Separate Opinion of Judge ad hoc Luchaire

SEPARATE OPINION OF JUDGE LUCHAIRE

[TranslationJ

1have voted for the operative provisions of the Judgment because they
are founded upon reasoning the logic of which is unquestionable even if
one does not entirely approve of some of its elements or some of its
consequences.
At the same time 1feel it necessary to make two series of observations,
the first on the applicable legalprinciples andthe second on their concrete
application to the present case.

Dissenting Opinion of Judge Goitein

DISSENTING OPINION OF JUDGE GOITEIN

It is with diffidence that 1 dissent from the judgment of the
majority of the Court. 1 am strengthened in the decision 1 have
come to by the views of my learned colleagues who have dissented.
These appear to me to give a less strained interpretation of the
Statute that binds us than that adopted by the majority, and their
reading of the law enables this Court to fulfil and not deny the
purpose for which it was founded.

Dissenting Opinion of Judge Nagendra Singh

DISSENTING OPINION OF JUDGE NAGENDRA SINGH

1. 1do hold and affirm that this Court has thejurisdiction to entertain
the appeal filed by India, challenging the competence of the ICA0
Council.
2. 1 am further of the considered opinion that there could not be a
more legally justifiable case than the one now before the Court for being
remitted or reverted to the Council for examination of its own jurisdic-

Subscribe to
Links