288

DECLARATION OF JUDGE AD HOC GUILLAUME

[Translation]

Jurisdiction — Reference to the Court pursuant to Article 38, paragraph 5, of
the Rules of the Court — Scope of the consent given by the Parties — The
Court lacks jurisdiction to entertain new claims not formulated in the Applica-
tion.

1. This is the first time in the Court’s history that a case has been
referred to it pursuant to Article 38, paragraph 5, of the Rules, according
to which:

284

DECLARATION OF JUDGE SKOTNIKOV

JURISDICTION

1. The Court has determined that the Parties accepted its jurisdiction
to examine the claims contained in Djibouti’s Application as a whole. I
concur with that conclusion.

278

DECLARATION OF JUDGE KEITH

1. While I agree fully with the decision reached by the Court in this
case, I disagree with aspects of its reasoning relating to France’s refusal
to comply with Djibouti’s letter rogatory. I will take this opportunity to
explain why.

269

SEPARATE OPINION OF JUDGE TOMKA

[Translation]

265

DECLARATION OF JUDGE OWADA

I concur with all the points in the operative clause of the Judgment
relating both to jurisdiction and to the merits, except one. However, I
have voted against subparagraph (1) (d) relating to jurisdiction to adju-
dicate upon the dispute concerning the arrest warrants issued against the

two senior Djiboutian officials on 27 September 2006.
For this reason, I wish to make this statement to clarify my position on
that point.

**

258

SEPARATE OPINION OF JUDGE PARRA-ARANGUREN

Consent to jurisdiction under Article 38, paragraph 5, of Rules of Court —
Court’s understanding of the French reply as encompassing all claims mentioned
in Djibouti’s Application — Interpretation should be restricted to those claims
mentioned in paragraph 2 of Djibouti’s Application.

1. My vote in favour of paragraph 205, subparagraphs (1) (a) and
(d), and of subparagraph (2) of the Judgment does not mean that I agree

252

SEPARATE OPINION OF JUDGE KOROMA

248

SEPARATE OPINION OF JUDGE RANJEVA

[Translation]

SEPARATE OPINION OF JUDGE AD HOC
SREENIVASA RAO

DISSENTING OPINION OF JUDGE AD HOC DUGARD

Malaysia has original title to Pedra Branca/Pulau Batu Puteh — Construc-
tion of Horsburgh lighthouse did not alter situation — 1953 correspondence of
uncertain meaning and authorization — Failure of Singapore to publicize 1953