CORRESPONDENCE 769
1. THE AGENT FOR THE GOVERNMENT OF INDIA TO THE REGISTRAR
30 August 1971.
[See p. 3, supra.]
2. THE DEPU1'Y REGJSTRAR TO THE MINISTER FOR EXTERNAL AFFAIRS OF PA.KISTAN
(telegram)
30 August 1971.
Have honour inform you that on 30 August Application l was filed in
Registry of Court on behalf of India appealing from decision rendered on
29 July 1971 by Council of International Civil Aviation Organization on
Preliminary Objections raised by India conceming Application and Complaint
of Pakistan dated_ 3 March 1971 filed under Rules of ICAO Council for
Settlement of Differences. Application submits that aforesaid decision of
!CAO Council is illegal, nuit and void, or erroneous, on following grounds
or any others :
(a} Council has no jurisdiction to handle the matters presented by Respon
dent in its Application and Complaint, as Convention and Transit Agreement
have been terminated or suspended as between the two States. (b) Council
has no jurisdiction to consider Respondent's complaint since no action has
been taken by Applicant under Transit Agreement; in fact no action couId
possibly be taken by Applicant under Transit Agreement since that Agree
ment has been terminated or suspended as between the two States. ( c)
Question of Jndian aircraft overflying Pakistan and Pakistan aircraft over
flying lndia is governed by Special Régime·of 1966 and not by Convention'
or Transit Agreement. Any dispute between the two States can arise only
under Special Régime, and Council bas no jurisdiction to handle any such
dispute.
Have honour draw your attention Article 35 of Rules of Court, paragraph 3
of which provides that party against whom application is made and to
whom it is notified shall, when acknowledging receipt of Application, or as
soon as possible, inforrri Court of name of its Agent, and Paragraph ,5 of
which provides that appointment of Agent must be accompanied by statement
of address for service at seat of Court.
Full text of Application airmailed today with.copy to Pakistan Embass}',
The Hague.
3. THE DEPUTY REGJSTRAR TO THE MINISTER FOR EXTERNAL AFFAIRS OF PAKISTAN
30 August 1971.
I have the honour to enclose herewith a confirmatory copy of a telegram
which I have today addressed to Your Excellency, together with certified
copies of the Application of the Govemment of India referred to therein
and of the letter of transmittal of His Excellency the.Ambassador of lndia
1 See p. 4,supra.770 !CAO COUNCIL
at The Hague, who has been appointed Agent of the Government of lndia
in this case.
I shall in due course transmit to Your Excellency printed copies of the
Application in the English and French edition which will be prepared by the
Registry.
The question of the fixing of time-limits for the filing of the pleadings in
the case will form the subject of a later communication. In this connection,
I would venture to draw attention to Article 37, paragraph 1, of the Rules
of Court.
4. THE DEPUTY REGISTRAR TO THE AGENT FOR THE GOVERNMENT OF INDIA
30 August 1971.
I have the honour to acknowledge the receipt of the letter of 30 August
1971 by which you submitted to the International Court of Justice, as Agent
of the Govemment of India, an Application on behalf of the Government of
India appealing from the decision rendered on 29 July 1971 by the Council
of the International Civil Aviation Organization.
The Application has today been communicated to the Government of
Pakistan.
The question of the fixing of time-limits for the filing of the pleadings in
the case will form the subject of a later communication. ln this con
nection, I would venture to draw attention to Article 37, paragraph l, of the
Rules of Court.
5. THE ADDITIONAL FOREIGN SECRETARY OF PAKISTAN TO THE REGISTRAR
1 September 1971.
I am directed by the President of Pakistan to designate His Excellency
Mr. R. S. Chhatari, S.Q.A., P.F.S., Ambassador of Pakistan to the Nether
lands, as Agent for Pakistan and Mr. S. T. Joshua, P.F.S., Third Secretary,
Embassy of Pakistan, The Hague, as Deputy Agent for Pakistan, in the
matter of application filed by India against the decision rendered on 29th July,
1971, by the Council of International Civil Aviation Organization on pre
liminary objections raised by India concernirig application and complaint of
Pakistan dated 3rd March, 1971.
2. The address of the Agent and the Deputy Agent is as follows:
Embassy of Pakistan;
7,Van Stolkweg,
The Hague.
(Signed) Mumtaz A. ALVIE.
6. THE REGISTRAR TO THE AGENT FOR THE GOVERNMENT OF INDIA l
9 September 1971.
I have the honour to transmit to you herewith for your information three
1 A C-Ommunicationin the same terms was sent to the Agent for the Govemment
of Pakistan. CORRESPONDENCE 771
copies of the bilingual edition printed by the Registry of the Application of
the Government of lndia in the Appeal relating to the Jurisdiction of the
Counci/ of the illfernationa/ CMI Aviation Organization.
7. THE REGISTRAR TO THE SECRETARY-GENERAL OF THE UNITED NATIONS
9 September 1971.
I have the honour to refer to my cable of 30 August 1971, a copy of which
is enclosed herewith 1,and to inform you that I am forwarding to you under
separate cover (by airmail printed matter, marked "Attention, Director,
General Legal Division") 150 copies of the Application filed on 30 August
1971 on behalf of the Government of lndia instituting proceedings against
the Government of Pakistan in an Appeal relating to the Jurisdiction of the
Council of the International Civil Aviation Organization.
I should be grateful if, in accordance with Article 40, paragraph 3, of the
Statute of the Court, you would be good enough to inform the Members of
the United Nations of the filing of this Application.
8. LE GREFFIER AU MINISTRE DES AFPAIRES ÉTRANGÈRES D'AFGHANISTAN 2
9 septembre 1971.
Le 30 août 1971 a étédéposéeau Greffe de la Cour internationale de
Justice, au nom du Gouvernement indien, une requête par laquelle ce
gouvernement introduit contre le Gouvernement pakistanais une instance
relative à un Appel concernant la compétence du Conseil de l'Organisation de
l'aviation civile internationale.
J'ai l'honneur, à toutes fins utiles, de transmettre ci-joint à Votre Excellence
un exemplaire de cette requête.
9, LE GREFFIER AU CHEF DU GOUVERNEMENT DU LIECHTENSTEIN 3
9 septembre 1971.
Le 30 août 1971 a étédéposéeau Greffe de la Cour internationale de
Justice, au nom du Gouvernement indien, une requête par laquelle ce
gouvernement introduit contre le Gouvernement pakistanais une instance
relative à un Appel concernant la compétence du Conseil de l'Organisation de
/'aviation civile internationale.
