Separate opinion of Judge Higgins

SEPARATE OPINION OF JUDGE HIGGINS

Issues relevantfordiscretion notaddressedby the Court - Elementslacking
for a balancedOpinion -- Violationsof Articles 46 and52 of the HagueRegu-
lations and Articles 49 and 53 of the Fourth GenevaConvention - Disugree-
ment with passagesin the Opinionon se~~deterrninutiorr s,elf-defenceand the
erga omnes principle- limitutionsof thejùctual materialsrelied on.

Dissenting Opinion by M. Alvarez (translation)

DISSENTPNG OPINION BY M. ALVAREZ
[Translation]
I

On November zznd, 1949, the Generâl Assembly of the United
Nations addressed to the International Court of Justice a highly
important Request for an Advisory Opinion to which a satisfactory
answer must be given :what is really involved is the question of
the so-called "right of veto". The discussions which have arisen
in the United Nations concerning the repeated exercise of this
right are well known.

Dissenting Opinion by Judge Read

DISSENTING OPINION OF JUDGE READ

1 am unable to concur in the answer given by the Court to
Question III, or with the reasons by which it is justified, and
feel bound, with regret, to state the reasons for my dissent. As
1 am of the opinion that an affirmative answer should be given
to Question III, it is also necessary for me to state the reasons
which have led me to the conclusion that an affirmative answer
should be given to Question IV.

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