134

SEPARATE OPINION OF JUDGE YUSUF

Uti possidetis juris and the OAU/AU principle on respect of borders are neither
identical nor equivalent — The Cairo Resolution and founding instruments of the
OAU and AU do not refer to uti possidetis juris — The two principles must be
distinguished in light of their different origins, purposes, legal scope▯ and nature —
The Court should have cleared up this confusion — The OAU/AU principle is not

97

SEPARATE OPINION
OF JUDGE CANÇADO TRINDADE

table of contents

Paragraphs

I. Prolegomena 1-5

II. Provisions of Treatiesb after Independence i1960 Express-

ing Concern with the Lobcal Populations 6-10

94

DECLARATION OF JUDGE BENNOUNA

[English Original Text]

Place of colonial law (French droit d’outre-mer) — Scope of the principle of
uti possidetis juris — Consequences of the course of the frontier established by
reference to colonial law — Evolution of the concept of sovereignty — Taking
account of the evolution of the human and geographical realities.

749

dECLARATION OF JUdgE AD HOC VUKAS

1. I share the view of the Court concerning its finding that it has
jurisdiction to entertain the Application filed by the former Yugoslav
Republic of macedonia on 17 November 2008 and that the Application
is admissible.
2. I also agree with the conclusion of the Court

720

dISSENTINg OpINION OF JUdgE AD HOC ROUCOUNAS

[Translation]

712

dISSENTINg OpINION OF JUdgE XUE

To my deep regret, I dissent from the decision of the majority of the
Court to exercise jurisdiction in this case. Since the matter bears on tkreaty
interpretation and judicial propriety, I shall explain my position.

I. Relationship betweenk Article11, paragraph 1,
and Article 5, paragraph 1, of the Interim Accord

709

dECLARATION OF JUdgE BENNOUNA

[English Original Text]

Exceptio non adimpleti contractus — Synallagmatic obligations — Counter ‑
measures — Role of the judge — Dynamic analysis of international law.

my aim, in this declaration, is simply to point out that the Court has
chosen to evade certain key legal issues raised and discussed at length kby

695

SEpARATE OpINION OF JUdgE SImmA

The Court missed an opportunity to clarify a controversial point of law ▯by
avoiding to deal with the question whether the exceptio non adimpleti contractus,

DISSENTING OPINION OF JUDGES WINIARSKI
AND BADAWI PASHA
[Translation]

125

SEPARATE, PARTLY CONCURRING
AND PARTLY DISSENTING, OPINION

OF JUDGE AD HOC ORREGO VICUÑA

Starting­point of maritime delimitation — Recognition of the parallel — Single
maritime boundary — “Maritime domain” governed by the 1982 United Nations