INTERNATIONAL COURT OF JUSTICE

Volume III - Annexes 46-72

INTERNATIONAL COURT OF JUSTICE
CASE CONCERNING CERTAIN IRANIAN ASSETS
(ISLAMIC REPUBLIC OF IRAN V. UNITED STATES OF AMERICA)
ATTACHMENTS AND ANNEXES TO THE MEMORIAL OF THE ISLAMIC REPUBLIC OF IRAN
VOLUME IV
01 February 2017

IN THE NAME OF GOD
INTERNATIONAL COURT OF JUSTICE
CASE CONCERNING CERTAIN IRANIAN ASSETS
(ISLAMIC REPUBLIC OF IRAN V. UNITED STATES OF AMERICA)
ATTACHMENTS AND ANNEXES TO THE MEMORIAL OF THE ISLAMIC REPUBLIC OF IRAN
VOLUME IV
01 February 2017

Volume III - Annexes 46-72

Volume II - Annexes 27-45

Volume I - Annexes 1-26

Declaration of Judge ad hoc Momtaz

Note: This translation has been prepared by the Registry for internal purposes and has no official
character
DECLARATION OF JUDGE AD HOC MOMTAZ
[Translation]
Security Council resolution 2231 (2015) — Binding effect of the obligations imposed by
resolution 2231 (2015) on United Nations Member States — Iran has complied with its
commitments under the JCPOA — Unlawfulness of the extraterritorial measures taken by the
United States in international law — Sanctions with extraterritorial effect do not fall within the

Separate opinion of Judge Cançado Trindade

SEPARATE OPINION OF JUDGE CANÇADO TRINDADE
Table of Contents
Paragraphs
I. Prolegomena. .............................................................................................................. 1-6
II. International Peace: Treaties as Living Instruments, in the Progressive Development of International Law. ............................................................................ 7-13
III. Provisional Measures: The Existence of the Court’s Prima Facie Jurisdiction. ....... 14-20

Dissenting opinion of Judge ad hoc Daudet

Note: This translation has been prepared by the Registry for internal purposes and has no official
character
DISSENTING OPINION OF JUDGE AD HOC DAUDET
[Translation]
Existence of an obligation to negotiate  “Acta Protocolizada” of 1920  1950 exchange
of Notes  Charaña process  No contextualization by the Court of the obligation to negotiate 
Effect of the accumulation of elements  Legal rule and moral rules  Excessive formalism 
Obligation of means and obligation of result  Need for continuation of the dialogue between the

Dissenting opinion of Judge Salam

DISSENTING OPINION OF JUDGE SALAM
Vote against the operative part of the Judgment  Disagreement with the reasoning of the Court concluding that no obligation to negotiate can be inferred from the documents presented by the Parties  Agreement with the conclusion that the conditions for the application of the principles of estoppel, acquiescence and legitimate expectations are not satisfied  Existence of an obligation of conduct and not an obligation of result.

Dissenting opinion of Judge Robinson

DISSENTING OPINION OF JUDGE ROBINSON
Treaty  Article 2 (1) (a), VCLT  “Governed by International Law”  Intention to be bound under international law  How an expression of willingness takes on the character of a legal obligation  The 1960 Trucco Memorandum and Bolivian response constitute a treaty within the meaning of the VCLT  1975 and 1977 Charaña Declarations constitute a treaty within the meaning of Article 2 (1) (a) of the VCLT  Chile has a legal obligation to negotiate Bolivia’s sovereign access to the Pacific Ocean.

Declaration of President Yusuf

DECLARATION OF PRESIDENT YUSUF
1. As noted in various parts of the Judgment, an obligation to negotiate, like any other obligation in international law, can only arise from a binding commitment assumed by a party in the context of a bilateral agreement or as a unilateral undertaking.

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