11

DECLARATION OF JUDGE OWADA

271

DISSENTING OPINION
OF JUDGE AD HOC DUGARD

Order of 2011 prohibits members of Guardabarranco Environment Movement
(hereinafter GEM) from visiting disputed territory as they qualify as civilian
personnel — Presence of GEM in disputed territory is contrary to object and

purpose of Order of 2011 — Access of GEM to disputed territory poses risk of
irreparable prejudice to Costa Rica.

242

DISSENTING OPINION
OF JUDGE CANÇADO TRINDADE

table of contents

Paragraphs

I. P rolegomena 1-4

II. Provisional Measures of Protection : The Concomitant
New Requests by Costa Rica and Nicaragua 5-7

189

SEPARATE OPINION
OF JUDGE CANÇADO TRINDADE

table of contents

Paragraphs

I. Introduction 1-3

II. “Implied” and “Inherefnt Powers” Revisited : Some Preci -
sions 4-6

172

SEPARATE OPINION
OF JUDGE CANÇADO TRINDADE

table of contents

Paragraphs

I. Introduction 1-3

II. “Implied” and “Inherefnt Powers” Revisited : Some Preci -

sions 4-6

637

DECLARATION OF JUDGE CANçADO TRINDADE

1. The situation which the Court has just faced before delivering the
present Order is far from satisfactory, and the Order itself can hardly fbe
seen as entirely satisfactory either : although it amounts to a step condu -

531

dECLARATION OF JUdgE AD HOC gAJA

505

SEpARATE OpINION
OF JUdgE CANçAdO TRINdAdE

table of contents

Paragraphs

I. Introduction 1-2

II. greece’s Application ffor permission to Intervenfe 3-5

398

DECLARATION OF JUDGE AD HOC GAJA

In deciding on the admissibility of Italy’s counter-claim the Court is
applying for the first time Article 80 of the Rules of Court as amended
with effect from 1 February 2001. Unlike the previous provision, the new
text requires the Court to take a decision “after hearing the parties” also
on an objection raised by the claimant State with regard to the Court’s

329

DISSENTING OPINION

OF JUDGE CANÇADO TRINDADE

TABLE OF CONTENTS
Paragraphs

I. P ROLEGOMENA 1-3

II. THE EMERGENCE OF COUNTER-CLAIMS ININTERNATIONALL EGAL
PROCEDURE 4-9

III. HE RATIONALE OFC OUNTER-CLAIMS ININTERNATIONALL EGAL
PROCEDURE 10-19