Regarding the problem relating to the application of the regulatory framework of the Convention (point (a) above), Judge Owada asserts that good faith on the part of the Contracting State has necessarily to be presumed. According to Judge Owada, the function of the Court in this respect is to see to it that the State in question is pursuing its activities in good faith and in accordance with the requirements of the regulatory régime for the purposes of scientific research that is conducive to scientific outcomes which would help promote the object and purpose of the Convention. Judge Owada states, however, that the programme’s design and implementation should by its nature not be the proper subject of review by the Court. Judge Owada notes that Article VIII expressly grants to the Contracting Government the primary power to decide on this.