Dissenting Opinion of Judge Morozov
DISSENTING OPINION OF JUDGE MOROZOV
DISSENTING OPINION OF JUDGE MOROZOV
SEPARATE OPINION OF JUDGE JIMÉNEZ DE ARÉCHAGA
1. While 1have voted for the operative part of the Judgment and am
in general agreement with the reasoning by which it is justified, I am,
however. unable to concur in one of the conclusions reached bv the
Court: that it is competent to pronounce on appeal on the third decision
SEPARATE OPINION OF JUDGE DE CASTRO '
Exercisirig the right conferred upon me by Article 57 of the Statute,
1venture to set out in detail a few of the reasons which determined my
vote.
Dissenting and separate opinions are criticized, especially in countries
which follow the Latin system, because they weaken the authority of
judgments: it is not the Court. it is said, but only a tiny majority which
SEPARATE OPINION OF JUDGE DILLARD '
1 an1 in fundamental agreeinent with the conclusioiis reached by the
Court and the reasons supporting them. In this separate opinion 1wish,
first, merely to inake certain gerieral observations in further support of
SEPARATE OPINION OF JUDGE ONYEAMA
1 regret tliat 1 find niyself iiiiable to concur in tlic decision that the
Court is conipetent to entertain lndia's appeal.
The jurisdiction of the Court is derived froni the combincd effcct of
Article 36 (1) of the Statute of tlie Court, Article 84 of the Convention on
International Civil Aviation (the Convention) and Article 37 of the
SEPARATE OPINION OF JUDGE PETRÉN
[Translation;
To niy regret, 1 am unable to concur in the opinion of the majority
of the Court in respect of the question whether the Chicago Convention
and its annexes authorize India's appeal in the present case. In my view
72 ICA0 COUNCIL (DECL. ZAFRULLA KHAN)
the Council. Nothing urged by India's counsel in his submissions to the
Court in this context has served to raise any doubt in my mind concerning
the correctness and propriety of the President's rulings and of the pro-
cedure followed by the Council.
As regards the second category, the brief answer to India's objections
is that Article 15 of the Rules for the Settlement of Differences has no
71 ICA0 COUNCIL (DECL. ZAFRULLA KHAN)
President Sir Muhammad ZAFRULL KHAN makes the following decla-
ration:
1 much regret 1am unable to agree that Article 84 of the Convention
read with Articles 5 (4), 15 and 18 of the Rules for the Settlement of
DISSENTING OPINION OF JUDGE RIPHAGEN
[Translation]
SEPARATE OPINION OF JUDGE AMMOUN
[Translation]
1. At the beginning of his separate opinion in the Corfu Channelcase,
Judge A. Alvarez, alluding to the fundamental changes which have taken
place in every sphere of human activity in recent decades, and especially
in international affairs and international law, wrote: