Court and its conclusion. 1 am, however, in full agreement with para-
graphs 51 to 55 thereof.
Allegarions hy Pukistun
1. Pakistan in its Application of 21 September 1999 claims:
"On the 10th day of August 1999 an unarmed Atlantique aircraft
of the Pakistan navy was on a routine training mission with sixteen
DISSENTING OPINION OF JUDGE AL-KHASAWNEH
Luck ofjurisdiction does not relieile Purties of duty to settle dispute through
peaceful rneuns - Jurisdiction cannot he inisoked on tlze basis of the United
Natiorrs Clfurter in the absence qf'con.rent - Effect of Indiun conzmunicution of
SEPARATE OPINION OF JUDGE REDDY
United Notions Charter - Artic1r.s2, puragrajdi 2, und 33- Simlu Agrre-
ment, 1972, und the Luliorr Declurution, 1999- Ohligution upon the Purtirs to
settle thrir difji2rerbyepeuc~ful rileunshy cjntering into hiiuterul negotiutions
- Elelnent oJgood,fuith rindthe necrssit~~to crrute un utniosphrre conduciile to
such negotiutions rmphasized
SEPARATE OPINION OF JUDGE KOROMA
Agrer irith dispositif- But need to n~ukodistinction betit.een,justiciubilityof
u di.sputeund jurisdiction of the Court - Courtforbidden to rxrrcisr juri.sdic-
tion icjherepurtirs no/ given consent- Judgrnrnt rzotun abdication but u rejet-
tiorl of systern iïitliin iz,hirliCourt ccrlkedupon to renderju.s-icJudirious to
retnind purtie.~of obligation to .vrttlr disputes hl, pcac<Julmeans.
37 AERIAL INCIDENT (SEP. OP. ODA)
1 take issue with the reasoning adopted by the Court in ruling that
Article 17 of the General Act of 1928 cannot constitute a basis of
the Court's jurisdiction.
Itis pertinent in this respect to take a brief look at how and in what
circumstances the General Act, which Pakistan cites as grounds for the
Court's jurisdiction, was drafted in 1928and the related issue of the man-
ner in which the concept of the compulsory jurisdiction of the Permanent
Court has developed.
SEPARATE OPINION OF JUDGE ODA
DISSENTING OPINION OF JUDGE TORRES BERNARDEZ
[Translation]
TABLE OF CONTENTS
Page
584
584
CHAPTEIR I. THEFACTS CONSTITUTIN TGESOURC EF THEDISPUTE 590
CHAPTEIR II. THESUBJECT OF THE DISPUTE 601
DISSENTING OPINION OF JUDGE VERESHCHETIN
Principal points of the dissent (para. 1).
1.Subject-matter of the main dispute between the Parties (paras. 2-9)
Spain'sposition on the subject-matter of the dispute (paras. 2, 5) - Cana-
da'sposition on this issue (paras. 3, 6) - Article 40,paragraph l, of the Stat-
DISSENTING OPINION OF JUDGE RANJEVA
[Translation]
Summary - Risk of jeopardizing the optional clausesystem - Distortion of
the subject-matter of the main dispute.
Subject-matter of the dispute - Judicial restatement of the subject of the dis-
DISSENTING OPINION OF JUDGE BEDJAOUI
[Translation]
Subject-matter of the dispute - Tripartite determination by Applicant,
Respondent andthe Court - Dijferent role of each "actor" - Inviolability of
Applicant's status - Applicant's right to have the Courtrule on the subject of