DECLARATlON OF JUDGE ODA

DISSENTING OPINION OF JUDGE SCHWEBEL

1 have voted in favour of the Court's rejection of the United States
request to dismiss Nicaragua's case onjurisdictional grounds. 1have sup-
ported the Court's indication of three provisional measures, namely :

SEPARATE OPINION OF JUDGES MOSLER AND JENNINGS

We have voted in favour of this Order indicating interim measures of
protection, but in doing so we wish to emphasize two things :

DISSENTING OPINION OF JUDGE EL-KHAN1

[Translation ]

On 20 January 1982the Court adopted an Order settingup, for the first
time,aChamber in accordance withArticle 26,paragraph 2,of the Statute.
This Chamber willbe dealing with aparticular case concerning the course
of the singlemaritimeboundary in the Gulf of Maine between the areas of
continental shelfand fishingzonesappertaining to Canada and theUnited
States of America.
On 25 November 1981 the two Parties' diplomatic representatives at

DISSENTING OPINION OF JUDGE MOROZOV

DECLARATION OF JUDGE ODA

While 1voted in favour of the Order, it should in my view have been
made known that the Court,for reasons best known to itself,has approved

the composition of the Chamber entirely in accordance with the latest
wishesof the Parties asascertained pursuant to Article 26,paragraph 2,of
the Statute and Article 17,paragraph 2, of the Rules of Court.

(Signed) Shigeru ODA.

538 NUCLEAR TESTS (ORDER 20 XII 74)

which the Order is based: because Fiji, which is not a party to the 1928
Act and to the optional clause system, has failed to invokein its applica-
tion any title ofjurisdiction in relation to France.
In my view, in order to be entitled to intervene under Article 62 of the

537 NUCLEAR TESTS (ORDER 20 XII 74)

has sheinvoked any basis ofjurisdiction vis-à-visFrance in her request to
intervene.

The Court should have decided upon this request itself as required by
Article62ofthe Statute ofthe Court and should, in my view,have rejected
iton the ground that the condition ofreciprocity ofan obligation to accept
the Court's jurisdiction was wholly absent between Fiji and France.

Judges DILLARD and Sir Humphrey WALDOCm Kake the following
joint declaration:

537 NUCLEAR TESTS (ORDER 20 XII 74)

has sheinvoked any basis ofjurisdiction vis-à-visFrance in her request to
intervene.

The Court should have decided upon this request itself as required by
Article62ofthe Statute ofthe Court and should, in my view,have rejected
iton the ground that the condition ofreciprocity ofan obligation to accept
the Court's jurisdiction was wholly absent between Fiji and France.

Judges DILLARD and Sir Humphrey WALDOCm Kake the following
joint declaration:

536 NUCLEAR TESTS (ORDER 20 XII 74)

Unanimously,

Finds that the Application of the Governrnent of Fiji for permission to
intervene in the proceedings instituted by New Zealand against France
lapses, and that no further action thereon is called for on the part of the
Court.

Done in English and in French, the English text being authoritative,
at the Peace Palace, The Hague, this twentieth day of December, one