SEPARATE OPINION OF JUDGE VAN WYK

GENERAG LROUND SOR DISMISSINA GPPLICANTS S'UBMISSIONS

1agree that the claim should be disrnissed and 1agree with the reasons

SEPARATE OPINION OF JUDGE MORELLI

[Translation]
1. 1wish to give the reasons why, in my view, the Court's 1962Judg-
ment on the preliminary objections was no bar to the rejection of the
claim on the merits on the ground of its not being based on substantive
rights pertaining to the Applicants.

can indeed be very considerable,-but this is a differentthing. It operates
on the political not the legal level: it does not make these resolutions
binding in law. If the "necessity" argument were valid therefore, it
would be applicable as much to trusteeships as it is said to be to man-
dates, because in neither case could the administering authority be
coerced by means of the ordinary procedures of the organization.
Theconclusion to be drawn is obvious.

DISSENTING OPINION OF SIR PERCY SPENDER

DISSENTIWG OPINION OF JCDGE IVELLINGTOS KOO

To my great regret 1 am unable to concur in the Judgment of the
Court. Although 1 reserve my own final conclusion in the case for
reasons explained toward the end of this statement, 1 find that the
grounds upon which the Judgment is based cannot be sustained
in fact or in law.

DISSENTING OPINION OF JCDGE MORENO QUIETANA

SEPARATE OPIKION OF SIR GER-4LD FITZAIXURICE

SEPARATE OPINION OF VICE-PRESIDENT ALFARO

The decision rendered by the Court in the present case sets forth
considerations of law and fact in which 1 fully concur, especially
for the reason that its essential basis is a principle of law to
which 1 attribute great weight and which has been frequently
applied by international tribunals, both of justice and arbitration.

This principle, as 1 understand it, is that a State party to an

finds in consequence,

by nine votes to three,

that Thailand is under an obligation to withdraw any military
or police forces, or other guards or keepers, stationed by her at
the Temple, or in its vicinity on Cambodian territory;
by seven votes to five,

DISSENTING OPINION OF JUDGE FERNANDES