Dissenting Opinion of Judge Forster (translation)
DISSENTING OPINION OF JUDGE FORSTER
[Translation]
The Order made today in the case between New Zealand and France
is related to the onemade also today in the case of Australia v. France.
DISSENTING OPINION OF JUDGE FORSTER
[Translation]
The Order made today in the case between New Zealand and France
is related to the onemade also today in the case of Australia v. France.
prima facie confers jurisdiction upon the Court and which incor-
porates no reservations obviously excluding its jurisdiction."
(Separate opinion of Sir Hersch Lauterpacht in Interhandel case,
I.C.J. Reports 1957,p. 118.)
Judge NAGENDR SINGHmakes the following declaration:
While fullysupportingthe reasoning leading to the verdict of theCourt,
and therefore voting with the majority for the grant of interim measures
of protection in this case, 1wish to lend emphasis, by this declaration, to
the requirement that the Court must be satisfied of its own competence,
even though prima facie, before taking action under Article 41 of the
Statute and Rule 61 (New Rule 66) of the Rules of Court.
question cannot be prejudged now; it is not possible to exclude a priori,
that the further pleadings and other relevant information may change
viewsor convictions presently held.
The question described in the Order as that of the existence of "a legal
interest in respect of these claims entitling the Court to admit the Applica-
thousand nine hundred and seventy-three, in four copies, one of which
will be placed in the archives of the Court, and the others transmitted
respectively to the French Government, to the Government of New
Zealand, and to the Secretary-General of the United Nations for trans-
mission to the Security Council.
(Signed) F. AMMOUN,
Vice-President.
Judge GROSmakes the following declaration:
1have voted against the deferment of the consideration of thedocument
filed on18 May; the question could and should have been settled imme-
diately, and independently of the problem of the Court's jurisdiction in
the case referred to in the operative paragraph of the presentder, by a
finding to the effectthat the document in questiondoes not comply with
the provisions of Article62 of the Statute of the Court, concerning inter-
vention.
Judge PETRÉN makes the following declaration:
Judge GROSmakes the following declaration:
1have voted against the deferment of the consideration of thedocument
filed on18 May; the question could and should have been settled imme-
diately, and independently of the problem of the Court's jurisdiction in
the case referred to in the operative paragraph of the presentder, by a
finding to the effectthat the document in questiondoes not comply with
the provisions of Article62 of the Statute of the Court, concerning inter-
vention.
Judge PETRÉN makes the following declaration:
Judge GROSmakes the following declaration:
1have voted against the deferment of the consideration of thedocument
filed on18 May; the question could and should have been settled imme-
diately, and independently of the problem of the Court's jurisdiction in
the case referred to in the operative paragraph of the presentder, by a
finding to the effectthat the document in questiondoes not comply with
the provisions of Article62 of the Statute of the Court, concerning inter-
vention.
Judge PETRÉN makes the following declaration:
Judge GROSmakes the following declaration:
1have voted against the deferment of the consideration of thedocument
filed on18 May; the question could and should have been settled imme-
diately, and independently of the problem of the Court's jurisdiction in
the case referred to in the operative paragraph of the presentder, by a
finding to the effectthat the document in questiondoes not comply with
the provisions of Article62 of the Statute of the Court, concerning inter-
vention.
Judge PETRÉN makes the following declaration:
DISSENTING OPINION OF JUDGE MOROZOV
1 voted in favour of a judge ad hoc appointed by the Kingdom of
Morocco Sittingin the present case, and 1voted, for the same reason, in
favour ofajudge adhocappointed by the Islamic Republic of Mauritania,