188

SEpARATE OpINION OF JUdgE SImmA

The Court is wrong in concluding that the “dispute” between Georgi▯a and the

183

SEpARATE OpINION OF JUdgE KOROmA

Compliance with terms and conditions in compromissory clause mandatory i▯n
order for Court to be able to exercise jurisdiction — Need for a link between
dispute and substantive provisions of treaty invoked — Importance of the
Convention against Racial Discrimination — Inter-State dispute resolution
mechanism for alleged breach — Second preliminary objection by Respondent —
Article 31 of Vienna Convention on the Law of Treaties — CERD compromissory

181

dECLARATION OF vICE-pRESIdENT TOmKA

[English Original Text]

I am largely in agreement with the Court’s Judgment and, accordingly,
I have voted in favour of its overall conclusion that the Court lacks jupris-

170

SEpARATE OpINION OF pRESIdENT OWAdA

Task of the Court at the preliminary objections proceedings — Existence of a
“dispute” for jurisdictional purposes — Existence of a dispute relating to the
interpretation or application of CERD at the time of filing — Essential nature of
the dispute brought by Georgia.

general Observations

1. I have voted against the final conclusion of the Judgment that it

142

JOINT dISSENTINg OpINION OF pRESIdENT OWAdA,
JUdgES SImmA, ABRAHAm ANd dONOgHUE

ANd JUdgE AD HOC gAJA

[English Original Text]

417

dECLARATION OF JUdgE AD HOC gAJA

414

dISSENTINg OpINION OF JUdgE dONOgHUE

402

JOINT dISSENTINg OpINION OF JUdgES CANÇAdO
TRINdAdE ANd YUSUF

393

dECLARATION OF JUdgE KEITH

1. I agree with the conclusions the Court reaches, essentially for the
reasons it gives. This declaration addresses one aspect of those reasonss.

2. For nearly 90 years, the International Court of Justice and its prede-

384

dISSENTINg OpINION OF JUdgE ABRAHAm

[Translation]