Separate Opinion of Judge Yusuf

134

SEPARATE OPINION OF JUDGE YUSUF

Uti possidetis juris and the OAU/AU principle on respect of borders are neither
identical nor equivalent — The Cairo Resolution and founding instruments of the
OAU and AU do not refer to uti possidetis juris — The two principles must be
distinguished in light of their different origins, purposes, legal scope▯ and nature —
The Court should have cleared up this confusion — The OAU/AU principle is not

Declaration of Judge Bennouna

94

DECLARATION OF JUDGE BENNOUNA

[English Original Text]

Place of colonial law (French droit d’outre-mer) — Scope of the principle of
uti possidetis juris — Consequences of the course of the frontier established by
reference to colonial law — Evolution of the concept of sovereignty — Taking
account of the evolution of the human and geographical realities.

Dissenting opinion of Judge Xue

712

dISSENTINg OpINION OF JUdgE XUE

To my deep regret, I dissent from the decision of the majority of the
Court to exercise jurisdiction in this case. Since the matter bears on tkreaty
interpretation and judicial propriety, I shall explain my position.

I. Relationship betweenk Article11, paragraph 1,
and Article 5, paragraph 1, of the Interim Accord

Declaration of Judge Bennouna

709

dECLARATION OF JUdgE BENNOUNA

[English Original Text]

Exceptio non adimpleti contractus — Synallagmatic obligations — Counter ‑
measures — Role of the judge — Dynamic analysis of international law.

my aim, in this declaration, is simply to point out that the Court has
chosen to evade certain key legal issues raised and discussed at length kby

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