695

SEpARATE OpINION OF JUdgE SImmA

The Court missed an opportunity to clarify a controversial point of law ▯by
avoiding to deal with the question whether the exceptio non adimpleti contractus,

DISSENTING OPINION OF JUDGES WINIARSKI
AND BADAWI PASHA
[Translation]

125

SEPARATE, PARTLY CONCURRING
AND PARTLY DISSENTING, OPINION

OF JUDGE AD HOC ORREGO VICUÑA

Starting­point of maritime delimitation — Recognition of the parallel — Single
maritime boundary — “Maritime domain” governed by the 1982 United Nations

121

DECLARATION OF JUDGE AD HOC GUILLAUME

[Translation]

Maritime boundary deriving from tacit agreement between Peru and Chile
extending up to 80 nautical miles along parallel of latitude — Remaining boundary
to be determined in accordance with customary international law — Starting­
points of maritime and land boundaries not coinciding — Consequences.

1. Peru filed an Application with the Court against Chile which had a

114

DISSENTING OPINION OF JUDGE SEBUTINDE

112

DECLARATION OF JUDGE GAJA

110

DECLARATION OF JUDGE DONOGHUE

100

JOINT DISSENTING OPINION OF JUDGES XUE,
GAJA, BHANDARI
AND JUDGE AD HOC ORREGO VICUÑA

Introduction

98

DECLARATION OF JUDGE SKOTNIKOV

1. I have voted in favour of the Court’s conclusions set forth in the
operative clause. However, I do not agree with the Court’s treatment éof
the issue of the extent of the agreed maritime boundary between Peru and
Chile.
2. I support the Court’s conclusion that, prior to the signing of the
1954 Special Maritime Frontier Zone Agreement, there was a tacit agree -

86

SEPARATE OPINION OF JUDGE OWADA

1. The Judgment, in its operative part (dispositif) states the decision of
the Court, inter alia, as follows :

“The Court,

(1) . . .,
Decides that the starting-point of the single maritime boundary