Individual opinion, partly concurring and partly dissenting, of Judge Robinson

INDIVIDUAL OPINION, PARTLY CONCURRING AND
PARTLY DISSENTING, OF JUDGE ROBINSON
1. In this opinion, I explain the reasons for my disagreement with paragraph 214 (5) of the
Judgment and make observations on other parts.
2. Paragraph 214 (5) of the Judgment reads as follows:
“[The Court] . . . [d]ecides that from Point B, the maritime boundary delimiting
the continental shelf continues along the same geodetic line until it reaches the outer
limits of the continental shelf or the area where the rights of third States may be
affected[.]”

Separate opinion of Judge Abraham

SEPARATE OPINION OF JUDGE ABRAHAM
[Translation]
1. I agree with most of the conclusions reached by the Court in the present Judgment.
2. I am of the opinion that, as the Court notes in paragraph 89 of the Judgment, Somalia has not acquiesced to the maritime boundary claimed by Kenya along the parallel of latitude and that, consequently, there is no boundary that has already been agreed between the Parties. I therefore voted in favour of subparagraph 1 of the operative clause, which states that there is no tacit agreement between the Parties in this regard.

Separate opinion of President Donoghue

SEPARATE OPINION OF PRESIDENT DONOGHUE
Reasons for vote in favour of subparagraph (5) of the dispositive paragraph of the Judgment  Both Parties consider that the Court has sufficient information to delimit the outer continental shelf  However, Court has scant evidence regarding any outer continental shelf  Methodology that achieves an equitable delimitation of the 200-nautical-mile zones does not necessarily result in equitable delimitation of the outer continental shelf.

Annexes

194
DISPUTE CONCERNING ALLEGED VIOLATIONS OF SOVEREIGN RIGHTS AND MARITIME SPACES IN THE CARIBBEAN SEA (NICARAGUA V. COLOMBIA)REPLY OF THE REPUBLIC OF NICARAGUA ANNEXES
195
LIST OF ANNEXES
ANNEX
No.
NICARAGUAN DOCUMENTS PAGE
1 Note Verbale from the Permanent Mission of Nicaragua to the
United Nations Secretary General MINIC-NU-037-13,
23 September 2013
199
2 Daily Navy Reports 2015-2017 207
3 Letter from the Navy to the Commander in Chief of the Army
JFN-523-2016, 29 August 2016
235

Links