19
recognize or have recognized such jurisdiction, whether by special declaration
pursuant to the preceding paragraphs, or by a special agreement”.
72)
As this Tribunal has indicated in its judgments on jurisdiction in the Cases of
Constitutional Court and Ivcher Bronstein:
The jurisdiction of the Court cannot be contingent upon events extraneous to its own
actions. The instruments consenting to the optional clause concerning recognition of the
Court’s binding jurisdiction (Article 62(1) of the Convention) presuppose that the States
submitting them accept the Court’s right to settle any controversy relative to its
jurisdiction. An objection or any other action taken by the State for the purpose of
somehow affecting the Court’s jurisdiction has no consequence whatever, as the Court
retains the compétence de la compétence, as it is master of its own jurisdiction7.
73)
Interpreting the Convention in accordance with its object and purpose, the
Court must act in a manner that preserves the integrity of the mechanism provided
for in Article 62(1) of the Convention. It would be unacceptable to subordinate the
said mechanism to restrictions that would render the system for the protection of
human rights established in the Convention and, as a result, the Court’s jurisdictional
role, inoperative.
74)
As this Court has indicated in the Cases of Constitutional Court and Ivcher
Bronstein
[t]he States Parties to the Convention must guarantee compliance with its provisions
and its effects (effet utile) within their own domestic laws. This principle applies not
only to the substantive provisions of human right treaties (in other words, the clauses
on the protected rights), but also to the procedural provisions, such as the one
concerning recognition of the Tribunal’s contentious jurisdiction. That clause, essential to
the efficacy of the mechanism of international protection, must be interpreted and
applied in such a way that the guarantee that it establishes is truly practical and
effective, given the special nature of human rights treaties [...] and their collective
enforcement8.
75)
Article 31(1) of the 1969 Vienna Convention provides that
[a] treaty shall be interpreted in good faith in accordance with the ordinary meaning to
be given to the terms of the treaty in their context and in the light of its object and
purpose.
76)
The Court’s duty, at this stage, is to decide, as the present case requires,
whether Trinidad and Tobago’s “reservation” has the effect of excluding the Court’s
jurisdiction in the manner alleged by the State.
77)
As previously noted, the purported “reservation” contains two parts. The
first intends to limit the recognition of the Court’s compulsory jurisdiction in the
sense that said recognition is only valid to the extent that it is “consistent with the
relevant sections” of the Constitution of Trinidad and Tobago. These expressions can
lead to numerous interpretations. Nonetheless, it is clear to the Court that they
cannot be given a scope that would impede this Tribunal’s ability to judge whether
7
Constitutional Court Case. Competence. Judgment of September 24, 1999. Series C No. 55,
para. 33 and Ivcher Bronstein Case. Competence. Judgment of September 24, 1999. Series C No. 54,
para. 34.
8
Cf. Constitutional Court Case. Competence. Supra note 7, para. 36 and Ivcher Bronstein Case.
Competence. Supra note 7, para. 37.