Note: This translation has been prepared by the Registry for internal purposes and has no official
character
ANNEX 1
Complaint with civil-party application filed by Transparency International
France and Mr. Grégory Ngbwa Mintsa with the Paris
Tribunal de grande instance, 2 December 2008
Complaint with civil-party application filed by Transparency International
France and Mr. Grégory Ngbwa Mintsa with the Paris
Tribunal de grande instance, 2 December 2008
COMPLAINT WITH CIVIL-PARTY APPLICATION

DECLARATION OF JUDGE AD HOC AL-KHASAWNEH
Discretion left to judges in delimitation of EEZ/continental shelf  Court should assess
equity of delimitation holistically  Court should not limit itself to assessing gross
disproportionality at third step of delimitation.
Maritime delimitation is, of necessity, a compromise between the need for certainty and
predictability of the law on the one hand and, on the other, the need to take cognizance of the
realities of geography which are never the same in different cases.

DISSENTING OPINION OF JUDGE AD HOC AL-KHASAWNEH
Dissent is confined to land delimitation  Importance of putting to rest a long running
dispute  Ambiguity of 1858 Treaty  Producing no less than six arbitrations  And bilateral
commissions  And negotiations  Court dealing with various aspects of dispute since 2005 
2015 Judgment and present Judgments are res judicata  In conflict with earlier res judicata
decisions  Caribbean shore in general retreat  New point chosen by Court ephemeral  And