Me rèfèrant à l'article 40, paragraphe 3, du Statut de la Cour, j'ai l'honneur
de transmettre ci-joint à Votre Excellence un exemplaire de cette requête.
1 Not reproduced.
2 La mêmecommunication a étéadressée aux autres Etats Membres des Nations
Unies.
3 La mêmecommunication a étéadresséeaux autres Etats non membres des Nations
Unies admis à ester devant la Cour. 772 ICAO COUNCIL
10. THE DEPUTY REGlSTRAR TO THE AGENT FOR THE GOVERNMENT OF INDIA 1
16 September 1971.
I have the honour to inform you that, in the Appeal relating to the Juris
diction of the /CAO Council (lndia v. Pakistan), the Vice-President of the
International Court of Justice, Acting President in this case, bas, by Order
of today's date 2 fixed 16 December 1971 as the time-limit for the filing of
the Memorial of the Government of lndia, and reserved the subsequent
procedure for further decision. The official copy of the Order for your
Government will be despatched to you in due course.
I have the further honour to enclose for your information a note concerning
the printing of pleadings, together with a copy of the Registry's Ru/es /or
the Preparation of Typed and Printed Texts 3referred to therein.
Note for the Parties concerning Printing of Pleadings
l. Article 40, paragraph 1, of the Rules of Court provides that the original
of every pleading shall be signed by the Agent and filed in the Registry,
accompanied by the number of printed copies fixed by the President. In the
present case the number so fixed is 125, but without prejudice to an increase
in that number should the need arise later.
2. In a footnote to Article 40 the Agents of the parties are requested to
ascertain from the Registry the usual format of the pleadings. The purpose
isto secure a certain degree of uniformity in the presentation of the pleadings,
thus facilitating their handling and study. Enclosed herewith is a copy of
the Registry's Ru/es for the Preparation of Typed and Printed Texts, together
with examples of past p!eadings. The Court has instructed the Registrar to
stress most particularly that p!eadings sent to him should be in the format
19 X 26 cm. (7t" X 101").
3. ln paragraph 4 of Article 40 it is provided that the Registrar may, at
the request of a party and at the cost of that party, arrange for the printing
of pleadings. Such printing, which is done under the responsibility of the
party, is entrusted to one of the printers who habitually work for the Court
and are thus fully familiar with the usual presentation and typography of the
Court's documents.
4. After the termination of a case, the Registry reproduces the pleadings
in the Court's Pleadings, Oral Arguments, Documents series of publications.
If the arrangement described in paragraph 3 of this note is followed, the
Registry is prepared to bear half the cost of simple typesetting of the pleading
in question at the normal rate current between the Court and the printer
selected. By cost of simple typesetting is to be understood the cost of type
setting proper, but excluding ail supp!ementary charges such as for author's
corrections, overtime, footnotes or marginal notes, setting in tables or
columns, inset plates or engravings, etc.
1
A communicationin the sameterms was sent to the Agentfor the·Govemment
of1Pakistan.
3 l.C.J. Reports1971,p. 347,
Not reproduced. CORRESPONDENCE 773
5. In respect of an annex which is not published in the,Pleadings, Oral
Arguments, Documents series the Registry does not share in the cost of
typesetting. This applies inter alia to any text in a language other than
English or French; similarly, if the same text is reproduced more than once
as an annex by the parties in the course of the same proceedings, the Registry
bears itspart of the cost once only. .
6. If a party considers that it is in its interest tô avail itself of the possibility
thus offered, it is for it to make its own arrangements with the printer direct,
particularly as regards the date by which, having regard to the time-limit
fixed by Order and the length of the text to be printed, the manuscript is
to be delivered to the printer. The staff of the Registry are not concemed in
these arrangements and do not undertake the proof reading or see to the
insertion of author's corrections.
7. The amount due by the Registry is paid direct by it to the printer, after
the invoice and the printed text have both been checked; the party concerned
is kept informed. The type is kept at the printers at the Court's expense and
is deerned to belong to the Court.
lL THE LEGAL COUNSEL OF THE UNITED NATIONS TO THE REGISTRAR
22 Septernber 1971.
I have the honour to refer to cable ICJ/44 of 30 August 1971 from the
Deputy Registrar to the Secretary-General informing him that on 30 August
1971 an Application was filed by India appealing from a decision rendered
on 29 July 1971.by the ICAO Council on preliminary objections raised by
lndia conceming the application and cornplaint of Pakistan dated 3 March
1971 filed under ICAO's Council rules for settlement of differences, and to
your letter of 9 Septernber 1971 inforrning hirn of the transmission of 150
copies of the Application with the request that he inform Member States of
its filing.
In accordance with Article 40, paragraph 3 of the Statute of the Inter
national Court of Justice, the Secretary-General has notified the Members
of the United Nations of this Application. A copy of the circular note in
English and French is enclosed 1,It is my understanding that you will have
notified directly the other States entitled to appear before the Court.
(Signed) Constanfin A. STAYROPOULOs.
12. THE AGENT FOR THE. OOVERNMENT OF PAKISTAN .TO THE REGISTRAR
29 Septernber 1971.
I have the honour fo iriforrn that the Governrnent of Pakistan bas appointed
Mr. S. Sharifuddin Pirzada, S.Pk., Attorney General of Pakistan and former
Foreign Minister of Pakistan as the Chief Counsel for Pakistan in the appeal
filed by India to International Court of Justice against 1.C.A.O. 's decision.
(Signed) R. S: CHHATARr.
1 Not reproduced.774 ICAO COUNCIL
13, THE SECRETARY TO THE MINISTRY OF EXTERNAL AFFAIRS OF INDJA TO THE
REGISTRAR
22 November 1971.
I have the honour to invite yoiu attention to my telegram 1 dated 22nd
November, 1971, and to inform you that the Government of India have
appointed as their Agent in Appeal relating to the Jurisdiction of the /CAO
Council (India v. Pakistan) instituted by theAppliction filed by the Govern
ment of India on 30th August, 1971, Lt. General His Highness Yadavindra
Singh, Maharaja of Patiala, Ambassador of India at The Hague, in place
ofShri J. N. Dhamija. I enclose a certificate issued by the Minister of Externat
Affairs to this effect.
(Signed) S. K. BANERJI.
22nd November, 1971.
I, Swaran Singh, Minister of Extemal Affairs, Govemment of lndia, do
certify that Lt. General His Highness Yadavindra Singh, Maharaja of Patiala,
Ambassador of lndia at The Hague has been duly appointed as the Agent
for the Government of India in Appeal relating to the Jurisdiction of the
/CAO Council (India v. Pakistan).
(Signed) Swaran SINGH.
