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DSR 11C
of the words used. It is in any event required that the words used be interpreted in their context and in the light of the object and purpose of the treaty (see below).
10. It should be noted that there is nothing in the words of the second sentence of Article 7 which explicitly indicates anything other than an undertaking not to do
This is tantamount to a prohibition.
something.
To assert
on the basis of this provision that any third State may claim cabotage rights following a grant by one State to another requires reading into the provision words that are not there. Nor does it follow from the fact that rights in a given case are not granted "on an exclusive basis" that others secking such rights will be able to satisfyther requirements. that may legitimately be imposed, even without wing the-
Loing initial grant "exclusive".
11.
>
Even if, arguendo, it is accepted that "specifically" has the meaning attributed to it in paragraph. 9 above, the word "exclusive" still requires to be given an interpretation. For interpretation (a) assumes that a grant of rights which is not exclusive entitles all others to similar rights. While a grant on an exclusive basis may give a right to exclude all others, it does not follow that a grant that is not exclusive necessarily admits all others but merely . that they are not all excluded. Funtry Someone who is not excluded is not necessarily included; not being excluded may merely mean that one's request is to be considered rather than rejected a priori, or that negotiation in the normal way is not ruled out, ie as in interpretation (d) above.
12. For the sake of completeness it should be mentioned that the plain meaning of the words used would require consideration of whether "exclusive" does have the meaning of "excluding all others". By analogy with the well-known distinction in patent licensing, a grant of, rights on an
"exclusive" basis could exclude the grantor, in contrast
/with a "sole"
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