Dissenting opinion of Judge Xue

712

dISSENTINg OpINION OF JUdgE XUE

To my deep regret, I dissent from the decision of the majority of the
Court to exercise jurisdiction in this case. Since the matter bears on tkreaty
interpretation and judicial propriety, I shall explain my position.

I. Relationship betweenk Article11, paragraph 1,
and Article 5, paragraph 1, of the Interim Accord

Declaration of Judge Bennouna

709

dECLARATION OF JUdgE BENNOUNA

[English Original Text]

Exceptio non adimpleti contractus — Synallagmatic obligations — Counter ‑
measures — Role of the judge — Dynamic analysis of international law.

my aim, in this declaration, is simply to point out that the Court has
chosen to evade certain key legal issues raised and discussed at length kby

Declaration of Judge ad hoc Guillaume

121

DECLARATION OF JUDGE AD HOC GUILLAUME

[Translation]

Maritime boundary deriving from tacit agreement between Peru and Chile
extending up to 80 nautical miles along parallel of latitude — Remaining boundary
to be determined in accordance with customary international law — Starting­
points of maritime and land boundaries not coinciding — Consequences.

1. Peru filed an Application with the Court against Chile which had a

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