Separate opinion of Judge ad hoc Simma

SEPARATE OPINION OF JUDGE AD HOC SIMMA Existence of the dispute as a condition to the exercise of the Court’s contentious jurisdiction — Question whether the dispute between the Parties continued to exist at the time of the decision — “Convergence of positions” not an agreement — Interpretation of the submissions of the Parties — Hollowed out dispute — The role of the Court in the pacific settlement of disputes. 1. I have voted with some reluctance in favour of the operative part of this Judgment.

Declaration of Judge Charlesworth

DECLARATION OF JUDGE CHARLESWORTH Concurrence with the Court’s findings in relation to two submissions — Disagreement with the Court’s conclusion that the remaining claims and counter-claims no longer have any object — Complexity and uncertainty introduced by the Judgment in relation to the legal consequences of the disappearance of a dispute — Distinction between the disappearance of a claim’s object and the convergence of the parties’ positions.

Declaration of Judge Tomka

DECLARATION OF JUDGE TOMKA Power of the Court to interpret the submissions of the parties — Ordinary meaning to be given to the terms of the submissions — Decisive weight of the final submissions. 1. Today’s Judgment of the Court most likely comes as a surprise to the Parties, in particular the Applicant. In fact, it decides almost nothing. Four of the final submissions of Chile are found to no longer have any object, and the last one is rejected. Of the three counter-claims made by Bolivia, the first two are found to no longer have any object, and the last one is rejected. 2.

Annexes

INTERNATIONAL COURT OF JUSTICE
APPLICATION
INSTITUTING PROCEEDINGS
filed in the Registry of the Court
on 16 November 2022
THE SAPODILLA CAYES
(BELIZE v. HONDURAS)
1
APPLICATION INSTITUTING PROCEEDINGS
I. SUBJECT MATTER OF THE DISPUTE
1. This Application submits to the Court for final and binding resolution in
accordance with international law the dispute between Belize and Honduras
concerning sovereignty over the Sapodilla Cayes.
II. JURISDICTION OF THE COURT

Separate opinion of Judge Robinson

SEPARATE OPINION OF JUDGE ROBINSON Scope of the Court’s provisional measures Order of 7 December 2021 — Temporal limitation in the Court’s Order of the 2020 Conflict — Effect of hostilities ensuing between the Parties subsequent to the 2020 Conflict — Outbreak of hostilities on 12 September 2022 qualifies as a “change in the situation”. 1.

Dissenting opinion of Judge Bhandari

DISSENTING OPINION OF JUDGE BHANDARI Modification of an order indicating provisional measures — Requirement under Article 76 of the Rules of Court for “some change in the situation” — September 2022 hostilities created a “change in the situation” — Change in the situation would have justified modification of the 2021 Order — Risk of setting too high a bar for modification — Court’s interpretation of paragraph 98 (1) (a) of the 2021 Order is unfounded. 1. I regret that I am unable to vote in favour of this Order. 2.

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