1. As stated in the above Order, I voted in favour of all the subparagraphs of its operative part contained in paragraph 52. Without any further explanation this would mean that I fully share the position of the Tribunal concerning the structure, the contents and the scope of the entire operative part. This not being so, I attach this declaration to the Order; its purpose is to explain my vote on subparagraphs 2 and 3 of paragraph 52.
2. I voted in favour of subparagraph 2, as I do share the opinion concerning the importance of achieving at this stage of the relations between the parties, and at the beginning of the procedure of the Tribunal on the merits of the case, the main goal set in this operative provision: abstention of the parties from any action which might aggravate or extend the dispute. An arrangement to be applied between the parties pending the final decision of the Tribunal could be a useful additional step in the same direction.
3. In my opinion, the duty to abstain from any action “taken by their respective authorities or vessels flying their flag which might aggravate or extend the dispute submitted to the Tribunal” had to be prescribed by the Tribunal as a provisional measure. However, in the course of the deliberations it was decided that the only provisional measure prescribed by the Tribunal would be the one formulated in subparagraph 1, and that the contents of subparagraph 2 would be drafted and adopted in the form of a recommendation. The reasons why I disagree as to formulating subparagraph 2 as a recommendation are the following: