court should not have an adverse effect on the existing private
rights of the citizens, and deprive them of rights they already enjoyed or impose on
them duties to which the were not already subject”.
57)
The term could be interpreted to mean that provided that, there is no
provision in the Constitution expressly prohibiting the State from accepting the
compulsory jurisdiction of the Court, the recognition of this jurisdiction is complete
and effective. In this sense, the State does not suggest that there are provisions of
the Constitution of Trinidad and Tobago that prohibit the State from accepting the
jurisdiction of the Court.
58)
In light of the various possible interpretations of the term, it appears so
ambiguous that its meaning and scope will depend upon a subjective judgment by
the State as to what provisions of the Constitution are “relevant” and in what respect
the State’s acceptance of the Court’s jurisdiction must be “consistent” with those
provisions, the term, would undermine the Court’s exclusive authority to determine
its own jurisdiction, and thereby also render the term invalid.
59)
The Commission also indicated that the term in the State’s declaration of
acceptance, as it stands and as interpreted by the State, is not authorized by Articles
62 or 75 of the Convention and is incompatible with the Convention’s object and
purpose.
60)
In conformity with Article 62(2) of the Convention, the “declaration may be
made unconditionally, on the condition of reciprocity, for a specific period or for
specific cases”. The State’s “reservation” does not invoke the requirement of
reciprocity, or temporal limitations, nor does it define specific cases in which the
Court will apply its jurisdiction.
61)
Secondly, and in conformity with Article 75 of the Convention and, specifically
Article 19 of the Vienna Convention, the State’s “reservation” is not permitted, as it
is contrary to the object and purpose of the Convention. The “reservation” is also
contrary to general principles of International Law.
62)
Finally, the term, as
Court to interpret and apply
Trinidad and Tobago before
and apply Convention rights
State’s Constitution.
interpreted by the State, would limit the ability of the
certain provisions of the Convention in all cases against
the Court, as it would permit the Tribunal to interpret
only to the extent that such rights are protected in the
63)
The Commission considered that the State’s position ignores the fact that it is
the responsibility of the Court, not the State, to determine whether the domestic
laws of the State, including its Constitution, are consistent with the rights protected
by the Convention. It noted that the Inter-American Court has emphasized that the
issue of jurisdiction in a particular case is one that only the Court, not States parties,
can decide. This clearly extends to the interpretation of the terms included in
declarations of acceptance made by various States parties under Article 62 of the
Convention.
64)
In the abovementioned circumstances, interpreting Article 62 of the American
Convention as authorizing the terms of the State’s acceptance would contravene
Article 29(a) of the Convention because it would effectively permit the State to
violate Articles 4(1), 5(1), and 5(2) of the same with respect to Mr. Hilaire. The