Separate Opinion of Judge Sir Percy Spender

SEPARATE OPINION OF

JLDGE SIR PERCY SPENDER

The central issue in this case is, in my opinion, whether the
dispute alleged by the Republic of Cameroon is a dispute within
the meaning of the adjudication clause; Article 19 of the Trustee-
ship -Agreement. Since 1 reach the conclusion that the dispute
alleged is not a dispute within the meaning of that Article, the
Court is, in my opinion, u-ithout jurisdiction.

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

But the Court has said in this case, without dealing with the
question of its jurisdiction, that a judgment on the claims of the
Republic of Cameroon "would be without objectU-that is, the
Court has appraised Cameroon's claims on their merits. Such an
appraisal could only be made at a later stage in the proceedings
(on the merits), and by such an appraisal the Court substituted for
the stage of deciding on preliminary objections to jurisdiction the
stage of deciding the case on its merits.

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

of which will be placed in the archives of the Court and the others
transmitted to the Government of the Federal Republic of Cam-
eroon and to the Government ofthe United Kingdom ofGreat Britain
and Northern Ireland, respectively.

(Signed) B. WINIARÇKI,
President.

(Signed) GARNIERC - OIGNET,

Registrar.

Judge SPIROPOULO Sakes the following declaration:

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

of which will be placed in the archives of the Court and the others
transmitted to the Government of the Federal Republic of Cam-
eroon and to the Government ofthe United Kingdom ofGreat Britain
and Northern Ireland, respectively.

(Signed) B. WINIARÇKI,
President.

(Signed) GARNIERC - OIGNET,

Registrar.

Judge SPIROPOULO Sakes the following declaration:

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