Separate Opinion of Sir Percy Spender
SEPARATE OPINION OFSIR PERCY SPENDER
SEPARATE OPINION OFSIR PERCY SPENDER
SEPARATE OPINION OF JUDGE WELLINGTON KOO
SEPARATE OPINION OF JUDGE CORDOVA
1 am in disagreement with the majority of the Court both with
its reasoning as well as to its conclusion with regard to the First
Preliminary Objection of the United States. The United States
claims that,since the disputein this case arose prior to August 26th,
1946, the Court lacks jurisdiction to consider and adjudicate the
claim of the Swiss Government. 1 agree with such contention.
SEPARATE OPINION OF JUDGE HACKWORTH
DISSENTIKG OPINION OF JC'LIGE CHAGLA
1 regret that 1am unable to agree with the conclusion arrived at
by the majority of my colleagues. As the matter is of considerable
importance, 1 think it necessary to give the reasons for my dissent.
DISSENTING OPINION OF JUDGE KLAESTAD
In its Fifth Preliminary Objection the Government of India
DISSENTING OPINION
OF VICE-PRESIDENT BADAWI
[Translation]
1am in agreement with the decisions of the Court on Objections 1,
3, 4 and 5, without, however, subscribing to certain aspects of the
reasoning for those decisions.
1 regret, however, that 1 cannot concur in the decisions relating
to Objections 2 and 6, which 1 consider well-founded. Each of these
Objections would be sufficient in itself to exclude the jurisdiction
of the Court to deal with the dispute relating to right of passage.
DISSENTING OPINION OF JUDGE LEVI CARNEIRO
[Tra.nslatim]
I. The first question which the Court ought, logically, to consider
is the request for the joinder of the Objection to the merits, which
DZSSENTING OPINION OF JUDGE READ
DISSENTING OPINION OF JUDGE HACKWORTH