Declaration of Judge ad hoc Callinan

567

DECLARATION OF JUDGE AD HOC CALLINAN

1. I have voted in favour of the Order. There are, however, observa ‑
tions that I wish separately to make.
2. Australia has submitted that any Order that the Court now makes
should be dispositive of the whole proceedings brought by Timor‑Leste.

In my opinion, the Court does not have before it sufficient material, alnd
has not received submissions detailed enough to enable a properly
informed decision to be made in respect of that submission by Australia.l
3. One reason why this is so may be because Timor‑Leste’s outstand ‑
ing claims (if any) require for their consideration further and more elxplicit

articulation.
4. Having regard to the desirability of prompt and efficient final reso ‑
lution of all justiciable disputes, I would favour the taking of all neclessary
steps, whether or including by such articulation or otherwise, by both
Parties to bring the proceedings in this Court to a conclusion.

5. I would emphasize, however, that this declaration is not intended as
an impediment in any way, to the resolution of the dispute by the Partiels
without further recourse to the Court.

(Signed) Ian Callinan.

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5 CIJ1078.indb 158 27/04/16 08:52