Separate opinion of Judge Sir Robert Jennings

SEPARATE OPINION OF JUDGE SIR ROBERT JENNINGS

Whilst agreeing with the Court's decision that it hasjurisdiction under
the 1956Treaty of Friendship, Commerce and Navigation, in respect of

any breaches of the provisions of that Treaty, and that suchclaims arealso
admissible, 1regret that 1am unable to concur with the Court's decision
that it hasjurisdiction under Article 36,paragraph 2,of the Court's Statute.
1shall explain my reasons, as briefly as may be.

Separate opinion of Judge Ruda

SEPARATE OPINION OF JUDGE RUDA

1.1 have voted in favour of subparagraphs 1 (a), 1(c) and 2 of the
operative provisions of the Judgment, but since 1 have voted against
subparagraph 1 (b) and do not concur in some important points with the
reasoning of the Court, 1am bound to append this separate opinion. This
opinion will refer to three subject: the 1956Treaty of Friendship as a
basis of thejurisdiction of the Court, Provisoof the 1946United States
Declaration, and the conduct of the States as a basis of thejurisdiction of
the Court.

Dissenting Opinion of Judge Schwebel

DISSENTING OPINION OF JUDGE SCHWEBEL

While 1 am in agreement with many elements of the reasoning of the
Judgment of the Court, 1regret to dissent fromthe Judgment in twocritical
respects. In my view, the delimitation line which it lays down is unduly
truncated to defer to the claims of Italy ; and the line is not a median line
between the opposite coasts of Libya and Malta but a "corrected" median
linewhich, as rendered, is incorrect, that is to Say,is inadequately justified
by the applicable principles of law and equity.

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