214

DISSENTING OPINION OF JUDGE AD HOC CALLINAN

1. I have formed the view that it is unnecessary for the Court to indi ‑
cate provisional measures. Before explaining why I have formed that
view, I should say something about the facts of the case so far as they f
may be discerned at this early stage of these proceedings.

Context

208

SEPARATE OPINION OF JUDGE DONOGHUE

1. Certain circumstances giving rise to the present case are not in dis ‑
pute. During the pendency of State‑to‑State arbitration, one State seizefd
documents and data from the office of counsel to the opposing State (ffor
convenience, I refer to all seized documents, data and material as “tfhe

194

DISSENTING OPINION OF JUDGE GREENWOOD

Legal criteria for indication of provisional measures — Necessity for caution on
the part of the Court — Undertaking given by the Attorney‑General of Australia
dated 21 January 2014 — Formal undertaking given by a State is legally binding

167

SEPARATE OPINION
OF JUDGE CANÇADO TRINDADE

table of contents

Paragraphs

I. P rolegomena 1‑2

II. The Centrality of the Quefst for Justice 3‑12

163

DISSENTING OPINION OF JUDGE KEITH

1. I regret that I cannot agree with two of the measures the Court has
adopted. My regret is the greater for I do have some understanding of the
“deep offence and shock” felt in Timor‑Leste about the actions off ASIO
to which the Agent of Timor‑Leste referred at the outset of this proceedf‑

391

DECLARATION OF JUDGE AD HOC DUGARD

388

DECLARATION OF JUDGE AD HOC GUILLAUME

[Translation]

Activities of the two States on disputed territory — Protection of the
environment — Need for co‑operation between Costa Rica and Nicaragua.

1. In its Order of 8 March 2011 the Court requested both Nicaragua
and Costa Rica to refrain from “sending to, or maintaining in thedisputed

371

SEPARATE OPINION
OF JUDGE CANÇADO TRINDADE

table of contents

Paragraphs

I. Introduction 1-2

II. Submissions of the Partiges in the Course of the Pgresent
Proceedings 3-19

627

DISSENTING OPINION OF JUDGE AD HOC COT

[Translation]

I. Preliminary Observatiffons

1. I regret that I am unable to concur in the decision adopted by the
majority of the Court on the request for the indication of provisional mffea -
sures submitted by Cambodia in the case concerning the Temple of Preah
Vihear (Request for Interpretation of the Judgment of 15 June 1962 in the

625

DECLARATION OF JUDGE AD HOC GUILLAUME

[Translation]

Conditions for granting provisional measures — Application for interpretation —
Dispute as to both the operative clause of the 1962 Judgment and parts o▯f the
reasoning — Reasoning having binding force — Jurisdiction.
Creation of a demilitarized zone — Situation of the Temple of Preah Vihear in
this zone — Guarantees given to Cambodia.