14, THE REGISTRAR TO THE AGENT FOR THE GOVERNMENT OF INDIA 2
9 December 1971.
I have the honour to send you herewith for your information the text of
the Ortler of 3December 1971 3by which the Vice-President, Acting President
in this case, extended to 22 December 1971 the time-Iimit for the filing of the
Memorial of India in the Appeal relating to the Jurisdiction of the /CAO
Council (lndia v. Pakistan). The official copy for your Government, duly
signed and sealed, will be transmitted to you in,due course.
15, THE AGENT FOR THE GOVERNMF;NT OF lNDIA TO THE REGlSTRAR
12 December 1971.
I have the honour to inform you that Mr. N. A. Palkhivala, Senior Advo
cate, Supreme Court of India, will be the Chief Counsel for India in Appeal
relating to the Jurisdiction of the Council of the International Civil Aviation
Organisation (India v. Pakistan) instituted by the Application filed by the
Government oflndia on 30th August 1971. Names of other Counsel attending
the hearing of the case wi1Jbe communicated later.
I have also the honour to inform you that the Government of India have
nominated as their Deputy Agent in the above case Mr. T. S. Ramamurti,
First Secretary, Embassy of lndia at The Hague.
(Signed) YADAVINDRA S1NGH.
2 Not reproduced.
A communication in the same terms was sent to the Agentfor the Governmen t
ofPakistan.
3J.C.J. Reports 1971,p.350. CORRESPONDENCE 775
16. THE AGENT FOR THE GOVERNMENT OF INDIA TO THE REGISTRAR
12 December 1971.
l have the honour to refer to the proceedings between India and Pakistan
in Appeal relating to the Jurisdiction of the Counci/ of the International Civil
Aviation Organisation instituted by the Application filed by the Government
of.lndia on 30th August 197 l.
I am instructed by the Government of India to notify you, in accordance
with Article 3 of the Rules of Court, that the Government of India considers
that it possesses the right to choose a Judge under Article 31 of the Statute
of the Court and intends to exercise that right. The person chosen by the
Government of India to sit as Judge is Dr. Nagendra Singh, Secretary to the
President of lndia. Dr. Nagendra Singh is a member of.the Permanent Court
of Arbitration. He was nominated as candidate for election as Judge of the
International Court of Justice in 1969. He bas a\so been nominated by the
National Group of the Permanent Court of Arbitration for election as a Judge
of the International Court of Justice to be held in 1972. A Biographical Note
about him will follow.
I should be grateful if you would please bring the contents of this Ietter
to the attention of the members of the Court and of the·Agent of the res
pondent party.
(Signed) YADAVINDRA SINGH •.
17. THE REGJSTRAR TO THE AGENT FOR THE GOVERNMENT OF PAKISTAN
14 December 1971.
I have the honour to inform you that by a letter dated 12 December the
Agent of India bas informed me that the Government of India considers
that it possesses the right to choose a judge under Article 31 of the Statute
of the Court ta sit in the Appeal relating to the Jurisdiction of the /CAO
Council (India v. Pakistan), and intends to exercise that right; the Agent of
lndia further states that his Government has chosen Dr. Nagendra Singh,
Secretary to the President of lndia, ta sit as such judge.
Under Article 3, paragraph 1, of the Rules of Court the Vice-President,
Acting President in this case, has fixed 14 January 1972 as the time-limit
within which the Government of Pakistan may submit its views on this
notification.
A certified copy of the letter containing the notification is enclosed here
with.
18, THE AGENT FOR THE GOVERNMENT OF JNDIA TO THE REGISTRAR
22 December 1971.
I have the honour ta submit herewith to the International Court of Justice
a Memorial l on behalf of the Government of India in the Appeal relating to
the Juri~diction of the /CAO Council (lndia v. Pakistan} instituted by the
Application filed by the Government oflndia on 30th August 1971. I would
be grateful if you could kindly inform me in case there are any technicat·or
1 See p. 25,supra.776 ICAO COUNCIL
format defects. in:·the.Memorial which you would desire ta .be rectified.
125 copies of ~he Memorial are being sent to you separately.
(Signed) YADAVINDRA SINGH.
19. THE AG°EN'fF°ORTHE GOYERNMENT OF PAKISTAN TO Tiff REGISTRAR
22 December 1971.
I acknowledge With·thaiiks receipt of your letter No. 52113, dated the
22nd of Decetnbei, 1971',and the five copies of the Memorial which were
enclosed with it. I shall fàrward the Memorial to my Government just as
soon as communications permit. You know that, at preseht, internatiènal
flights are not overflying Pakistan and I do not, therefore, know by which
date the publication -willbe able to reach my Government.
' ' (Signed), R. S. CHHATARI.
20. THE AGENT FOR .THE GOVERNMENT OF PAKISTAN TO THE REGISTRAR
24 December 1971.
. Please refer to your letter No. 52069, dated the 14th of December, 1971.
The Government of Pakistan has no objection to the appointment of
Dr. Nagendra Singh, as an ad hoc judge to the Court in the Appeal relating
to the Jurisdiction of the /CAO Council.
(Signed) R. S. CHHATARI.
21. THE AGENT FOR THE GOVERNMENT OF PAKISTAN TO THE REGISTRAR
5 January 1972.
In continuation 'of my letter No. Amb. 1/55/71, dated the22nd of Decem
ber, 1971, ackriowledging receipt ofyour letter along with five J)rinted copies
of lndia's Memorial, !'have the honour to state that .the documents will be
flown to the Government of Pa"kistan on Friday, the·7th of January, 1972.
(Sign<'d) R. S. CHHATARI.
22. THE AGENT fOR THE GO~ERNMENT OF PAKISTAN TO THE REGJSTRAR
· 17 January J972.
On behalf of tp.YGovernment, I have the honour to request that t_ime-limit
for submission of Pakistail'S counter-memorial in the Appeal relating to the
Jurisdiclion of the /CAO Council (India v. Pakistan) may be fixed at 29th
February, 1972. '
(Signed) _R.S. CHHATARt.
23. THE REGiSTRAR TO THE AGENT FOR THE GOVERNMENT OF INDIA 1
1 .,, 1. 19 January 1972.
I have the honour: tO"infotm Your Exce1Jency that by an Orcier of toi:lay's
date 2, the Vice-President of the Court, Acting President in the Appeal
• ' 1
1
A communication in thè same terms was sent to the Agent for the·Government
of2akistan.
l.C.J. Reports 1972, p. 3. CORRESPONDENCE 777
relating to the Jurisdiction of the !CAO Council (lndia v. Pakistan), has fixed
the following time-limits, having regard to Article 48 of the Statute and
Article 37 of the Rules, for the filing of the further pleadings in this case:
For the Counter-Memorial of Pakistan: 29 February 1972;
For the Reply of India: 30 March 1972;
For the Rejoinder of Pakistan: 28 April 1972.
