SEPARATE OPINION OF JUDGE AD HOC
SREENIVASA RAO

DISSENTING OPINION OF JUDGE AD HOC DUGARD

Malaysia has original title to Pedra Branca/Pulau Batu Puteh — Construc-
tion of Horsburgh lighthouse did not alter situation — 1953 correspondence of
uncertain meaning and authorization — Failure of Singapore to publicize 1953

DECLARATION OF JUDGE BENNOUNA

[Translation]

1. Although I voted in favour of the operative clause of the Judgment,

I am not entirely convinced by all the Court’s reasoning. That is why I
thought it might be useful to explain my thinking by means of this dec-
laration.
2. In general, whenever the Court has had to rule on a territorial dis-
pute rooted in the colonial period of which the current protagonists are
more or less victims, it has been faced with a real dilemma. This is why it

JOINT DISSENTING OPINION OF JUDGES
SIMMA AND ABRAHAM

[Translation]

SEPARATE OPINION OF JUDGE PARRA-ARANGUREN

Operative clause of the Judgment — Interpretation of the 1953 correspon-
dence — Examination of the conduct of the Parties after 1953 — Sovereignty
over South Ledge — Final considerations.

I

1. In paragraph 300 of the Judgment, the majority of the Court finds
that sovereignty over Pedra Branca/Pulau Batu Puteh belongs to the
Republic of Singapore (subpara. 1); that sovereignty over Middle Rocks

DECLARATION BY JUDGE RANJEVA

[Translation]

Notion of law prevailing at the time — Relations between Johor and the Brit-
ish Crown — Notion of non-“civilized” “nation” — Hence: lack of valid acqui-
escence by the Sultan of Johor — Malaysia’s conduct in the post-colonial

period — Transfer of title.

1. The present Judgment raises no substantive objection: Malaysia’s
immemorial historic title to Pedra Branca/Pulau Batu Puteh has received
adequate consideration and the exercise of sovereignty over that island

DISSENTING OPINION OF JUDGE AJIBOLA

Introduction - Lake Chad - Lake Chad and the work of the LCBC -
Delimitation and demarcation - Lake Chad Basin: effectivitésand historical
consolidation - Bakassi Peninsula - Severability of Articles XVIII-XXII of
the Agreement of 1913 - The 1884 Treaty - Historical consolidation and

effectivitésin Bakassi - The question of legal title - Maritime delimitation -
Maroua Declaration - State respnnsihility - Conclusion.

SEPARATE OPINION OF JUDGE MBAYE

[Translation]

General cons ide ratio,^^deemed helpfulfor a better hnderstanding of the dis-
pute - Applicability of the Thomson-Marchand Decltrration - Delimitationl
demarcation - Effectivités and legal title - Purpose and value of colonial
treaties - Nature of treaties of protection - Legal value of Maroua Declara-
tion - Court'sjurisprudence on maritime delimitation, application - Repara-

SEPARATE OPINION OF JUDGE AL-KHASAWNEH

Nigerian actions, omissions und other stutements leave no room jOr doubt

regarding recognition of Cameroonian sovereignty in Bakassi - Resort to other
sources of title unnecessury, also unfortunate - Moral difJiculties of reconciling

DECLARATION OF JUDGE REZEK

[Translation]

It is rare to find in classic international law propositions as flimsy -
and as inadmissibly so in moral terms - as those which would have it