Separate opinion of Judge Valticos (translation)

SEPARATE OPINION OF JUDGE VALTICOS

[Translation]

The preceding Judgment relates, as willhavebeen seen, to several land
sectors (six,to be moreprecise) and to disputes bearing on the islands and
the legal régime of the maritime spaces. On most of the findings of the
Chamber 1 amin agreementwithitsmembers - or withthe majority ofits
members - at least v~ithregard to essentials. With respect to other find-

Dissenting Opinion of Sir Robert Jennings

148

DISSENTING OPINION OF SIR ROBERT JENNINGS

1. 1regret that 1am not able to agreewith the Court's decision torefuse
Italy permission to intervenein the present case. 1am in entire agreement
with the Court that a right of intervention must be qualified by the
principle of theconsensualbasis of theCourt'sjurisdiction. Accordingly, 1
can also broadly agree with the proposition that Italy could not be per-
mitted, under the guiseof intervention, toattempt to seise the Court "of a

Dissenting Opinion of Judge Oda

DISSENTING OPINION OF JUDGE ODA

1. To my great regret 1 find myself unable to concur in the Court's
Judgment. In the Maltese intervention proceedings, 1 stated that :

"the Court's reasoning [forrejectingthe Maltese Application] places
toorestrictivea construction upon thefirst paragraph of Article62.1
regret that theinstitution ofintervention isaffordedso narrow afocus
on essentially the first occasion of its application." (I.C.J. Reports
1981, p. 23, para. 1.)
1also stated

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