The official copy of the Order in question will be·sent to you as soon as
possible.
24. THE AGENT FOR THE GOVERNMENT OF lNDIA TO THE REGISTRAR
11 February 1972.
I have the honour to invite your attention to your letter dated 19 January
1972 wherein you had informed me of the Order of the Acting President in
the Appeal relating to the Jurisdiction of the !CAO Council (lndia v. Pakistan)
regarding the filing of the further pleadings in this case. The Order fixed,
inter alia, 30 March 1972 as the time-limit for the submission of the Reply
of the Government of Jndia to the Counter-Memorial of the Government of
Pakistan to be filed on 29 February 1972.
As you are aware, I, as the Agent of the Govemment of India, have not
been consulted by the Acting President, as envisaged in Article 37 of the
Ru les of Court, before he passed the aforementioned Order. The Government
of India considers that the one-mon th period given by the Court for filing its
Reply to Pakistan's Counter-Memorial may not be reasonable. We are not
aware of the size and contents of Pakistan's Counter-Memorial, time will be
required for getting it to Delhi, having it examined by the authorities con
cerned, getting the draft Reply settled by its Senior Counsel and approved
by the Government, and having the Reply printed at The Hague. Ali this,
would certainly take much longer than one month.
I might also mention that the Court has in its past practice, in most cases,
granted two to eight months period for filing Replies to Counter-Memorials.
ln fact, it appears that in only one case (Colombia-Peru Asy/um Case in 1950)
was a one-month period fixed by the Court for Colombia to file its Reply to
Peru's Counter-Memorial.
You may, therefore, kindly inform the Court that, after seeing the size and
contents of Pakistan's Counter-Memorial, and if considered necessary, the
Government of India may move the Court for an appropria te extension of the
time-limit for filing its Rep\y to Pakistan's Counter-Memorial.
(Signed) YADAVINDRA SINGH.
25, THE AGENT FOR THE GOVERNMENT OF PAKISTAN TO THE REGISTRAR
29 February 1972.
In pursuance of the Order made on the 19th of January, 1972, by the
Vice-President, discharging the dulies of the President uncier Article 13 of
the Rules of Court, I have the honour to enclose herewith one signed copy
of Pakistan's Counter-Memorial 1 in the Appeal relating to the Jurisdiction of
the !CAO Council (India v. Pakistan). · ·
125 printed copies of the Counter-Memorial are also·enclosed herewith: .
(Sign,-):... S. ,CHHATARI •
1 See p.369,supra.778 ICAO COUNCIL
26. THE REGISTRAR TO THE AGENT FOR THE GOVERNMENT OF INDIA
1 March 1972.
I have the honour to refer to your letter of 11 February, and to your
observations on the Order made on 19 January 1972 by the Vice-President,
Acting President in the Appeal relating to the Jurisdiction of the !CAO Council,
whereby the time-limits were fixed for the filing of the Counter-Memorial,
Reply and Rejoinder in that case.
Having communicated the contents of your letter to the Vice-President,
I now have the honour to inform you that the Order in question was drawn
up in the light of the information on procedural matters supplied earlier to
the Vice-President by the Parties, as is in fact shown by the fact that provision
was made for lndia to reply to the Counter-Memorial of Pakistan, as your
Government had expressed a desire to do. The Vice-President considered
that he was in possession of sufficient information to fix the time-limits for the
further pleadings without there being any need to consult the Parties afresh.
As to the length of the time-limits so fixed, analogies with previous_cases
before the Court could be of only limited guidance. The Vice-President took
into consideration the fact that the present case has corne before the Court
by way of appeal, that ithas already been gone into at length before the
ICAO Council, and that fresh points were unlikely to be raised with regard
to the Council's jurisdiction. Furthermore, it was essential to take into
account the need to ensure prompt administration of justice, by fixing for
the second exchange of pleadings time-limits reasonably in proportion with
those fixed for the first exchange.
The Vice-President therefore took the view that one month should be
sufficient for each of the last tWo pleadings. Should the Counter-Memorial
be such, by reason of its length or by its raising fresh issues, as to require
particularly lengthy and careful study, it would of course be open to the
Government of India to apply for extension of the time-limit, in accordance
with Article 37, paragraph 4, of the Rules of Court.
27. THE AGENT FOR THE.GOVERNMENT OF INDIA TO THE REGISTRAR
9 March 1972.
l have the honour to refer to the Ortler of 19 January 1972 passed by the
Vice-President of the International Court of Justice, Acting President under
Article 13 of the Rules of Court, in the Appeal re/ating to the Jurisdiction of
the_ICAO Council (lndia v. Pakistan) whereby he fixed, inter alia, 30 March
1972, as the time-limit for the submission of the Reply of the Government of
Indîa to the Counter-Memorial of the Government of Pakistan.
After taking into account the contents of Pakistan's Counter-Memorial,
the Government of lndia has decided to request the Court, under Article 37,
paragraph 4, of the Rules of Court, for an extension of the time-limit for
filing its Reply until 30 April 1972, for the reasons set out below.
Pakistan's Counter-Memorial was received in Delhi only on 6 March 1972.
It is a lengthy document and raises several fresh issues of fact and law which
need to be carefully examined by a11authorities concerned. The draft reply
prepared thereafter will have to be settled by the Chief Counsel of the
Government of India who "resides in Bombay. Further, the Court printers
at The Hague would appear to require at least three to four weeks for printing
the Reply. CORRESPOND ENCE 779
The Government of lndia, therefore, requests the Court to revise its
earlierOrder and extend the time-limit for the filing of Reply as stated above.
(Signed) YADAVINDRA SINGH.
28. THE DEPUTY AGENT FOR THE GOVERNMENT OF PAKISTAN TO THE REGISTRAR
17 March 1972.
I have the honour to refer to your letter No. 52394, dated 5 March 1972
regarding the Government of Jndia's request for extension of time-limit.
The Government of Pakistan is strongly opposed to the grant of any
extension to the Government of lndia for the submission of her Reply. The
grounds on which this extension is requested are totally invalid and dilatory,
meant solely to de\ay proceedings in this case. In her Counter-Memorial the
Government of Pakistan has raised no new points but only replied to the
arguments put forward in the Government of India's Memorial.
Further the Government of Pakistan do not feel that the printing of
India's Reply should take as long as has been stated by the Government of
India, nor should this be a valid ground for extension of the time-limit.
