Declaration of Judge Oda

DECLARATION OF JUDGE ODA

While 1voted in favour of the Order, it should in my view have been
made known that the Court,for reasons best known to itself,has approved

the composition of the Chamber entirely in accordance with the latest
wishesof the Parties asascertained pursuant to Article 26,paragraph 2,of
the Statute and Article 17,paragraph 2, of the Rules of Court.

(Signed) Shigeru ODA.

Declaration by Judge ad hoc Sir Garfield Barwick (as appended immediately after the order)

538 NUCLEAR TESTS (ORDER 20 XII 74)

which the Order is based: because Fiji, which is not a party to the 1928
Act and to the optional clause system, has failed to invokein its applica-
tion any title ofjurisdiction in relation to France.
In my view, in order to be entitled to intervene under Article 62 of the

Declaration by Judge Jiménez de Aréchaga (as appended immediately after the order)

537 NUCLEAR TESTS (ORDER 20 XII 74)

has sheinvoked any basis ofjurisdiction vis-à-visFrance in her request to
intervene.

The Court should have decided upon this request itself as required by
Article62ofthe Statute ofthe Court and should, in my view,have rejected
iton the ground that the condition ofreciprocity ofan obligation to accept
the Court's jurisdiction was wholly absent between Fiji and France.

Judges DILLARD and Sir Humphrey WALDOCm Kake the following
joint declaration:

Joint declaration by Judges Dillard and Sir Humphrey Waldock (as appended immediately after the order)

537 NUCLEAR TESTS (ORDER 20 XII 74)

has sheinvoked any basis ofjurisdiction vis-à-visFrance in her request to
intervene.

The Court should have decided upon this request itself as required by
Article62ofthe Statute ofthe Court and should, in my view,have rejected
iton the ground that the condition ofreciprocity ofan obligation to accept
the Court's jurisdiction was wholly absent between Fiji and France.

Judges DILLARD and Sir Humphrey WALDOCm Kake the following
joint declaration:

Declaration by Judge Onyeama (as appended immediately after the order)

536 NUCLEAR TESTS (ORDER 20 XII 74)

Unanimously,

Finds that the Application of the Governrnent of Fiji for permission to
intervene in the proceedings instituted by New Zealand against France
lapses, and that no further action thereon is called for on the part of the
Court.

Done in English and in French, the English text being authoritative,
at the Peace Palace, The Hague, this twentieth day of December, one

Dissenting Opinion of Judge Stassinopoulos (translation)

DISSENTING OPINION OF JUDGE STASSINOPOULOS

[Translation]

To my great regret, 1 am unable to associate myself with the Order.
Exercising therefore the right conferred upon me by Article 57 of the
Statute, 1venture to indicate the reasons for my dissent.
The request by Greecefor the indication of interim measures of protec-
tion must be viewed, first of all, from the angle of two indisputable
principles of the internationallaw of the sea.

Separate Opinion of Judge Tarazi (translation)

SEPARATE OPINION OF JUDGE TARAZI

[Translation]

1voted in favour ofthe Order adopted bythe Court. 1think it necessary,
however, to express my separate opinion on two essential points which,
in my view, are particularly important:

(1) the Court's jurisdiction;
(2) the role of the Court as an organ of the United Nations and its place
in the process of peaceful settlement of international disputes.

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