SEPARATE OPINION OF JUDGE AG0
/Trunslurior~/
1. In the separate opinion which 1appended to the Judgment of 26 No-
vember 1984 on the jurisdiction of the Court and the admissibility of the
Application in the present case, 1explained why 1had felt able to vote in
favour of the findirig that the Court had "a jurisdiction in the present case
enabling it to proceed to examination of the merits", convinced as 1was
SEPARATE OPINION OF JUDGE ELIAS
1have voted, without enthusiasm, for subparagraphs (2) to (16) of the
operative clause, but 1 consider that subparagraph (1) of the operative
clause isout of place in the present Judgment. It isinappropriatebecause it
is contradictory to the Judgment already given in 1984,which, from the
SEPARATE OPINION OF JUDGE RUDA
SEPARATE OPINION OF JUDGE LACHS
At the outset, 1 am impelled to express my regret at what, to mymind, is
a strange occurrence in the present case. It was stated that much of the
evidence was "of a highly sensitive intelligence character" and asserted
that the Respondent would "not risk United States national security by
presenting such sensitive material in public".
151
SEPARATE OPINION OF PRESIDENT NAGENDRA SINGH
While fully endorsing the operative holdings of the Court in this Judg-
ment, 1have considered it necessary to append this separate opinion to
emphasize certain aspects which 1consider essential, either from the legal
standpoint or for promoting peaceful community existence of sovereign
States.
DISSENTING OPINION OF JUDGE SCHWEBEL
TABLE OF CONTENTS
Paragraphs
SUMMARY
II.QUESTION OSFJURISDICTION
A. The jurisdictional issues 3
B. The question of whether Nicaragua has standing to maintain claims
under the Optional Clause
1. The essence of Nicaragua's claims of standing 4
SEPARATE OPINION OF JUDGE SIR ROBERT JENNINGS
Whilst agreeing with the Court's decision that it hasjurisdiction under
the 1956Treaty of Friendship, Commerce and Navigation, in respect of
any breaches of the provisions of that Treaty, and that suchclaims arealso
admissible, 1regret that 1am unable to concur with the Court's decision
that it hasjurisdiction under Article 36,paragraph 2,of the Court's Statute.
1shall explain my reasons, as briefly as may be.
SEPARATE OPINION OF JUDGE AG0
[Translation]
SEPARATE OPINION OF JUDGE ODA
Pages
Chapter 1 . Nicaragua's Declaration of 1929 for acceptance of the Optional
Clause ............................ 473
Chapter 2 . Article 36. paragraph 5. of the Statute .......... 478
Chapter 3 . Nicaragua's position in respect of the Optional Clause .... 483
SEPARATE OPINION OF JUDGE MOSLER