Dissenting opinion of Judge Salam

DISSENTING OPINION OF JUDGE SALAM
Vote against the operative part of the Judgment  Disagreement with the reasoning of the Court concluding that no obligation to negotiate can be inferred from the documents presented by the Parties  Agreement with the conclusion that the conditions for the application of the principles of estoppel, acquiescence and legitimate expectations are not satisfied  Existence of an obligation of conduct and not an obligation of result.

Dissenting opinion of Judge Robinson

DISSENTING OPINION OF JUDGE ROBINSON
Treaty  Article 2 (1) (a), VCLT  “Governed by International Law”  Intention to be bound under international law  How an expression of willingness takes on the character of a legal obligation  The 1960 Trucco Memorandum and Bolivian response constitute a treaty within the meaning of the VCLT  1975 and 1977 Charaña Declarations constitute a treaty within the meaning of Article 2 (1) (a) of the VCLT  Chile has a legal obligation to negotiate Bolivia’s sovereign access to the Pacific Ocean.

Annexes

Annex 1. Vienna Convention on Diplomatic Relations, 18 April 1961
The States Parties to the present Convention,
Recalling that peoples of all nations from ancient times have recognized the status
of diplomatic agents,
Having in mind the purposes and principles of the Charter of the United Nations
concerning the sovereign equality of States, the maintenance of international peace and
security, and the promotion of friendly relations among nations,
Believing that an international convention on diplomatic intercourse, privileges

Annexes

INTERNATIONAL COURT OF JUSTICE
LEGAL CONSEQUENCES OF THE SEPARATION OF THE
CHAGOS ARCHIPELAGO FROM MAURITIUS IN 1965
(REQUEST FOR ADVISORY OPINION)
Written Comments of the Republic of Mauritius
VOLUME II
(Annexes 201–235)
15 May 2018

Annexes

INTERNATIONAL COURT OF JUSTICE
LEGAL CONSEQUENCES OF THE SEPARATION OF THE
CHAGOS ARCHIPELAGO FROM MAURITIUS IN 1965
(REQUEST BY THE UNITED NATIONS GENERAL
ASSEMBLY FOR AN ADVISORY OPINION)
ANNEXES 90 - 115
THE UNITED KINGDOM OF GREAT BRITAIN AND
NORTHERN IRELAND
VOLUMES 4 & 5
14 MAY 2018

Annexes

LEGAL CONSEQUENCES OF THE SEPARATION OF THE CHAGOS
ARCHIPELAGO FROM MAURITIUS IN 1965
(REQUEST FOR ADVISORY OPINION)
ORDER OF 14 JULY 2017
ORDER OF 17 JANUARY 2018
INDEX OF EXHIBITS TO THE
WRITTEN STATEMENT OF
THE AFRICAN UNION
1 March 2018
INDEX
Exhibit No. Title Date
1 Constitutive Act of the African Union 11 July 2000
2 OAU Charter 25 May 1963
3 African Charter on Human and Peoples’ Rights,
(Adopted 27 June 1981, OAU Doc. èCAB/LEG/67/3
rev. 5, 21 I.L.M. 58 (1982), entered into force 21

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