SEPARATE OPINION OF JUDGE XUE
TABLE OF CONTENTS
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I. PROCEDURAL FAIRNESS FOR THE GOOD ADMINISTRATION OF JUSTICE 2-9
II. SUBSTANTIVE ISSUES IN THE PRESENT CASE 10-49
A. Continental shelf under customary international law as reflected in
Article 76 11-19
B. Relationship between the régimes of the continental shelf and of the
exclusive economic zone 20-36
C. State practice with regard to CLCS submissions 37-49
III. NICARAGUA’S SUBMISSIONS ON AN EXTENDED CONTINENTAL SHELF 50-60

DISSENTING OPINION OF JUDGE TOMKA
Serious misgivings about Judgment’s conclusion that under customary international law a State’s entitlement to a continental shelf beyond 200 nautical miles from the baselines from which the breadth of its territorial sea is measured may not extend within 200 nautical miles from the baselines of another State  Court arrives at a conclusion it could have arrived at in 2012 had it believed that such a rule existed  Bifurcated procedure  No opportunity for the Applicant to present its case in full.

TABLE OF CONTENTS
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CHRONOLOGY OF THE PROCEDURE 1-20
I. GENERAL BACKGROUND 21-26
II. OVERVIEW OF THE PARTIES’ POSITIONS 27-34
III. FIRST QUESTION FORMULATED IN THE ORDER OF 4 OCTOBER 2022 35-79
A. The preliminary character of the first question 37-45
B. The customary international law applicable to the maritime areas at issue 46-53