S EPARATE OPINION OF J UDGE AD HOC D UGARD

Table of Contents

Paragraphs

I. Separate opinion.....................................................................1-2.............................

II. Territorial integrity................................................................3................................

DECLARATION OF JUDGE AD HOC GUILLAUME
[Translation]
I. Case concerning Certain Activities carried out by Nicaragua in the Border Area  New submissions presented by Costa Rica at the close of the hearings seeking recognition of its sovereignty over the disputed territory  Submissions belated and hence inadmissible  Nicaragua’s compliance with the Order of 8 March 2011  Freedom of navigation on the San Juan River  Régime applicable to transboundary harm caused by river dredging.

D ECLARATION OF JUDGE G EVORGIAN

Paragraph 1 of the dispositif  The Court’s finding that Costa Rica has sovereignty over
the “disputed territory” is unnecessary  The limits of that territory are not clear  The
geography of the area is unstable  Possible source of future disagreement  Article II of the

Treaty of Limits of 1858  First, second and third Alexander Awards  “First channel met”.

SEPARATE OPINION OF JUDGE R OBINSON

Failure of the Court to rule on the merits of the claim that Nicaragua breached the

SEPARATE OPINION OF JUDGE BHANDARI

INTRODUCTION

1. In the instant case, the Court has been presented with two separate but related disputes that
have arisen between Costa Rica and Nicaragua pertaining to the San Juan River, which serves as
the international boundary between these two nation States.