458
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 reasonso.
2. For nearly 90 years, the International Court of Justice and its prede-
447
DISSENTING OpINION OF JUDGE ABRAHAM
[Translation]
Conditional right of third States to intervene in the principal proceedi▯ngs —
446
DECLARATION OF JUDGE AL-KHASAWNEH
I concur in finding that the Application filed by Honduras to intervoene
in the proceedings, either as a party or a non-party, cannot be granted
(Judgment, para. 76). I am likewise in basic agreement with the reasoning
on which this finding was reached.
DISSENTING OPINION OF JUDGE REZEK
DISSENTING OPINION OF JUDGE PARRA-ARANGUREN
The Anglo-German Agreement of1890 - The Parties' dijfering interpreta-
tions of the 1890 Treaty - Subsequent practice as a rule of treuty interpreta-
tion - Subsequent practice of the Parties in the applicationof the 1890 Agree-
ment - The Mandate for South West Africa (Numibia) - Relevant evidencr
suhmitted to the Court - Cuptain H. V. Euson's Report (1912) - Joint
Report of 1948 (Trollope-Redmun) und Exchange of Lerters between 1948 and
DISSENTING OPINION OF JUDGE FLEISCHHAUER
Interpretation of the terrn "main channe1"l"Hauptlauf' in Article III of the
1890 Treaty - The applicable law - The ordinary meuning of the terrn -
Object andpurpose of the 1890 Treatjs - The conte.rt in whick the term is used
- The error of theParties to the 1890Treaty in the uppreciation ufthe possible
uses of the Chobe River - The third paragraph of the dispositifof the Judg-
ment - Final remark on the role of prescription in the case.
DISSENTING OPINION OF VICE-PRESIDENT
WEERAMANTRY
Article 31 of Vienna Conventionon the Law of Treaties - Meaning of terms
"subsequent practice" and "agreement" in Article 31, paragraph 3 (b) -
Silence and non-protest as indicia of assent - "Common understanding" -
Ambivalence of scientijc criteria - Navigability as a criterion - The thalweg
concept - Cartographic evidence - Equitable navigationaluse of boundary
1145 KASIKILI~SEDUDU ISLAND (SEP.OP.KOOIJMANS)
SEPARATE OPINION OF JUDGE ODA
TABLE OF CONTENTS
II. THECASEPRESENTE TO THE COURT BYMEANS OF A COMPROMIS 9-21
(1) Lack of clarity in the compromis 9-10
(2) The background to the filing of the case at the Cour11-17
(3) Further comments on the lack of clarity in theis 18-21
III. "ON THEBASISOF THE1890ANGLO-GERMA TREATY" 22-33