Dissenting Opinion of Judge Thierry (translation)

DISSENTING OPINION OF JUDGE THIERRY

[Translation]

To my deep regret 1 am unable to associate myself with the Court's
decision in the present caseconcerningthe ArbitralAwardof31July1989.
1hereby give the reasons for my dissent, which essentially relate to the
legalconsequences ofthe fact,explicitlyrecognizedby theCourt,thatthat
Award: "has not brought about a complete delimitation of the maritime
areas appertaining respectively to Guinea-Bissau and Senegal" (para-
graph 66of the Judgment of the Court).

Separate Opinion of Judge Shahabuddeen

SEPARATE OPINION OF JUDGE SHAHABUDDEEN

1agree with the decision reached by the Court. My thought is that, on
someaspects, itcould have beenstronger than itis.Onthe main issue asto
whetheithe Tribunal should have aniwered the secondquestionput to it
by the Arbitration Agreement, the Court sustains the Award on the
ground that, in holding that itwasnot competent to reply to that question,

Links