Declaration of Judge Herczegh (translation)

DECLARATION OF JUDGE HERCZEGH

[Translation]

1voted against paragraphs 2 (a) and (b), and 3 of the operative part,
for reasons similar tohose which werethe subject-matter of the declara-
tion which 1appended to the Judgment delivered today in the case con-
cerning Questionsof Interpretation and Application of the 1971Montreal
Conventionarisingfrom the Aerial Incident ut Lockerbie (Libyan Arab
Jamahiriya v. UnitedKingdom).
1therefore request the reader to refer to the text of that declaration.

Joint declaration of Judges Guillaume and Fleischhauer (English Original Text)

JOINT DECLARATION OF JUDGES GUILLAUME AND
FLEISCHHAUER

[English Original Text]

Article 79, paragraph 7, of the Rules of Court - Objection of mootness
havingan exclusively preliminary character.
Actions ofthe UnitedStates in order to obtainthe surrenderof the suspects
- Last substantivesubmissionof Libya directed againsttheseactions - Juris-
diction ofthe Courtinthis respect onlyto theextent that theactionsinquestion
would becontrary tothe Montreal Convention.

Dissenting opinion of Judge Morozov

DISSENTING OPINION OF JUDGE MOROZOV

1voted against paragraphs 1,2, 5 and 6 and in favour of paragraphs 3
and 4 of the operative part of the Judgment.Furthermore. there were some
points in the reasoning which 1 could not accept. and 1 would like to

explain the reasons for this.
1. 1consider that the long-established rules of generalinternational law
relating to the privileges, inviolabilities and immunities of diplornatic and

Dissenting Opinion of Judge Sørensen

DISSENTING OPINION OF JUDGE S0RENSEN

To my great regret 1 find myself unable to concur in the decision of
theCourt,and 1wish to avail myself of the right under Article 57of the
Statute to state the reasons for my dissent.
On certain points 1 agree with the Court. 1 do not think that the
equidistance principle-even subject to modification in special circum-
stances-is inherent in the legal concept of the continental shelf or part
of that concept by necessary implication.

Dissenting Opinion of Judge Lachs

DISSENTJNG OPINION OF JUDGE LACHS

A disagreement has arisen concerning the delimitation of the continen-
tal shelf in the North Sea as between the Federal Republic of Germany
and the Kingdom of the Netherlands. The two States have succeeded in
reaching agreement only on the delimitation of the coastal continental
shelf and concluded on I December 1964 a convention to this effect.

Dissenting Opinion of Judge Morelli (translation)

DISSENTING OPINION OF JUDGE MORELLI

1. The two Special Agreements asked the Court to indicate "what
principles and rules of international law are applicable to the delimita-
tion as between the Parties of the areas of the continental shelf in the
North Sea which appertain to each of them .. .".It is quite clear that
the principles and rules that the Court was called upon to establish could

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