DISSENTING OPINION OF JUDGE SCHWEBEL

DISSENTING OPINION OF JUDGE EL-KHAN1

[Translation]

To my great regret 1find myself obliged to dissociate myself from the

Advisory Opinion which the Court has seenfit to givein the present case,
because 1consider that, for reasons of principle bound up with the very
nature of the Court's jurisdiction, and having regard to the procedural
irregularities committed by the body which referred the case to it, the
Court, inthisinstance, ought tohaverefusedtocomplywith therequest for
an advisory opinion.

DISSENTING OPINION OF JUDGE MOROZOV

1voted against the reasoning and the operative part (Nos. 1,2 A and 2
B) of the Advisory Opinion given by the Court at the request of the
Committee on Applications for Review of Administrative Tribunal
Judgements, relating to Tribunal Judgement No. 273 of 15May 1981,for
the following reasons.

DISSENTING OPINION OF JUDGE LACHS

SEPARATE OPINION OF JUDGE ODA

1. Although 1would agree with the Court in its conclusions regarding
the grounds of objection to thejudgement of the United Nations Admin-
istrative Tribunal (UNAT), 1 regret to Say that 1cannot agree that the
Court, in thecircumstances, ought to havecomplied with the request for an
advisory opinion.

SEPARATE OPINION OF JUDGE MOSLER

While sharing the viewof the Court as expressedin theoperative part of
the Advisory Opinion, and agreeing to a large extent with the reasons, 1
nevertheless feel bound to raise some points which seem to me to require
either additional explanation or a different kind of argument.

SEPARATE OPINION OF JUDGE RUDA

368

SEPARATE OPINION OF JUDGE NAGENDRA SINGH

DISSENTING OPINION OF JUDGE KOROMA

The Court, in this Advisory Opinion in which it declines to grant the
request of the WHO for an opinion as to whether

"in view of the health and environmental effects, . .. the use of
nuclear weapons by a State in war or other armed conflict [would]be
a breach of its obligations under international law including the
WHO Constitution",

DISSENTING OPINION OF JUDGE WEERAMANTRY

TABLE OF CONTENTS

1
1. PRELIMINARY
1. The genesis of WHO's request