Dissenting Opinion of Judge Jessup
DISSENTING OPINlON OF JUDGE JESSUP
DISSENTING OPINlON OF JUDGE JESSUP
DISSENTING OPINION OF JUDGE TANAKA
DISSENTING OPINION OF JUDGE KORETSKY
DISSENTING OPINION OF VICE-PRESIDENT
WELLINGTON KOO
1 regret to be unable to concur in the Judgment of the Court which
"finds that the Applicants cannot be considered to have established any
substantive right or legalinterest appertaining to them in the subject-
matter of the present claims". Nor am 1 able to agree with the reasons
upon which it is based. Pursuant to Article 57 of the Statute 1propose
to state the grounds for my dissent.
SEPARATE OPINION OF JUDGE VAN WYK
GENERAG LROUND SOR DISMISSINA GPPLICANTS S'UBMISSIONS
1agree that the claim should be disrnissed and 1agree with the reasons
SEPARATE OPINION OF JUDGE MORELLI
[Translation]
1. 1wish to give the reasons why, in my view, the Court's 1962Judg-
ment on the preliminary objections was no bar to the rejection of the
claim on the merits on the ground of its not being based on substantive
rights pertaining to the Applicants.
can indeed be very considerable,-but this is a differentthing. It operates
on the political not the legal level: it does not make these resolutions
binding in law. If the "necessity" argument were valid therefore, it
would be applicable as much to trusteeships as it is said to be to man-
dates, because in neither case could the administering authority be
coerced by means of the ordinary procedures of the organization.
Theconclusion to be drawn is obvious.
DISSENTING OPINION OF SIR PERCY SPENDER
DISSENTIWG OPINION OF JCDGE IVELLINGTOS KOO
To my great regret 1 am unable to concur in the Judgment of the
Court. Although 1 reserve my own final conclusion in the case for
reasons explained toward the end of this statement, 1 find that the
grounds upon which the Judgment is based cannot be sustained
in fact or in law.
DISSENTING OPINION OF JCDGE MORENO QUIETANA