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...Separate opinion of judge paik in the present proceedings tribunal was for first time since its estab lishment faced with a situation which one parties russian federation this case did not appear paragraphs order thus had to examine implications non appearance and consider how should be con ducted such nowhere above however invoke or make reference article statute hereinafter only provision dealing situ ation default raising doubt about applicability so doing apparently followed practice international court justice icj matter being that has never made specific own pro ceedings indication provisional measures my view better approach is apply conjunc tion paragraph united nations convention on law sea under request by applicant let me explain why rule procedure event provided reads as follows when does before fails defend other party may continue decision absence failure shall constitute bar making must satisfy itself it jurisdiction over dispute but also claim well founded fact undoubte...