Dissenting opinion of Judge Koroma

DISSENTING OPINION OF JUDGE KOROMA

1regret that 1am unable to agree or to support the present Judgment
of the Court. Al1the more so when much of the reasoning deployed to
reach the findings onjurisdiction and admissibilityshould have led to the
opposite conclusions.
Although the Court in its Judgment of 1 July 1994did not expressly
state it lackedjurisdiction in this case, it was equallyable to declare it
had jurisdiction to entertain the dispute on the basis of the Application

Dissenting opinion of Judge Oda

DISSENTING OPINION OF JUDGE ODA

1. To my regret 1am unable to concur with the Court's Judgment. My
position has already been clearly stated in the dissenting opinion which
1 attached to the Judgment of 1 July 1994.1 shall now give my reasons

for having to disagree with the present Judgment and shall be unable to
avoid a certain amount of repetition of what was said in my previous
opinion.

Separate opinion of Judge Shahabuddeen

SEPARATE OPINION OF JUDGE SHAHABUDDEEN

The case touches on important principles of contemporary interna-
tional law - principles which have changed the shape of the interna-
tional community, altered the composition of its leading institutions,
affected their orientation, and influencedtheir outlook. But, the mandate
of the Court being limited by the consensual nature of its jurisdiction, its
decision has turned on the preliminary question how far it may adjudi-

Links