SEPARATE OPINION OF JUDGE D ONOGHUE

Obligation under customary international law to exercise due diligence in preventing
significant transboundary environmental harm — Environmental Impact Assessment —
Notification — Consultation.

1. In each of these joined cases, the Applicant contends that the Respondent violated general

SEPARATE OPINION OF JUDGE C ANÇADO T RINDADE

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Paragraphs

I. Prolegomena........................................................................1-3...............................

II. Manifestations of the Preventive Dimension in Contemporary International Law 4-5

III. The Autonomous Legal Regime of Provisional Measures of Protection............... 6

JOINT DECLARATION OF JUDGES T OMKA , GREENWOOD , EBUTINDE
AND JUDGE AD HOC D UGARD

Costs – Article 64 of the Statute of the Court  Provisional measures  Obligation of a
State to comply with Order indicating provisional measures  Obligations imposed by 2011 Order

S EPARATE OPINION OF JUDGE O WADA

1. I have voted in favour of the conclusions reached by the Court in the operative part
(dispositif) of the present Judgment, as I have no disagreement with these conclusions as such. It is
my view, however, that certain specific aspects of the reasoning (ratio decidendi) of the Judgment
that have led the Court to these conclusions have not been developed with sufficient clarity in the
reasoning part (motifs) of the Judgment. For this reason, I wish to attach this opinion of mine, with

D ECLARATION OF VICE -PRESIDENT Y USUF

Territorial integrity  Territorial sovereignty  Parties’ claims of violation of territorial
integrity not adequately addressed  Inviolability of boundaries as a basic element of territorial
integrity  Inviolability not conditional on the use or threat of force  Territorial integrity

breached by incursions  Lack of emphasis on territorial integrity inconsistent with Court’s case
law.

625

SEPARATE OPINION OF JUDGE AD HOC MAMPUYA

[Translation]

Subject and underlying cause of the dispute: ambiguity and conflation of mis-
treatment of a Guinean national and debts owed to Congolese companies —
Need to go to the “heart of the dispute” — Protection of the rights of Congolese
companies and protection of a national by way of substitution for the compa-
nies — Requirement of the existence of a dispute between States; novelty of

619

DECLARATION OF JUDGE AD HOC MAHIOU

[Translation]

1. In replying to the preliminary objections raised by the DRC seeking
to assert that Guinea’s Application is inadmissible, the Court begins by

In spite of my respect for the Court, 1am cornpelled,with deep regret,
Io avail myself of the right io express a disseniing opinion.
As each objection appears ta be designed as a separate whole, 1shall
treat the objections raised by Yugoslavia separately, in such a way as to
ensure that the conclusions drawn therefrom will serveas a proper basis
for my general conclusion concerning the jurisdiction of the Court and
the admissibility of Bosnia and Herzegovina'sclaim.

SEPARATE OPINION OF JUDGE PARRA-ARANGUREN

While endorsing the operative paragraphs in the Judgment, 1 have
decided to append this separate opinion to emphasize the following
points that 1consider of great importance:

1. The fact that Bosnia and Herzegovina became a party to the Geno-
cide Convention was expressly admitted by Yugoslavia on 10 August
1993 when requesting the Court to indicate the following provisional
measures :

SEPARATE OPINION OF JUDGE WEERAMANTRY

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THEISSUE OFAUTOMATS IUCCESSIOTN THEGENOCIDC EONVENTION 641

THEORIER SELATINTO STATESUCCESSION 641
THE"CLEAN SLATEP"RINCIPLE 643