Pakistan is suffering considerable inconvenience and hardship as a result
of lndia's action, which is the subject of Pakistan's comp\aint to the ICAO,
and is anxious that the hearing of the appeal should be proceeded with as
early as possible. lt trusts that oral hearings may be scheduled for early
May 1972 as could have been envisaged under the original schedule laid out
in the Order of the Vice-President of the Court of 19 January 1972.
(Signed) S. T. JosHUA.
29. THE REGISTRAR TO THE SECRETARY-GENERAL OF !CAO
17 March 1972.
I have the honour to inform you that in the Appeal relating to the Jurisdic
tion of the /CAO Council (lndia v. Pakistan), referred to the International
Court of Justice under Article 67 of the Rules of Court by way of appeal
against the decision rendered on 29 July 1971 by the Council of the Inter
national Civil Aviation Organization, one of the parties has advanced the
contention that questions concerning the application and the interpretation
of the Convention on international Civil Aviation, signed at Chicago on
7 December 1944, are in issue.
Article 34, paragraph 3, of the Statute of the Court provides as follows:
"3. Whenever the construction of the constituent instrument of a
public international organization or of an international convention
adopted thereunder is in question in a case before the Court, the Registrar
shallso notify the public international organization concerned and shall
communicate toit copies of all the written proceedings."
In these circumstances, the Vice-President of the Court, Acting President,
in this case in accordance with Article13 of the Rules of Court, has instructed
me to communicate to the International Civil Aviation Organization copies
of ail the written proceedings. This instruction was given pursuant to Article
57, paragraph 5, of the Rules, which is in the following terms:
"5. In the circumstances contemplated by Article 34, paragraph 3,
of the Statute, the Registrar, on the instructions of the Court, or of780 ICAO COUNCIL
the President if the Court is not sitting, shall proceed as prescribed in
that paragraph. The Court, or the President if the Court is not sitting,
shall, as from the date on which the Registrar has oommunicated copies
of the written proceedings, fix a time-limit within which the public
international organization concerned may submit to the Court its ob
servations in writing. These observations shall be communicated to the
parties and may be discussed by them and by the representative of the
said organization during the oral proceedings.''
I accordingly have the honour to enclose herewith copies of the Application
instituting proceedings, the Memorial submitted by the Government of India,
and the Counter-Memorial submitted by the Government of Pakistan. By an
Order made by the Vice-President on 19 January 1972, 30 Match 1972 and
28 April 1972 have been fixed as the time-limits for the filing of a Reply by
India and a Rejoinder by Pakistan. Upon the filing of these pleadings I shall
not fail to transmit copies to you.
30. THE Rl!GISTRAR TO THE AGENT FOR THE OOV.ERNM.ENT OF INDIA 1
20 Match 1972.
I have the honour to refer to your letter of 9 March 1972, reference No.
HAG/103/3/7l-Vol. Il, whereby the Government of India requested an
extension of the time-limit fi.xedby the Order of 19January 1972for the filing
of the Reply of India in the Appeal relating to the Jurisdiction of the /CAO
Council (lndia v. Pakistan).
I now have the honour to inform you that by an Order of today's date 2 ,
the Vice-President of the Court, Acting President in the case, bas extended
that time-limit to17April 1972,and bas consequently extended the time-limit
for the filingf the Rejoinder of Pakistan to 16 May 1972.
The officialcopy of the Order will be sent to you as soon as possible.
31. THE DEPUTY AGENT FOR THE GOVERNMENT OF PAKISTAN TO THE REGISTRAR
27 March 1972.
I have the honour to acknowledge receipt of your letter No. 52444, dated
the 20th of March, 1972, conveying the Order of the Vice-President, Acting
President in the case, extending the time-limit for India's Reply to 17th April,
1972, and the time-limit for the filing of the Rejoinder of Pakistan to 16th
May, 1972.
While noting these decisions, the Government of Pakistan wishes to state
that pending receipt and study of India's Reply, the Government of Pakistan
wishes to reserve ils right to submita Rejoinder. Subject to this reservation,
the Government of Pakistan would deal with the points raised in India's
Reply in the course of its oral submissions.
The Govemment of Pakistan is most anxious that, in view of the nature
of the proceedings and of the interests involved, the Court may be pleased
to determine that, subject to the reservation made above, oral hearings may
be opened not later than 10th May, 1972.This intimation would ensure that
1 A similar communication was sent to the Agent for the Government of Pakistan.
1 J.C.J.Reports1972, p. 6. CORRESPOND ENCE 781
Parties would have sufficient time to prepare themselves for. the opening of
oral hearings early in May.
(Signed) S. T. JOSHUA.
32, LE GREFFIER AU MINISTRE DES AFFAIRES ÉTRANGÈRES D'AFGHANISTAN 1
28 mars 1972.
J'ai l'honneur de vous faire connaître ·que, dans l'affaire de !'Appel con
cernant la compétence du Conseil de l'OACI (Inde c. Pakistan) qui a été
portée devant la Cour internationale de Justice par une requêtedu 30 aoüt
1971 dont copie vous a étéadresséepar le Secrétairegénéralde l'Organisation
des Nations Unies aux termes de l'article 40, paragraphe 3, du Statut de la
Cour, l'une des Parties a fait valoir que des questions concernant l'application
et l'interprétation de la Convention relative à l'aviation civile internationale
et de l'Accord relatif au transit des services aériensinternationaux, tous deux
signés à Chicago le 7 décembre 1944, sont en jeu.
Dans ces conditions, je vous prie de considérer la présente lettre comme
constituant l'avertissement prévu à l'article 63 du Statut.
33. LE GREFFIER AU MINISTRE DES AFFAIRES ÉTRANGÈRES DU BRÉSIL 2
28 mars 1972.
J'ai l'honneur de vous faire connaître que, dans l'affaire de !'Appel con
cernant la compétence du Conseil de l'OACI (Inde c. Pakistan) qui a été
portée dev~nt la Cour internationale de Justice par une requêtedu 30 aoüt
1971 dont copie vous a étéadresséepar le Secrétairegénéralde l'Organisation
des Nations Unies aux termes de l'article 40, paragraphe 3, du Statut de la
Cour, l'une des Parties a fait valoir que des questions concernant l'application
et l'interprétation de la Convention relative à l'aviation civile internationale,
signée à Chicago le 7 décembre 1944, sont en jeu.
Dans ces conditions, je vous prie de considérer la présente lettre comme
constituant l'avertissement prévu à l'article 63 du Statut.
