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We think that is the interpretation that gives full that means to the context of the Treaty. It is frequent information that the non-public sector and civil society participated in the negotiations that led to the conclusion of the Treaty among the Partner States and, as we now have simply observed, that they proceed to take part in the making of Protocols theret We also maintain that the aim for which Article 26 was amended constituted infringement of Article 38 of the Treaty. In the result, we hold that the shortage of people’s participation within the impugned amendment process was inconsistent with the spirit and intendment of the Treaty normally, and that specifically, it constituted infringement of ideas and provisions in Articles 5 , and seven .
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