Declaration of President Sir Percy Spender (as appended immediately after the judgment)

can indeed be very considerable,-but this is a differentthing. It operates
on the political not the legal level: it does not make these resolutions
binding in law. If the "necessity" argument were valid therefore, it
would be applicable as much to trusteeships as it is said to be to man-
dates, because in neither case could the administering authority be
coerced by means of the ordinary procedures of the organization.
Theconclusion to be drawn is obvious.

Separate opinion by Judge Alvarez

INDIVIDUAL OPINION BY JUDGE ALVAREZ.

[Translation.]
1 am in agreement with the Judgment delivered by the Court,
but 1feel that it is desirable to give prominence to certain consider.
ations of a legal character in support of that Judgment.

The cataclysm through which we have just passed opens a new
ern in the history of civilization;it is of greater importance than
al1those that preceded it : more important than that of the Renais-
sance, than that of the French Revolution of 1789 or than that

Links