34. THE AGENT FOR THE GOVERNMENT OF INDIA TO THE REGISTRAR
17 April 1972.
I have the honour to submit herewith to the International Court of Justice
the Reply 3 on behalf of the Government of India fo the Counter-Memorial
submitted by the Governrnent of Pakistan in the Appeal re/ating to the
Jurisdiction of the I.C.A.O. Counci/ (India v. Pakistan). I would be grateful
if you could inform me in case there are any technical and formai defects in
the reply which you would desire to be rectified.
(Signed) YADAVINDRA SINGH.
1 Une communicationanaloguea été adresséeauxautres Etats partieà la Conven-
tion età !'Accordde transit de1944. . , .
2 Unecommunicationanaloguea été adresséeauxautres Etats partieà la Conven
tion de 1944.
3 Seep. 405,supra. 782 ICAO COUNCIL ·
35. THE DEPUTY AGENT FOR THE GOVERNMENT OF- PAKISTAN TO THE REGISTRAR
21 April 1972.
I have the honour to invite your attention to our letter No. Amb. 1/55/72,
dated the 27th of March, 1972, regarding further pleadings in the Appeal
relating to the Jurisdiction of the /CAO Council (lndia v. Pakistan).
The Government of Pakistan have decided that they would submit a
written Rejoinder on the 16th of May, 1972, the date fixed by the Vice
President, Acting President in this case, vide bis Order dated the 20th of
March, 1972.
(Signed) S. T. JOSHUA.
36. THE DEPUTY AGENT FOR THE GOVERNMENT OF PAKISTAN TO THE REGrSTRAR
15 May 1972.
In pursuance of order made on the 20th March 1972 by the Vice-President,
discharging the fonctions of the President of the Court, under Article 13 of
the Rules of the Court, I have the honour to submit herewith one signed copy
of Pakistan's Rejoinder 1in the Appea/re/ating to the Jurisdiction of the /CAO
Council (India v. Pakistan).
125 copies of the Rejoinder are also enclosed.
(Signed) S. T. JosHUA.
37. THE REGISTRAR TO THE SECRETARY-GENERAL OF ICAO
15 May 1972.
I have the honour. to refer to my letter of 17 March 1972 and to inform
you that I have today despatched to you a copy of the Rejoinder filed by the
Agent for Pakistan in the Appeal relating to the Jurisdiction of the /CAO
Council (India v. Pakistan).
This is the final pleading in this case and has been communicated to you,
as were the previous written proceedings, pursuant to Article 34, paragraph 3,
of the Statute of the Court, one of the parties having advanced the contention
that questions concerning the construction of the constituent instrument of
the International Civil Aviation Organization, namely the Convention on
International Civil Aviation of 7 December 1944, and of the international
convention adopted thereunder, namely the International Air Services Transit
Agreement of 7 Decèmber 1944, are in issue in the case.
The Vice-President, Acting President under Article q of the Rules of
Co'urt, bas directed me to inform you that he has fixed 6 June 1972 as the
·time-limit within which the International Civil Aviation Organization may
submit to the Court, should it so intend, observations on these questions, in
accordance with Article 57, paragraph 5, of the Rules. ··
38. THE AGENT FOR THE GOVERNMENT OF INDIA TO THE REGISTRAR
22 May 1972.
In continuation of my letter No. HAG/103/3/71-Vol. II of December 12,
1
See p. 457,supra. CORRESPONDENCE 783
1971, I have the honour to inform you that the Government of Jndia have
nominated as their Deputy Agent in the Appeal re/ating to the Jurisdiction
of the !CAO Council (lndia v. Pakistan), Dr. S. P. Jagota, Director, Legal
and Treaties Division, Ministry of External Affairs, in addition to Mr. T. S.
Ramamurti, First Secretary, Embassy of India at The Hague. Dr. S. P.
Jagota's address is as follows:
Dr. S. P. Jagota,
Director,
Legal and Treaties Division,
Ministry of External Affairs,
C/o. Embassy of India,
The Hague.
(Signed) YADAVINDRA SINGH.
39. THE DEPUTY AGENT FOR THE GOVERNMENT OF PAKISTAN TO THE REGISTRAR
31 May 1972.
I have thehonour to refer to our letter No. Amb. 1/55/71, dated September
29,1971 and to say that the Government of Pakistan has decided to appoint
Mr. Yahya Bakhtiar, Attorney General of Pakistan as their Chief Counsel
in the Appeal re/ating to the Jurisdiction of the !CAO Council (lndia v.
Pakistan). Mr. Yahya Bakhtiar replaces Mr. S. Sharifuddin Pirzada in this
capacity.
(Signed) S. T. JOSHUA.
40. THE DEPUTY AGENT FOR THE GOVERNMENT OF PAKISTAN TO THE REGISTRAR
31 May 1972.
I have the honour to state that the Government of Pakistan requests that
the Court may be pleased to schedule oral hearings in the Appeal re!ating to
the Jurisdictionof the !CAO Counci/ to begin by the 12th of June, 1972.
(Signed) S. T. JosHUA.
41. THE AGENT FOR THE GOVERNMENT OF INDIA TO THE REGISTRAR
5 June 1972.
I have the honour to recall the submissions made by me to the Acting
President of the International Court of Justice at the hearing held in bis
Chamber on 23rd May 1972 to the effect that the oral proceedings in the
Appeal relating to the Jurisdiction of the /CAO Council should begin after the
summit talks are held between India and Pakistan which commence on 28th
June 1972 and ta state that if the Honourable Court are inclined, at its sitting
on 6th June 1972, not to accede ta our request, they may kindly fix the date of
oral proceedings as convenient to them.
However, I have been directed by the Government of India ta state that
the Honourable Court may be pleased to give a 11?,inimumof twenty days'
notice to Parties so that arrangements may be made for our Counsel to reach
The Hague with books and materials to present their cases. Because of the
time difference, the decision taken by the Court at its sitting on 6th June 1972784 ICAO COUNCIL
will not reach New Delhi until 7th June 1972 and commencement of oral
proceedings on 12th June 1972 would not give adequate time to our team of
Counsel to reach The Hague in time. ' ·
(Signed} YADAVINDRA S1NGH.
42. THE REGISTRAR TO THE AGENT FOR THE GOVERNMENT OF INDIA 1
· 6 Junè 1972.
I have the honour to refer to Article 47, paragraph l, of the Rules of Court,
and to inform you that the Court has today fixed Montlay, 19 June 1972,
as the date for the commencement of the oral proceedings 2, in the Appeal
re/ating to the Jurisdiction of the /CAO Council. The opening sitting will be
held at 3 p.m. on that day.
