Dissenting opinion of Judge Schwebel
DISSENTING OPINION OF JUDGE SCHWEBEL
DISSENTING OPINION OF JUDGE SCHWEBEL
DISSENTING OPINION OF JUDGE AG0
[Translation]
DISSENTING OPINION OF VICE-PRESIDENT ODA
1. Themain purpose ofthis opinion isto set forth myreasons for cast-
inganegativevoteon operativeparts 1(b),(c)(d)and (e)ofthe Judgment.
TheApplicationof Nauru was,to mymind, clearlyinadmissibleon those
countsalone. Mysubsidiarypurpose, whichcanbe disposed ofat once,is
to state that my negative vote on operative paCf)is motivated by my
DISSENTING OPINION
OF PRESIDENT SIR ROBERT JENNINGS
1very much regret that 1am unable to agree with the decision of the
Court rejecting Australia's preliminary objection based on the circum-
stancethat New Zealand and the United Kingdom are not alsoparties to
SEPARATE OPINION OF JUDGE SHAHABUDDEEN
DISSENTING OPINION BY SIR ARNOLD IlcNAIR,
PRESIDENT, AND JUDGES BASDEVAPU'T,KLAESTAD
AND READ
To Our great regret we are unable to concur in the Judgment
of the Court. We must therefore indicate the way in which we
understand the task of the Court in the present case, the meaning
of the question submitted to it, the answer which should be ,@\.en,
and the grounds on which we base Ouropinion.
ISDIVIDcLSL OPISIOI; OF JVDGE LET7 C-IRSEIRO
/Srn~zslatio.ujz
Havii~g voted in favour of the operative clause of the Judgineilt
and accepted al1the reasons in support thereof, I x-enture to add a
fexv obserx-ationç which hax-e decisively iilfhenced mg- personal
vote. These observations relate to circumstances of a general
character xvhich, in my view, explain. confirm, CO-ordinate and
lend value to the acts of occupation which occurred at irregular
INDIVIDVAL OPIKIO': OF JCDGE BASDEVANT
fTranslation]
While concurring in the operative part of the Judgment, 1 am
bound to Say that the reasons for which 1 do so are to a great
extent different from those stated by the Court. 1 therefore think
that 1 should indicate in outline, but without exhaustive consi-
deration of each separate point, the means by which 1 arrive at
agreement with the operative part. 1 do not propose, in doing
DISSENTING OPINION OF JUDGE PADILLA NERVO