DISSENTING OPINION OF JUDGE CANÇADO TRINDADE

Table of Contents

Paragraphs

I. Prolegomena................................................................................................................................1-4

II. The Existence of a Dispute before the Hague Court ..................................................................... 5

D ISSENTING OPINION OF JUDGE B ENNOUNA

Exercise in pure formalism  Introduction of a subjective criterion in determining the
existence of the dispute  Sound administration of justice  Realism and flexibility of the case
law of the Court  The existence of the dispute, a question to be objectively decided.

SEPARATE OPINION OF J UDGE T OMKA

Jurisdiction of the Court under Article 36 (2) of Statute  Existence of a dispute  No prior

negotiations or notice necessary before seising Court  Existence of a dispute a condition for
exercise of jurisdiction  Dispute in principle to exist at date of Application  Court has applied
condition flexibly and taken into account subsequent events  Proceedings clarified that a dispute

SEPARATE OPINION OF JUDGE O WADA

1. I concur with the conclusions of the Judgment as contained in its operative part (dispositif)
(Judgment, paragraph 59). Yet I am particularly sensitive to the tragic history of the Republic of
the Marshall Islands (hereinafter the “RMI”), which as a nation suffered as a consequence of the
extensive nuclear testing that took place on its territory. As recognized in the present Judgment,
this experience has created reasons for special concern about nuclear disarmament on the part of

D ISSENTING OPINION OF V ICE-PRESIDENT Y USUF

Judgment fails to distinguish three cases brought by the Marshall Islands  Different facts
and arguments relevant to each case  Existence of a dispute  Matter for objective

D ECLARATION OF PRESIDENT ABRAHAM

D ISSENTING OPINION OF JUDGE C RAWFORD

Jurisdiction of the Court under Article 36 (2) of Statute  Existence of a dispute 
Awareness or objective awareness not a legal requirement  No prior negotiations or notice
necessary before seising the Court  Dispute in principle to exist at the time of Application 

Flexible approach  Finding of dispute may be based on post-Application conduct or evidence 
Mavrommatis principle  Existence of multilateral dispute  Existence of dispute between
Marshall Islands and Pakistan.

D ISSENTING OPINION OF JUDGE R OBINSON

I disagree with the Majority’s conclusion that there is no dispute in this case  Role of the
Court as envisaged by the United Nations Charter  Linear development of the Court’s case law

S EPARATE OPINION OF J UDGE BHANDARI

Concur with the conclusions of the majority  Existence of a dispute is central to the
exercise of the Court’s jurisdiction  On the basis of documents and pleadings of the Parties, no
dispute existed  ICJ lacks jurisdiction  Greater emphasis ought to have been given that no