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.