Dissenting opinion of Judge ad hoc Caron

DISSENTING OPINION OF JUDGE AD HOC CARON
Disagreement with holding of inadmissibility by the Court of Colombia’s first and second counter-claims  Direct connection in fact or in law of Colombia’s first and second counter-claims.
Direct connection in fact  Subject-matter of the claim  Colombia’s Integral Contiguous Zone established by Presidential Decree 1946 of 9 September 2013 is a core part of the factual complex underlying Nicaragua’s claim  Factual complex underlying Colombia’s first and second counter-claims are the same facts that led to issue of the Decree.

Separate opinion of Judge Donoghue

SEPARATE OPINION OF JUDGE DONOGHUE
Article 80, paragraph 1, of the Rules of Court — Jurisdiction over counter-claims — Termination of the title of jurisdiction taking effect after the filing of the Application but before the submission of counter-claims — Consequence of such termination on the scope of the Court’s jurisdiction.
1. Article 80, paragraph 1, of the Rules of the Court provides:
“The Court may entertain a counter-claim only if it comes within the jurisdiction of the Court and is directly connected with the subject-matter of the claim of the other party.”

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