SEPARATE OPINION OF JUDGE SIR HUMPHREY WALDOCK

1. 1am in general agreement with both the operative part and the rea-

soning of theJudgment of the Court. As, however, there are some aspects
of the case which 1consider should have received more prominence in the
Judgment, 1 feel it incumbent on me to deal with them in this separate
opinion.

SEPARA'TE OPINION OF JUDGE DE CASTRO

[Translation]

1have voted witlhthe majority, but do not consider that I can wholly

subscribe to the reasoning in the Judgment. 1 therefore venture, in
exercise of the right conferred on me by the Statute, to set out in detail
the reasons for my vote.

1. The 1961Agreement

SEPARATE OPINION OF JUDGE DILLARD

1concur in the Judgment of the Court. 1am moved to write a separate
opinion first to elaborate on a few possibly controversial aspects of the

Judgment and second to put it in a broader perspective.

The present controversy centres on the familiar problem of conflicting

JOINT SEPARATE OPINION OF JUDGES FORSTER,
BENGZON, JIMÉNEZ DE ARÉCHAGA,
NAGENDRA SINGH AND RUDA

particular for the benefit of the developing countries. But since 1 am
above al1 faithful to judicial practice, 1 continue fervently to urge the
need for the Court to confine itself to its obligation to state the law as
it is at present in relation to the facts of the case brought before it.
1consider it entirely proper that, in international law as in every other
system of law, the existing law should be questioned from time to time
-this is the surest way of furthering its progressive development-but

vation and development, and equitable exploitation, of those
resources, making use of the machinery established by the
North-East Atlantic Fisheries Convention or such other means
as may be agreed upon as a result of international negotiations.

vation and development, and equitable exploitation, of those
resources, making use of the machinery established by the
North-East Atlantic Fisheries Convention or such other means
as may be agreed upon as a result of international negotiations.

DISSENTING OPINION OF JUDGE ARMAND-UGON

[ Translation]

FIR~TPRELIMINARY OBJECTION

1much regret that 1 am unable to associate myself with the conclusions
at which the Court has arrived in the present Judgrnent and 1 avail
myself of the right to set out the reasons for my dissent.
The first Preliminary Objection relates to the discontinuance which

DISSENTING OPINION OF JUDGE MORELLI

[Translation]
It is my opinion that of the four objections presented by the Spanish
Government as preliminary objections, it is solely on the second that
it was open to the Court to take a decision at the present stage of the

SEPARATE OPIXION OF JUDGE BUST-\MANTE

This opinion expresses -certain views wkich differ from those of the
Court on the first Preliminary Objection. It also contains an expres-
sion of individual views on the third Objection, although the conclusion
reached is that of the majority.

Although 1 share the views of the Court so far as concerns certain
doctrinal aspects relating to the first Preliminary Objection, the same
does not apply to the facts and conclusions. This leads me to state