1353

JOINT DECLARATION OF VICE-PRESIDENT RANJEVA,

JUDGES GUILLAUME, HIGGINS, KOOIJMANS,
AL-KHASAWNEH, BUERGENTHAL AND ELARABY

[English Original Text]

Various objections to the jurisdiction of the Court — Freedom of choice of
the Court — Guiding criteria: consistency; certitude; implications for the other
pending cases — Judgment of the Court inappropriately based on its lack of
jurisdiction ratione personae — Judgment incompatible with previous decisions
of the Court.

DISSENTING OPINION OF JUDGE THIERRY

[Translation]

To my deep regret 1 am unable to associate myself with the Court's
decision in the present caseconcerningthe ArbitralAwardof31July1989.
1hereby give the reasons for my dissent, which essentially relate to the
legalconsequences ofthe fact,explicitlyrecognizedby theCourt,thatthat
Award: "has not brought about a complete delimitation of the maritime
areas appertaining respectively to Guinea-Bissau and Senegal" (para-
graph 66of the Judgment of the Court).

DISSENTING OPINION OF JUDGE WEERAMANTRY

JOINT DISSENTING OPINION
OF JUDGES AGUILAR MAWDSLEY AND RANJEVA

[Translation]

SEPARATE OPINION OF JUDGE SHAHABUDDEEN

1agree with the decision reached by the Court. My thought is that, on
someaspects, itcould have beenstronger than itis.Onthe main issue asto
whetheithe Tribunal should have aniwered the secondquestionput to it
by the Arbitration Agreement, the Court sustains the Award on the
ground that, in holding that itwasnot competent to reply to that question,

SEPARATE OPINION OF JUDGE NI

SEPARATE OPINION OF JUDGE LACHS

SEPARATE OPINION OF VICE-PRESIDENT ODA

1. 1 concur with the Court's decision to reject the submissions pre-
sented by Guinea-Bissau, but my reasons for rejection are much simpler
than those expounded by the Court at some length. In myview, Guinea-

DECLARATION OF JUDGE MBAYE

[Translation]

DECLARATION OF JUDGE TARASSOV