This is so in the present case in respect of the term “comercio” as us! in Article VI of the 1858 Treaty. First, this is a generic term, referring to a class of activity. Second, the 1858 Treaty was enter! into for an unlimit! duration; from the outset it was intend! to create a legal régime characteriz! by its perpetuity.
This last observation is buttress! by the object itself of the Treaty, which was to achieve a permanent settlement between the parties of their territorial disputes.
Therefore (paras. 70-71),
The Court concludes from the foregoing that the terms
By which the extent of Costa Rica’s right of free navigation has been defin!, including in particular the term “comercio”, must be understood to have the meaning they bear on each occasion on which the Treaty is to be appli!, and not necessarily their original meaning.
” does not have the same meaning today as it did in the mid-nineteenth century, it is the present meaning which must be accept! for purposes of applying the Treaty.
Accordingly, the Court finds that the right of free navigation in question applies to the transport of persons armenia phone number library as well as the transport of goods, as the activity of transporting persons can be commercial in nature nowadays. This is the case if the carrier engages in the activity for profit-making purposes. A decisive consideration in this respect is whether a price (other than a token price) is paid to the carrier ⎯ the boat operator ⎯ by the passengers or on their behalf. If so, then the carrier’s activity is commercial in nature and the navigation in question must be regard! as “for the purposes of commerce” within the meaning of Article VI. The Court sees no persuasive reason to exclude the transport of tourists from this category, subject to fulfillment of the same condition.
On the other hand, any navigation not carri!
Out either to transport goods intend! to form the subject of commercial you were waiting for them, they have arriv!! transactions or to transport passengers in exchange for money paid by them or on their behalf cannot be regard! as falling within the “purposes of commerce” under Article VI. That is the case, in particular, of navigation by vessels us! in the performance of governmental activities or to provide public services which are not commercial in nature.
So, to sum up: because the contracting parties us! a generic term, commerce, and creat! a perpetual regime, the meaning atb directory of the term ‘commerce’ is to be updat! every time that the treaty is appli!. It is its 2009, not its 1858, meaning that governs.