Separate Opinion of Judge Bennouna

172

SEPARATE OPINION OF JUDGE BENNOUNA

Evolution of the customary rule of immunity — Change in the concept of sover ‑
eignty — Link between the law of international responsibility and jurisdictional▯
immunity — Right to have access to justice — Exceptional circumstances allowing

the lifting of immunity — Unity of international law — Mechanical conception of
the judicial task.

Separate opinion of Judge Donoghue

329

SEpARATE OpINION OF JUdgE dONOgHUE

Agreement with rejection of first preliminary objection but disagreement with
Court’s reasoning and methodology — Dispute involving the subject-matter of

CERD pre-dated 9 August 2008 — Imposition of prior notice and prior opposition
requirements contravenes Court’s established jurisprudence — Mischaracterization
of the requirement in South West Africa cases — Disagreement with Court’s
methodology giving no weight to opposing views in Parties’ submission▯s.

Declaration of Judge Skotnikov

235

dECLARATION OF JUdgE SKOTNIKOv

I have voted in favour of the Court’s overall conclusion that it has p
no jurisdiction to entertain the Application filed by georgia on
12 August 2008. I fully concur with the Court’s decision to uphold the
second preliminary objection raised by the Russian Federation. However, p
for the reasons given below, I am unable to support the Court’s decispion

to reject the first preliminary objection raised by Russia.

Separate opinion of Judge Abraham

224

SEpARATE OpINION OF JUdgE ABRAHAm

[Translation]

Agreement with the operative part of the Judgment in its rejection of th▯e first
preliminary objection — Disagreement with the Court’s reasoning in finding the
existence of a dispute between the Parties — Conception of “dispute” alien to that
accepted in the Court’s prior jurisprudence — Mistaken failure to be at all realistic
in identifying a dispute — Failure to determine whether dispute exists as of the

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