Separate Opinion of Judge Klaestad
SEPARATE OPINION OF JUDGE KLAESTAD
In iny sriew, the Court should not have given the requested
Opinion for the following reasons :
SEPARATE OPINION OF JUDGE KLAESTAD
In iny sriew, the Court should not have given the requested
Opinion for the following reasons :
SEPARATE OPINIOY BY JUDGE WINIARSKI
[Translation]
The advisory function of the Permanent Court of International
Justice, introduced by Article 14 of the Covenant of the League of
DISSENTING OPINION OF VICE-PRESIDENT BADAWI
AND JUDGES BASDEVANT, HSU MO, ARMAND-UGON
-AND MORENO QUINTANA
,We regret that we are unable to concur in the Opinion of the
Court and we believe it necessaqr to state the main grounds upon
which we dissent.
*
SEPARATE OPINION OF SIR HERSCH LAUTERPACHT
While 1 am in general agreement with the Opinion of the Court,
1have concurred in it subject to reservations both with regard to
the scope of the operative part of the Opinion and the reasons
adduced in support of it. Moreover, 1 feel it my duty to elaborate
in more detail certain questions relating to the main problem
confronting the Court.
Judge WINIARSK Ihile voting in favour of the Opinion of the
Court, makes the following declaration :
1 regret that 1 am unable to accept the whole of the reasoning
on which the Court has based its reply. In particular 1think that
as the Opinion of 1950 was not based on the idea of the United
Nations as a successor in title of the League of Nations, the question
of a devolution of the powers of the Council of the League of
Nations to the General Assembly does not arise.1am in agreement
Judge WINIARSK Ihile voting in favour of the Opinion of the
Court, makes the following declaration :
1 regret that 1 am unable to accept the whole of the reasoning
on which the Court has based its reply. In particular 1think that
as the Opinion of 1950 was not based on the idea of the United
Nations as a successor in title of the League of Nations, the question
of a devolution of the powers of the Council of the League of
Nations to the General Assembly does not arise.1am in agreement
DISSENTING OPINION OF M. ALVAREZ
1
[Translationj
DISSENTING OPINION OF JUDGES GUERRERO,
SIR ARNOLD McNAIR, READ, HSU MO
DISSENTING OPINION OF JUDGE MORENO QUINTANA
[Translation]
To my great regret 1 am unable to agree in this case, either with
LIISSENTING OPINION OF PRESIDENT KLAESTAD
1 am to my regret unable to agree with the Court and shall state
my different view as briefly as possible.
1. The task of the Court is to interpret the IMCO Convention,