Dissenting Opinion of Judge Morelli

DISSENTING OPINION OF JUDGE MORELLI

1. The two Special Agreements asked the Court to indicate "what
principles and rules of international law are applicable to the delimita-
tion as between the Parties of the areas of the continental shelf in the
North Sea which appertain to each of them .. .".It is quite clear that
the principles and rules that the Court was called upon to establish could

Separate Opinion of Judge Fouad Ammoun

SEPARATE OPINION OF JUDGE FOUAD AMMOUN

jTranslat ion,.

1. The Legal Basis iind the Definition of the Continental Shelf.

Since the Court wa.scalled upon, under the Special Agreements by
the notification of which it was seised, to state the principles and rules
applicable to the disputes between the Fedeial Republic of Germany
and the Kingdoms of Denmark and the Netherlands as to the delimita-

Separate Opinion of Judge Jessup

SEPARATE OPINION OF JUDGE JESSUP

1concur in the Judgment of the Court and especially in its conclusion
that the equidistance method or priiiciple is not established as obligatory
in international law. It would be possible to emphasize by more detailed
quotations how crystal clear it is that neither the International Law
Commission nor its Committee of Experts considered that "equidistance"

Declaration of Judge Bengzon (as appended immediately after the judgment)

56 CONTINENTAL SHELF (DECL.BENGZON)

between 1945 and 1958 and that in State practice prior to 1958 it was
wholly lacking in any definition of crucial elements as it was also of the
legal régimeapplicable to the coastal State with respect to the continental
shelf,then it would seem to follow conclusively that the principle of
equidistance was not inherent in the concept of the continental shelf.

Declaration of Judge Sir Muhammad Zafrulla Khan (as appended immediately after the judgment)

(1) the general configuration of the coasts of the Parties, as well as the
presence of any special or unusual features;
(2) so far as known or readily ascertainable, the physical and geological
structure, and natural resources, of the continental shelfreas in-
volved ;
(3) the element of a reasonable degree of proportionality, which a delimi-
tation carried out in accordance with equitable principles ought to
bring about between the extent of the continental shelf areas apper-

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