Declaration of Judge Shi

DECLARATION OF JUDGE SHI

1 have voted in favour of the operative paragraphs of the Advisory
Opinion of the Court, because 1 am generally in agreement with its
reasoning and conclusions.
However, 1 have reservations with regard to the role which the Court
assigns to the policy of deterrence in determining lex lataon the use of

Dissenting opinion of Judge Skotnikov

DISSENTING OPINION OF JUDGE SKOTNIKOV

1. The Court, in my view, should have used its discretion to refrain

from exercising its advisory jurisdiction in the rather peculiar circum-
stances of the present case. Never before has the Court been confronted
with a question posed by one organ of the United Nations, to which an
answer is entirely dependent on the interpretation of a decision taken by
another United Nations organ. What makes this case even more anoma-
lous is the fact that the latter is the Security Council, acting under Chap-

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