SEPARATE OPINIOX OF JGDGE
SIR HERSCH LAUTERPACHT

SEPARATE OPINION OF JUDGE KLAESTAD

1 share the view that the request for the indication of provisional
measures must be declined, but for different reasons, which 1 shall
briefly outliné in a general way without mentioning details.

DISSENTING OPINION OF JUDGE SEPU uLVEDA-AMOR

Agreement with most of the reasoning and most of the decisions — Regret
that Court did not settle issues incontrovertibly characterized by a degree of
opacity — Implicit recognition by the Court that a dispute exists — Interpre-

DECLARATION OF JUDGE ABRAHAM

[Translation]

I have voted in favour of all but one of the points in the operative

clause of the present Judgment.
The point in question is the third one, on which, much to my regret, I
have had to stand apart from all my colleagues.
I believe it necessary to explain why in a few lines.
In point (3) of the operative clause the Court

DECLARATION OF JUDGE KOROMA

Article 60 of the Statute — Existence of a dispute concerning whether review
and reconsideration must be effective — Existence of a dispute as to whether
obligation imposed by Avena paragraph 153 (9) is subject to domestic imple-

mentation — Court’s Judgment should be interpreted to mean that the subject-
matter of these disputes is not addressed in Avena paragraph 153 (9) — Avena
Judgment remains binding under Article 94 of the Charter.

156

SEPARATE OPINION OF JUDGE AD HOC DAUDET

[Translation]

149

SEPARATE OPINION
OF JUDGE AD HOC MAHIOU

[Translation]

134

SEPARATE OPINION OF JUDGE YUSUF

Uti possidetis juris and the OAU/AU principle on respect of borders are neither
identical nor equivalent — The Cairo Resolution and founding instruments of the
OAU and AU do not refer to uti possidetis juris — The two principles must be
distinguished in light of their different origins, purposes, legal scope▯ and nature —
The Court should have cleared up this confusion — The OAU/AU principle is not

97

SEPARATE OPINION
OF JUDGE CANÇADO TRINDADE

table of contents

Paragraphs

I. Prolegomena 1-5

II. Provisions of Treatiesb after Independence i1960 Express-

ing Concern with the Lobcal Populations 6-10

94

DECLARATION OF JUDGE BENNOUNA

[English Original Text]

Place of colonial law (French droit d’outre-mer) — Scope of the principle of
uti possidetis juris — Consequences of the course of the frontier established by
reference to colonial law — Evolution of the concept of sovereignty — Taking
account of the evolution of the human and geographical realities.