Dissenting Opinions in International Adjudication

To the Anglo-American lawyer, dissenting opinions are a familiar feature of the judicial process.Indeed, they may constitute one of its glories.The dissenting opinions of Mr. justice Holmes,-are rightly reckoned among the treasures of our legal literature.Similarly, the separate opinion of Judge Anzilotti in the Austro-German customs union case before the Permanent Court of International justice is described by Professor Brierly as "a contribution of pernanent value to international jurisprudence". 2To many Continental European jurists, on the other hand, dissenting opinions are regarded as anomalous, if not anathema. 3 How is this divergence of attitude to be explained?What, accordingly, is the status of dissenting opinions in international law, where due weight must be given to all legal systems prevailing in the civilized world? 4 I Every legal system has its procedural law, that is to say, law about law enforcement.Since in most modern communities the administration of justice is confided to impartial agencies acting under public authority, the chief subdivisions of such law deal with the organization, and with the operation, of judicial tribunals, respectively. 5 The admissibility of dissenting opinions is a topic falling within the second