DISSENTING OPINION OF JUDGE DONOGHUE
There are compelling reasons for the Court to exercise its discretion not to render Advisory Opinion — Advisory Opinion has effect of circumventing absence of United Kingdom consent to judicial settlement of dispute with Mauritius regarding sovereignty over Chagos Archipelago.
JOINT DECLARATION OF JUDGES CANÇADO TRINDADE AND ROBINSON
SEPARATE OPINION OF JUDGE CANÇADO TRINDADE
Table of Contents
Paragraphs
I. Prolegomena. .................................................................................................................................. 1
II. The Long-Standing United Nations Acknowledgment of, and Commitment to, the Fundamental Right to Self-Determination of Peoples. ................................................................. 6
1. U.N. General Assembly Resolutions along the Fifties. ............................................................. 9
DECLARATION OF JUDGE ABRAHAM
[Translation]
I have some reservations about how the Advisory Opinion deals with the principle of
“territorial integrity” in the context of the decolonization process. This question is addressed in
paragraphs 153 to 160 of the Advisory Opinion. The Court’s discussion of it is, in my view,
somewhat ambiguous. For this reason, I wish to set out below my opinion on this subject.
I agree, in principle, with the idea that respect for the territorial integrity of a non-selfgoverning
DECLARATION OF JUDGE TOMKA
DECLARATION OF VICE-PRESIDENT XUE
1. While I am in full agreement with the Advisory Opinion of the Court, I wish to highlight some aspects with regard to the application of the non-circumvention principle in this advisory opinion case.
LIST OF ANNEXES
Annex 1 Mohammed Ajmal Mohammad Amir Kasab v State of
Maharashtra, Supreme Court of India, Criminal Appeal
No. 1899-900 of 2011
Full judgment available at:
http://supremecourtofindia.nic.in/jonew/judis/39511.pdf
Annex 2 Mohd. Arif v Registrar, Supreme Court of India & Others,
Supreme Court of India, Writ Petition (Crl). No. 77 of 2014
Full judgment available at: