ПРОИЗХОД, РАЗВИТИЕ И ПРАВНА ПРИРОДА НА ИНДИВИДУАЛНИТЕ МНЕНИЯ НА СЪДИИТЕ В МЕЖДУНАРОДНИЯ СЪД НА ООН

Abstract

Under each case of the UN International Court of Justice every judge is entitled to declare his own, personal concept how the case should be decided. This concept is delivered separately and independently from the judgment of the case, which is delivered by the Court as a whole. The concept of the individual judge is, for this reason, known in the jurisprudence of the International Court of Justice as „individual opinion”. The possibility for delivering of individual opinions by the judges of the Court is adopted from the common law system and particularly from English law. In the Court individual opinions are two categories: separate opinion and dissenting opinion. A separate opinion is delivered by a judge who is either in agreement with the entire judgment – its operative part and reasons, or is in agreement with the operative part of the judgment but not the reasons for it. A dissenting opinion is rendered by a judge who disagrees with the judgement and votes against it, respectively.