SEPARATE OPINION OF J UDGE AD HOC K ATEKA
1. I voted in favour of the dispositif although I find the provisional measure indicated to be
inadequate. Crucially, I do not agree with the Court’s conclusion in paragraph 50, namely, that,
prima facie, a dispute capable of falling within the provisions of the Convention against
D ISSENTING OPINION OF JUDGE C RAWFORD
Jurisdiction of the Court under Article 36 (2) of Statute Existence of a dispute
Awareness or objective awareness not a legal requirement No prior negotiations or notice
necessary before seising the Court Dispute in principle to exist at the time of Application
Flexible approach Finding of dispute may be based on post-Application conduct or evidence
Mavrommatis principle Existence of multilateral dispute Existence of dispute between
Marshall Islands and the United Kingdom.
D ISSENTING OPINION OF JUDGE R OBINSON
I disagree with the Majority’s conclusion that there is no dispute in this case Role of the
Court as envisaged by the United Nations Charter Linear development of the Court’s case law
S EPARATE OPINION OF J UDGE BHANDARI
Concur with the conclusions of the majority Existence of a dispute is central to the
exercise of the Court’s jurisdiction On the basis of documents and pleadings of the Parties, no
dispute existed ICJ lacks jurisdiction Greater emphasis ought to have been given that no
dispute existed and lesser on the Respondent’s awareness Other preliminary objections should
have been adjudicated in the facts of this case Monetary Gold principle Judgment falls
outside the judicial functions of the Court.
SEPARATE OPINION OF JUDGE S EBUTINDE
Object and purpose of the United Nations Charter Maintenance of international peace
and security Role of the Court in the peaceful settlement of disputes The Court’s compulsory
jurisdiction derives from the optional clause declarations pursuant to Article 36, paragraph 2, of
the Court’s Statute and not from the existence of a dispute The existence of a dispute is merely
the precondition for the exercise of that jurisdiction Article 38 of the Statute of the Court The