Dissenting Opinion of Vice-President Schwebel

DISSENTING OPINION
OF VICE-PRESIDENT SCHWEBEL

While there is much with which 1agree in the Court's Judgrnent, 1am
unable to accept its dispositive decision that it has jurisdiction to enter-
tain the claims made by the Islamic Republic of Iran under Article X,
paragraph 1, of the Treaty of Amity, Economic Relations, and Consular
Rights of 1955.
In interpretingthe scope of a compromissory clause of a treaty accord-

Separate Opinion of Judge ad hoc Rigaux (translation)

SEPARATE OPINION OF JUDGE RIGAUX

[Translation]

1voted with the majority on the two points in the operative part and
1did so without reservation as regards point 1. As far as point 2 is con-
cerned, 1agree with the decision on jurisdiction therein, but regret that it
implicitly limits the jurisdiction of the Court to paragraph 1 of Article X
of the Amity Treaty.

II. OBSERVATIOR NESLATING TO THE GROUNDS

Separate opinion of Judge Schwebel

SEPARATE OPINION OF JUDGE SCHWEBEL

1 have voted in favour of the Judgment of the Court despite the con-
siderable case made out by Malta in support of its Application for per-
mission to intervene. 1 have done so for one essential and dispositive
reason.
The Court may reasonably interpret the institution of intervention,
whose scopeneither the Statute nor the practice of the Court makes clear,
so as todebar what might be called "non-party intervention", or, perhaps,

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