Separate Opinion of Judge Bustamante (translation)
SEPARATE OPINION OF JUDGE BUSTAMANTE
SEPARATE OPINION OF JUDGE BUSTAMANTE
The Court concludes that Article 7 of the Mandate is a treaty or
convention still in force within the meaning of Article 37 of the
Statute of the Court and that the dispute is one which is envisaged
in the said Article7 and cannot be settled by negotiation. Conse-
quently the Court is competent to hear the dispute on the merits.
For these reasons,
by eight votes to seven,
finds that ithas jurisdiction to adjudicate upon the merits of the
dispute.
DISSENTING OPINION OF JUDGE BEB A DON
[Translation]
DISSENTING OPINION OF JUDGE BUSTAMANTE
[Translation]
As 1 am unable to concur in the decision reached by the Court
in its Judgment inthe present case, 1 must set out the reasons for
my dissenting opinion and also the conclusions at which 1 have
arrived, but 1must first Say that 1 do so with the greatest deference
towards the opinion of the majority of the Members of the Court.
DISSENTING OPINION OF JTjDGE BADAWI
SEPARATE OPINION OF JUDGE MORELLI
[Translation]
SEPARATE OPINION OF
JUDGE SIR GERALD FITZMAURICE
1 agree with the decision of the Court in this case, and 1 also
consider that the main ground for it, as stated in the Judgment
(namely that the claim is not of a character to engage the Court's
judicial function), forms a correct and sufficient basis for the
SEPARATE OPINION OF
JLDGE SIR PERCY SPENDER
The central issue in this case is, in my opinion, whether the
dispute alleged by the Republic of Cameroon is a dispute within
the meaning of the adjudication clause; Article 19 of the Trustee-
ship -Agreement. Since 1 reach the conclusion that the dispute
alleged is not a dispute within the meaning of that Article, the
Court is, in my opinion, u-ithout jurisdiction.
SEPARATE OPINION OF JUDGE WELLINGTON KOO
But the Court has said in this case, without dealing with the
question of its jurisdiction, that a judgment on the claims of the
Republic of Cameroon "would be without objectU-that is, the
Court has appraised Cameroon's claims on their merits. Such an
appraisal could only be made at a later stage in the proceedings
(on the merits), and by such an appraisal the Court substituted for
the stage of deciding on preliminary objections to jurisdiction the
stage of deciding the case on its merits.