这个做法反映了《法院规约》第三十一条第六项所载的“完全平等”的要求。
This practice reflects the requirement of “complete equality” expressed in paragraph 6 of Article 31 of the Statute of the Court.
51. 此外，国际法院当时认为，生活费补助完全不考虑法院法官居住或履行职责的地方，这也应当适用于专案法官。
Further, the Court argued at the time that the cost-of-living supplement was entirely independent of the place where its members resided or performed their duties and that this should also apply to judges ad hoc.
秘书长在A/C.5/40/32中认可了这一立场，显然是为了确保专案法官与法院法官完全平等。
This position was endorsed by the Secretary-General in A/C.5/40/32, clearly in order to ensure the complete equality of judges ad hoc and members of the Court.
专案法官之间的平等
Equality among ad hoc judges
52. 国际法院还指出，上文所述的过渡性措施，也可能使得在审理同一案件的专案法官之间因其任命日期不同而产生不平等。
The Court notes further that the transitional measure referred to above may also give rise to inequality among ad hoc judges sitting in the same case, depending on their date of nomination.
这种不平等待遇当然也违反《规约》第三十一条第六项的规定，即专案法官与法院法官之间不应存在任何不平等。
Such unequal treatment would of course also be contrary to Article 31, paragraph 6, of the Statute, according to which no inequality should exist between judges ad hoc and members of the Court.
如果法院法官之间不应有不同待遇，而且专案法官应当与法院法官享有平等待遇，那么，专案法官相互之间显然也应当享有平等待遇。
If there should be no difference in treatment between members of the Court themselves and the judges ad hoc should be treated equally with members of the Court, it is clear that judges ad hoc should also be treated equally among themselves.
这个显而易见的结论源于相同的前提，即要确保各国在法院诉讼中以及在国际法院中的平等。
This obvious conclusion flows from the same premise, i.e., the need to ensure equality of States “before and in” the Court.
53. 在过去，专案法官之间的平等原则一直得到国际法院的维护。
In the past, the principle of equality between judges ad hoc has continuously been protected by the Court.
秘书长和大会在审查专案法官的报酬时，也一直试图符合专案法官之间完全平等的要求。
The Secretary-General and the General Assembly have also always attempted to fulfil the requirements of complete equality among judges ad hoc when reviewing their compensation.
54. 第61/262号决议所规定的过渡性措施破坏了这些旨在确保完全平等的努力。
The transitional measure adopted by resolution 61/262 undermines those endeavours aimed at ensuring complete equality.
国际法院已指出，它已在一宗尚待审理的案件中因为要实施第61/262号决议而遇到困难，并表示，最近在领土和海洋争端（尼加拉瓜诉哥伦比亚）案专案法官的待遇方面，也遇到一些令人关切的问题。
The Court has advised that it has already encountered difficulties raised by the implementation of resolution 61/262 in a pending case and has indicated that it has very recently been faced with a situation of some concern with respect to the treatment to be afforded to judges ad hoc sitting in the case concerning the Territorial and Maritime Dispute (Nicaragua v.
由于专案法官每天工作的报酬是常任法官年薪的1/365,第61/262号决议可能引起的后果之一是，上述案件两名专案法官的报酬可能出现差异，因为一名专案法官是在决议通过之前任命,另一名是在2007年5月即决议通过之后任命。
Colombia).
Since the compensation to be paid to judges ad hoc for each day on which they perform their duties corresponds to 1/365th of the annual salary of permanent judges, one of the possible consequences of resolution 61/262 could have been a difference in the compensation of the two judges ad hoc in the above-mentioned case, given that one ad hoc judge had been appointed prior to the adoption of the resolution, while the other was appointed in May 2007, i.e., after its adoption.
55. 鉴于《宪章》（《法院规约》是《宪章》的构成部分）具有压倒任何其他法律承诺的至高无上地位，国际法院决定给予该案件两名专案法官平等待遇。
In view of the overall primacy of the Charter (of which the Court's Statute is an integral part) over any other legal commitment, the Court decided to give equal treatment to both judges ad hoc in this case.
56. 秘书长2007年6月13日写信给法院院长指出，法院的决定似乎不符合第61/262号决议。
The Secretary-General, in a letter to the President of the Court dated 13 June 2007, noted that the Court's decision was seemingly inconsistent with resolution 61/262.
秘书长还表示，他已被要求向大会第六十二届会议提交一份关于为法院法官制定养恤金计划备选方案的报告；当时他还表示，打算在向大会提交的报告中“建议可能解决这些引起困难的问题的切实措施”。
The Secretary-General further indicated that he had been requested to submit a report to the General Assembly at its sixty-second session on options for designing a pension scheme for the members of the Court, and expressed his intention at that point to “suggest possible practical measures for resolving problematic issues” in his report to the General Assembly.
57. 鉴于上述种种情况，国际法院认为，由于现任法官目前的报酬冻结在每年174 708欧元，所有专案法官每个工作日应得到常任法官年薪的1/365（174 708欧元/365）。
Given all of the above, the Court considers that, as the current emoluments of the members now in office have been frozen at €174,708 a year, all judges ad hoc should receive 1/365th of the annual salary of permanent judges (€174,708/365) per working day.
58. 国际法院还认为，冻结现任法官的薪酬，实际上减少了他们的报酬。
The Court also considers that freezing the emoluments of the members now in office results in a decrease in their remuneration in real terms.
《法院规约》第三十二条第五项规定，法院法官的薪金、津贴和报酬在任期内不得减少。
Article 32, paragraph 5, of the Statute of the Court states that the salaries, allowances and compensation of members of the Court may not be decreased during their term of office.
(a) 法官的月薪不再可能像过去那样，按照上下限机制，在最低14 559欧元与最高15 772欧元之间浮动；
(a) There would no longer be the potential for a judge's monthly salary to fluctuate as it had previously between a minimum of €14,559 and a maximum of €15,772 by operation of the floor/ceiling mechanism;
连任法官
Re-elected judges
59. 此外，第61/262号决议第8段规定的用意似乎是，在2007年1月1日这个关键日期之后当选连任的法院法官，将不受到《规约》第三十二条第五项规定的保护。
Further, the terms of paragraph 8 of resolution 61/262 seem to intend that members of the Court re-elected after the critical date of 1 January 2007 would not benefit from the protection of Article 32, paragraph 5, of the Statute.
60. 国际法院认为，把《规约》第三十二条第五项的规定理解为不允许法院法官的工资在任期内减少，是确切的。
The Court considers it accurate to hold that the terms of Article 32, paragraph 5, of the Statute allow for no decrease in salaries during the time of service of a member of the Court.
因此，《规约》第三十二条第五项也适用于连任法官的第二个任期，如果该任期是第一个任期的延续。
Accordingly, Article 32, paragraph 5, of the Statute applies also to a second term of office for re-elected judges when it is continuous with the first one.