SEPARATE OPINION OF JUDGE HIGGINS

DECLARATION OF JUDGE KOROMA

Article XX, paragraph I (d), of the 1955 Treaty and principles of interna-
tional latv- Non ultra petita - Order in which issues addressed - The burden
of proof and facts - Finding on law.

Although 1 have voted in favour of the Judgment, 1 consider it neces-

DECLARATION OF VICE-PRESIDENT RANJEVA

[Translation]

Violation of freedom of commerce and non-violation of freedom of commerce
between the territories of the two Parties - Court's discretionary power and
structure of its reasoning - Piercing the veil of the dispute - Constituent ele-
ments of the claim: subject-matter and "cause", Article 38, paragraph 2, of the
Rules - Jura novit curia - Importance of notion of "cause" of claim.

453

SEPARATE OPINION
OF JUDGE AD HOC CHARLESWORTH

438

SEPARATE OPINION OF JUDGE BHANDARI

Paragraph 30 of the Schedule to the International Convention for the Regulation

431

SEPARATE OPINION OF JUDGE SEBUTINDE

420

SEPARATE OPINION OF JUDGE XUE

1. Although I concur with the Court’s conclusion that special permits
granted by Japan under JARPA II do not fall within the meaning of Arti-
cle VIII, paragraph 1, of the International Convention for the Regulation

405

SEPARATE OPINION OF JUDGE GREENWOOD

383

DISSENTING OPINION OF JUDGE YUSUF

348

SEPARATE OPINION

OF JUDGE CANÇADO TRINDADE

table of contents

Paragraphs

I. The Object and Purpose oéf the ICRW 2-9

1. The teleological approach 4-7
2. Response of New Zealand to questions from the Bench 8-9