DISSENTING OPINION OF JUDGE ODA

TABLE OF CONTENTS

Paragraphs
1. INTRODUCTIO NI. SEIN RESPECT OF THLEGALSITUATIO OF
THEMARITIMS EPACEOF THEGULFOF FONSECA 1-6

II. "BAYOR "HISTORIBCAY":LEGALCONCEPT UNDER THELAW OF
THESEA 7-26

SEPARATE OPINION OF JUDGE TORRES BERNARDEZ

1have voted for the operative part of the Judgment, except for sub-

SEPARATE OPINION OF JUDGE VALTICOS

[Translation]

The preceding Judgment relates, as willhavebeen seen, to several land
sectors (six,to be moreprecise) and to disputes bearing on the islands and
the legal régime of the maritime spaces. On most of the findings of the
Chamber 1 amin agreementwithitsmembers - or withthe majority ofits
members - at least v~ithregard to essentials. With respect to other find-

DECLARATION OF JUDGE ODA

1wish to put on record that 1do not share the views of the Chamber
concerning the effect of Nicaragua's intervention as expressed in para-
graphs 421-424of the Judgment.
What does it mean when the Chamber states :

413

DISSENTTNG OPINION OF JUDGE PAOLlLLO

[Trans/at ionJ

148

DISSENTING OPINION OF SIR ROBERT JENNINGS

1. 1regret that 1am not able to agreewith the Court's decision torefuse
Italy permission to intervenein the present case. 1am in entire agreement
with the Court that a right of intervention must be qualified by the
principle of theconsensualbasis of theCourt'sjurisdiction. Accordingly, 1
can also broadly agree with the proposition that Italy could not be per-
mitted, under the guiseof intervention, toattempt to seise the Court "of a

DISSENTING OPINION OF JUDGE SCHWEBEL

1. 1 regret that 1 am unable to concur in the Judgment of the Court
denying the request of Italy for permission to intervene in the pending
proceedings between Libya and Malta. Italy clearly "has an interest of a

DISSENTING OPINION OF JUDGE AG0

[Translation]

1. To my great regret, 1 find myself compelled to disagree with the
majority decision of the Court.
This does not imply any lack of appreciation on my part for the efforts
made by thosewho drafted theJudgment to allay to someextent the fears-
in myopinionfullyjustified - of the State which wasseelungpermission to

DISSENTING OPINION OF JUDGE ODA

1. To my great regret 1 find myself unable to concur in the Court's
Judgment. In the Maltese intervention proceedings, 1 stated that :

"the Court's reasoning [forrejectingthe Maltese Application] places
toorestrictivea construction upon thefirst paragraph of Article62.1
regret that theinstitution ofintervention isaffordedso narrow afocus
on essentially the first occasion of its application." (I.C.J. Reports
1981, p. 23, para. 1.)
1also stated

DISSENTING OPINION OF VICE-PRESIDENT SETTE-CAMARA