Dissenting Opinion of President Winiarski (translation)
DISSENTING OPINION OF PRESIDENT WINIARSKI
[Translation]
DISSENTING OPINION OF PRESIDENT WINIARSKI
[Translation]
SEPARATE OPINION OF JUDGE MORELLI
[Translation ]
SEPARATE OPINION OF
JUDGE SIR GERALD FITZMAURICE
SEPARATE OPINION OF JUDGE SIR PERCY SPENDER
1 agree that the question should be answered in the affirmative.
The Court is called upon to answer a question which, exceedingly
important though it is, lieswithin a comparatively limited compass.
That question is whether certain particularized expenditure-
money spent or to be spent-authorized by certain specifiedresolu-
tions of the General Assembly, constitute "expenses of the Organi-
zation" within the meaning of Article 17 (2) of the Charter.
Force undertaken in pursuance of General Assembly resolutions
997 (ES-1) of 2 November 1956, 998 (ES-1) and 999 (ES-1) of
4 November 1956, 1000 (ES-1) of 5 November 1956, 1001 (ES-1) of
7 November 1956, 1121 (XI) of 24 November 1956 and 1263 (XIII)
of 14 November 1958, constitute "expenses of the Organization"
within the meaning of Article 17, paragraph 2, of the Charter of
the United Nations.
DISSENTING OPINION OF JUDGE CORDOVA
The Executive Board of the United Nations Educational, Scien-
tific and Cultural Organization, relying on Article XII of the Statute
of the Administrative Tribunal of the International Labour Organi-
sation, has requested an Advisory Opinion of the Court with regard
tothe competence of that Tribunal to hearthe complaints introduced
1 regret that 1 am unable to concur in the answers given by the
majority of my colleagues to the Questions submitted in the Request.
In general 1 agree n.ith the position taken by President Hackworth
and Vice-President Badawi, but there are certain aspects of the
matter, which, in my opinion, deserve special consideration.
DISSENTING OPISION OF VICE-PRESIDEST BA1>A\TTI
[Trn~zslafio~~]
1 regret that 1 ain unable to concur in the Opiilion of the
Court upholding the jurisdiction of the Administrative Tribunal
of the International Labour Organisation in the foiir cases
coilcerning Unesco. 1agree with the conclusions reached by Presi-
dent Hackn-ortl-i and Judge Read for the following rcasons :
DISSENTISG OPIKIOX OF PRESIDENT HXCKWORTH
1 concur in the cnnclusion of the Court that it is competent to
give an Advisory Opinion in respoiise to the request from the Cnited
Nritioils Educatioilal, Scientific and Cultural Organization, and that
it should do so.
1 regret that 1 am unable to concur in the Opinion which has
been given in response to thc questions presented by the Organiza-
SEPARATE OPINION OF SIR MUHAMMAD
ZAFRULLA KHAN