43. THE SECRETARY-GENERAL OF ICAO TO 'tHEREGISTRAR
6 June 1972.
I have the honour to acknowledge the receipt of your Ietter No. 52696
dated 15 May 1972 on the subject of the Appeal relating to the Jurisdiction
of the /CAO Council (lndia v. Pakistan). I have taken note that one of the
Parties has stated that questions concerning the construction of the constitu
ent instrument of the International Civil Aviation Organization, namely, the
Convention on International Civil Aviation of 7 December 1944, and of an
international convention, namely, the International Air Services Transit
Agreement, are in issue in the case. Thank you for informing me that the
Vice-President of the Court, Acting President, bas fixed 6 June 1972 as the
time-Iimit within which the International Civil Aviation Organization may
submit to the Court, should it so intend, observations on these questions.
In considering the matter, I have noted that the case brought before the
International Court of Justice is an appeal against the decision of the Council
of the International CiviJ Aviation Organization, and also that copies of ail
the relevant proceedings in the Council have already been submitted to the
Court. Taking these considerations into account, I have the honour to inform
you tbat the International Civil Aviation Organization does not intend to
submit observations on the above-mentioned questions.
(Signed) Assad KOTAITE.
44. LE GREFFIER AU SECRÉTAIRE GÉNÉRAL DE L'OACI
12juin 1972.
Me référant à mes lettres des 17 mars, 17 avril 3 et 15 mai 1972, j'ai J'hon:.
neur de vous faire connaître que la Cour a fixéau lundi 19 juin 1972 à 15
heures la date d'ouverture des audiences publiques au cours ·desquelles les
conseils de l'Inde et du Pakistan présenteront l'argumentation de leurs
gouvernements en l'affaire de !'Appel concernant la compétence du Conseil
de l'OACJ. .
1 A communication in the same terms was sent tothe Deputy Agent forth~Govern-
ment of Pakistan. · ·
2Seep. 502,supra.
3 Non reproduite. CORRESPOND ENCE 785
Je ne manquerai pas de vous communiquer régulièrement par avion, en
original etn traduction, deux exemplaires des comptes rendus de chacune des
audiences publiques que tiendra la Cour pendant cette procédure orale.
J'ai également l'honneur de vous faire connaître que, se fondant sur l'ar
ticle 44, paragraphe 3, de son Règlement, la Cour, avec l'assentiment des
Parties, a autorisé que les pièces de la procédure écrite dans l'affaire dont
il s'agit soient rendues accessibles au public à partir de la date d'ouverture
de la procédure orale. En conséquence, conformément àla pratique habituelle
du Greffe, je ferai envoyer un jeu de ces pièces à des bibliothèques de La
Haye, ainsi qu'à plusieurs bibliothèques des Nations Unies. En outre je me
permettrai d'en envoyer à la bibliothèque du siège de l'OACI et à celles des
offices régionaux de cette organisation pour l'Europe et pour l'Extrême
Orient. Je leur enverrai également au fur et à mesure le compte rendu des
audiences publiques.
45. THE DEPUTY AGENT FOR THE GOVERNMENT OF PAKISTAN TO THE REGISTRAR
13 June 1972.
I have the honour to refer to our letter No. Amb. 5/9/71, dated the 2nd of
September, 1971, and to state that in succession to H.E. Mr. R. S. Chhatari,
the Government of Pakistan have decided to appoint H.E. Mr. J. G. Kharas,
Ambassador of Pakistan to the Netherlands as their Agent in the Appeal
relating to the Jurisdictlonf the l.C.A.0. Council (lndia v. Pakistan) before
the International Court of Justice.
(Signed) J. T. JoSHUA.
46. THE REGISTRAR TO THE AGENT FOR THE GOVERNMENT OF JNDIA 1
14 June 1972.
Article 60, paragraph 3, of the Rules of Court provides, with reference to
speeches and statements made during the oral proceedings, that:
"A transcript of speeches or declarations made by agents, counsel or
advocates shall be made available to them for correction or revîsion,
under the supervision of the Court."
This transcript is usually made available to each speaker on the same day
as the sitting on which he has spoken, with the exception of the transcript of
Monday's sitting, which will be made avallable at the end of Tuesday mor
ning.
In order to facilitate any supervision which the Court may feel it proper
to exercise, the Court has decided that any correction or revision which
Agents, counsel or advocates may wish to make to the transcript should be
handed in to the Registry by 6 p.m. on the working day foHowing the sitting
at which the speech or declaration has been made, with the exception of
corrections or revisions to the transcript of Monday's sitting, which should
be handed in by 6p.m. on Wednesday.
Ishould therefore be greatly obliged if you would be good enough to
arrange for any such corrections to reach the Registrar's office in conformity
1 A communication in the same terms was sentto theAgent for the Govemment
of Pakistan.786 JCAO COUNCIL
with the above decision. A copy of each transcript, incorporating aJIcorrec
tions, is kept in the Registrar's office for consultation by the representatives
of the Parties.
I should also explain, with reference to corrections to the verbatim record,
that it is the practice of the Registry, when preparing the record, to examine
for this purpose all quotations from earlier speeches in the case contained
in later speeches; when, as not infrequently happens, the later speaker
quotes the original version of a passage which has been corrected under
Article 60, paragraph 3, of the Rules, the Registry is accustomed, by previous
agreement with the speakers, to include the corrected version of the quotation
in the record, in place of the quotation as actually read out in court. I trust
that this practice will meet with the approval of those addressing the Court
on behalf of your Government, and I shall be obliged if you will confirm
that they will ail be agreeable to the practice being followed in the present
proceedings.
47. THE REGJSTRAR TO THE AGENT FOR THE GOVERNMENT OF INDIA 1
15 June 1972.
ln accordance with our usual practice and in order to facilitate the course
of the proceedings for the Court and for the Parties, I have the honour to
draw the attention of the Agents in the Appeal relating to the Jurisdiction
of the /CAO Council to the provisions of the Statute and Rules concerning
the deposit of documents which the Parties wish to produce in support of
their respective cases.
Under Article 43 of the Statute, it is provided that the procedure shall
consist oftwo parts: written and oral. It is specified that the written proceed
ings shall consist,on the one band, of the actual written pleadings-Memorial,
Counter-Mernorial and Replies-and on the other, of ail documents in
support; and that the oral proceedings shall consist of the hearîng by the
Court of witnesses, experts, agents and advocates.
The presentation of documents after the closure of the written part of the
proceedings is, however, not absolutely excluded. Article 48 of the Rules
provides for this possibility and lays down the procedure to be followed:
the document shalJ be füed in the Registry; the Registry will be responsible
for communicating it to the other party and will inforrn the Court; should
the other party declîne to consent to the production, the Court will decide.
