SEPARATE OPINION OF VICE-PRESIDENT SHI

of the Court and the others transmitted to the Government of the Fed-
eral Republic of Germany and the Government of the United States of
America, respectively.

(Signed) Gilbert GUILLAUME,
President.

(Signed) Philippe COUVREUR:

Registrar.

President GUILLAUME makes the following declaration :

Court and its conclusion. 1 am, however, in full agreement with para-

graphs 51 to 55 thereof.

Allegarions hy Pukistun

1. Pakistan in its Application of 21 September 1999 claims:

"On the 10th day of August 1999 an unarmed Atlantique aircraft
of the Pakistan navy was on a routine training mission with sixteen

DISSENTING OPINION OF JUDGE AL-KHASAWNEH

Luck ofjurisdiction does not relieile Purties of duty to settle dispute through
peaceful rneuns - Jurisdiction cannot he inisoked on tlze basis of the United
Natiorrs Clfurter in the absence qf'con.rent - Effect of Indiun conzmunicution of

SEPARATE OPINION OF JUDGE REDDY

United Notions Charter - Artic1r.s2, puragrajdi 2, und 33- Simlu Agrre-
ment, 1972, und the Luliorr Declurution, 1999- Ohligution upon the Purtirs to
settle thrir difji2rerbyepeuc~ful rileunshy cjntering into hiiuterul negotiutions
- Elelnent oJgood,fuith rindthe necrssit~~to crrute un utniosphrre conduciile to
such negotiutions rmphasized

SEPARATE OPINION OF JUDGE KOROMA

Agrer irith dispositif- But need to n~ukodistinction betit.een,justiciubilityof
u di.sputeund jurisdiction of the Court - Courtforbidden to rxrrcisr juri.sdic-

tion icjherepurtirs no/ given consent- Judgrnrnt rzotun abdication but u rejet-
tiorl of systern iïitliin iz,hirliCourt ccrlkedupon to renderju.s-icJudirious to
retnind purtie.~of obligation to .vrttlr disputes hl, pcac<Julmeans.

37 AERIAL INCIDENT (SEP. OP. ODA)

1 take issue with the reasoning adopted by the Court in ruling that

Article 17 of the General Act of 1928 cannot constitute a basis of
the Court's jurisdiction.
Itis pertinent in this respect to take a brief look at how and in what
circumstances the General Act, which Pakistan cites as grounds for the
Court's jurisdiction, was drafted in 1928and the related issue of the man-
ner in which the concept of the compulsory jurisdiction of the Permanent

Court has developed.

SEPARATE OPINION OF JUDGE ODA

DISSENTING OPINION OF JUDGE TORRES BERNARDEZ

[Translation]

TABLE OF CONTENTS

Page

584
584

CHAPTEIR I. THEFACTS CONSTITUTIN TGESOURC EF THEDISPUTE 590

CHAPTEIR II. THESUBJECT OF THE DISPUTE 601

DISSENTING OPINION OF JUDGE VERESHCHETIN

Principal points of the dissent (para. 1).

1.Subject-matter of the main dispute between the Parties (paras. 2-9)
Spain'sposition on the subject-matter of the dispute (paras. 2, 5) - Cana-
da'sposition on this issue (paras. 3, 6) - Article 40,paragraph l, of the Stat-