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Turning to the second aspect of issue no.3, we reiterate what we have simply observed that it’s not part of the topic material referred for determination beneath Article 30 of the Treaty. Strictly therefore, the pleading in the 4threspondents’ response that the amendments had been made in good faith is extra within the nature of «a cross-reference», which isn’t offered for or envisaged underneath Article 3 The emphasis within the reference and the supporting affidavit is that the modification process was illegal for infringing provisions of the Treaty. The reference was not for willpower whether the amendments have been made in unhealthy faith, however somewhat whether the amendment process didn’t adjust to specified provisions of the Treaty, and subsequently infringed them.
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