SEPARATE OPINION OF JUDGE AL-KHASAWNEH

Soi2ereigntyover Zuhurcih und owr the Hu\tur.s - C'o~trd teclined to rule on:

uti possidetis juris, original title, und inlpuct oj'effectivités - Preference fi)r
cornprehensive treutnzent of the crrgurnent.cp.resented - Confinonent bj the
Court to the vulidity alid hinding furcc~ of' the 1939 British decision - Too
re.stric.tiil- Territoriul c1uirn.sopc1nto judic.iu1scrutin}' -- Ahsrnce of' r~fer-

SEPARATE OPINION OF JUDGE KOOIJMANS

Historical context of dispute - Character of Britishpolicy in Gulfregion -

SEPARATE OPINION OF JUDGE PARRA-ARANGUREN

Qatar's right of innocent passage throughal1 territorial sea under the sov-
ereignty of Bahrain - Sovereignty over Qit'at Jaradail- The decision on
Fasht ad Dibal.

1. Although 1 have voted for the operative part of the Judgement, my
favourable vote does not mean that 1share al1and every part of the rea-
soning followed by the Court in reaching its conclusion. In particular,
1 consider it appropriate to make the following comments.

DECLARATION OF JUDGE HIGGINS

DECLARATION OF JUDGE VERESHCHETIN

Exclusive relianceof the Court on the 1939 decision by Great Britain relating
to the Hawar Islands - Presumed consentby the Rulers of Qatar and Bahrain
as the basis of this relianc- Historical and legal context of the 1939 British
decision - Failure of the Court to assess the substantive legality of the 1939
decision - Disagreement with theCourt'sjnding on the status of Qit'at Jara-
dah.

DECLARATION OF JUDGE HERCZEGH

[Translation]

JOINT DISSENTING OPINION OF JUDGES BEDJAOUI,

RANJEVA AND KOROMA

(Translation]

Long-standing dispute - Recurrence - Purticular difJiculties of case -

SEPARATE OPINION OF JUDGE ODA

Territoriul issues - Muritinzc>delirnitutior~.
Zuhuruli - Iriclu.sion(?f'que.stionvf'titlc to Zuhurrrli iii 1994 Application c?f

IIISSENTING OPINIOX OF JUDGE ITRRI-TIAI HOLGIIIX

[Translation!
1regret that 1 am unable to concur in the Judgment of the Court.
1 must state my persona1 conclusions on:

1. The legal doctrines involved.
II. The different concepts in America and in Europe as to the
exercise of the right of States to contest arbitral aulards.

SEPARATE OPINION OF SIR PERCY SPEXDEK

1 agree that the Award is valid and that Nicaragua is under an
obligation to give effect to it.nce however my approach to certain
of the issues involved in these proceedings varies in some respects
from that which the Court has adopted, 1desire tostate in summary
form my views on the main issues.