Separate Opinion of Judge Forster (translation)

SEPARATE OPINION OF JUDGE FORSTER

[Translationj

1voted in favour of the Judgment of 20 December 1974 whereby the
International Court of Justice has brought to an end the proceedings
instituted against France by Australia on account of the French nuclear
tests carried out at Mururoa, a French possession in the Pacific.
The Court finds in this Judgment that the Australian claim "no longer

Dissenting opinion of Judge Gros (translation)

DISSENTING OPINION OF JUDGE GROS

[Translation f

1. Becauseof theimportance of theJudgment from the standpoint of its
consequencesfor thelawapplicableto thedelimitation of maritime spaces,
1believe it necessary that 1 should set forth the grounds of my dissent.
2. The Parties have submitted to the Chamber some 7,600 pages of
pleadings and 2,000pages of oral arguments together with 300supporting

Dissenting Opinion of Judge Sorensen

DISSENTING OPINION OF JUDGE S0RENSEN

To my great regret 1 find myself unable to concur in the decision of
theCourt,and 1wish to avail myself of the right under Article 57of the
Statute to state the reasons for my dissent.
On certain points 1 agree with the Court. 1 do not think that the
equidistance principle-even subject to modification in special circum-
stances-is inherent in the legal concept of the continental shelf or part
of that concept by necessary implication.

Dissenting Opinion of Judge Lachs

DISSENTJNG OPINION OF JUDGE LACHS

A disagreement has arisen concerning the delimitation of the continen-
tal shelf in the North Sea as between the Federal Republic of Germany
and the Kingdom of the Netherlands. The two States have succeeded in
reaching agreement only on the delimitation of the coastal continental
shelf and concluded on I December 1964 a convention to this effect.

Links