But this procedure is entirely exceptional. lndeed, as is evident from the term
in which it is drafted, Article 48 is based on the principle laid down in the
Statute that documents belong to the written part of the proceedings in
a case.
Any Agent who considers it necessary to submit a further document after
the closure of the written proceedings is hereby requested, when filing the
original or certified copy, as required by Article48 of the Rules, to accompany
it with the same number of copies as that fixed for the pleadings under
Article 40 of the Rules of Court, i.e., in this case 125 copies. In this way,
the exceptional procedure laid down in Article 48 will operate rapidly and
in a manner that will exclude the possibility of an Agent or Counsel relying
at a public hearing upon a document which bas not previously been placed
before Members of the Court.
1 A communication in the same terms was sent to the Agent for the Government
ofPakistan. CORRESPONDENCE 787
48, THE AGENT FOR THE GOVERNMENT OF INDIA TO THE REGISTRAR
19 June 1972.
Sir,
In the Rejoinder submitted to the Honourable Court on 16 May 1972 in
connection with the Appeal Relating to Jurisdiction of the /CAO Council
(Jndia v. Pakistan), the Respondent bas made several wrong assertions of
facts. The Government of India bas considered itnecessary to place the true
facts in this regard before the Honourable Court, and has accordingly
instructed me to file the enclosed documents 1in accordance with the proce
dure set out in Article 48 of the Rules of Court. The Chief Counsel of India
intends to rely on these documents in the course of the oral proceedings in
the case before this Honourable Court.
These documents have been organised into Groups A to G, each Group
dealing with a specific aspect of the matter with reference to the relevant
paragraphs of the Rejoinder. The documents have been serially numbered in
each Group. This itumber has been superimposed on the document in ques
tion before the document was photostated/cyclostyled.
I hereby certify that these documents conform fully to the original docu
ments.
With a view to making these documents available to the Court and the
Respondent before the commencement of the oral proceedings, I enclose
herewith 20 copies each of the documents. In addition, 105 copies will be
supplied to the Registry very shortly.
(Signed) y ADAVlNDRA SrNGH.
49. THE AGENT FOR THE GOVERNMENT OF PAKISTAN TO THE REGISTRAR
20 June 1972.
I have the honour to refer to your letter dated the 19th of June, 1972,
forwarding therewith a copy of the letter from the Agent of the Government
of India together with a copy of the letter referred to therein.
The Govemment of Pakistan repudiates the allegations of the Government
of India that the assertions of facts made by the Government of Pakistan in
its Rejoinder are "false" merely because the Government of India places a
different interpretation on them.
Since the Government of India has submitted "Notes" controverting the
contentions of Pakistan in its Rejoinder, and has annexed certain documents
therewith, these notes are tantamount to fresh written pleadings, after written
proceedings in the case have been closed. They are, therefore, inadmissible
in principle 2.
Most of the documents primarily consist of letters and signais from
Pakistan International Airlines which is an independent statutory body. We
are, .however, trying to collect the necessary information from the Pakistan
International Airlines in Karachi with regard to. these docu.ments.
(Signed) J. H. KHARAS.
1See p. 719, supra.
2See p. 590, supra.788 ICAO COUNCIL
50. THE AGENT FOR THE GOVERNMENT OF PAKISTAN TO THE REGISTRAR
28 June 1972.
I have the honour to refer to your letters No. 52898 and No. 52942, dated
the 15th and 19th of June, 1972,respectively and our letter No. Amb. 1/55/72,
dated the 20th of June, 1972, and to say that the Government of Pakistan
consider it necessary to deposit the following documents 1, received here now,
in support of their case in the Appeal relating to the Jurisdiction of the !CA 0
Council 2:
(1) Letter No. E 1/8-65/192, dated the 17th September, 1965, from
the Secretary-General, International Civil Aviation Organization
(alongwith its attachment-copy of letter dated 9th September,
1965, from the Secretary to the Government of India to the
President of International Civil Aviation Organization).
(2) Letter No. E 1/8-71/243, dated the 9th of Decernber, 1971, from
the Secretary-General, International Civil Aviation Organization
to the D.G.C.A., Government of Pakistan (with attachment).
(3) (a) Letter dated 12th September, 1964, from the Manager, Air India
International, to D.G.C.A., Pakistan.
(b) Letter dated 27th April, 1965 from the Manager, Air India
International to D.G.C.A. Pakistan.
(c) Letter dated 4th September, 1965, from the Manager, Air India
International to D.G.C.A. Pakistan.
{d) Schedule of Passengers' Services to and overflying Pakistan
effective 1st April, 1965 submitted by Indian Airlines Corpora
tion.
(e) Letter No. 5/10/65-IR, dated 29th January, 1965,from D.G.C.A.,
India to D.G.C.A., Pakistan.
J am enclosing herewith one certified copy each of the aforementioned
documents alongwith 125 copies each of the same.
Herewith I am also forwarding a certified copy of the Award given by
Professer Pierre A. Lalive, Arbitrator between Dalrnia Cernent Limited,
New Delhi (India) and the National Bank of Pakistan, Karachi (Pakistan) in
December, 1967. 125 copies of the same Award are also enclosed.
(S,igned) J. G. KHARAS. ·
51. THE REGISTRAR Tù THE AGENT FOR THE GOVERNMENT OF lNDIA 3
Il August 1972.
I have the honour to confirm the information communicated today by
telephone, namely that in accordance with Article 58 of the Statute, the
International Court of Justice will hold a public sitting 4at the Peace Palace,
The Hague on Friday, 18 August 1972 at 10 a.m. for the reading of the
decision in the case of the Appeal relaring to the Jurisdiction of the ICAO
Counci/ (India v. Pakistan),
1See p. 743,supra.
*See p. 698,supra.
3 A communication in the same terms was sent to the Agent for the Government
of Pakistan.
4 See p. 716,supra. CORRESPOND ENCE 789
52. THE ACTING REGISTRAR TO THE AGENT FOR THE GOVERNMENT OF INDJA 1
30 August 1972.
I have the honour to transmit to you heiewith 6 printed copies of the
Ju.dgment 2 given by the International Court of Justice on 18August.1972 in
t(e,App••l• i 1ting to'the Jurisdicti•n of the !CAO Coutc•l (Indià v.•Pakistan). , • •
·'' 53. LE GREFFIER EN EXERCICE AU MINISTRE DES A,FFAIRES ÉTRANGÈRES
D'AFGHANISTAN 3
. ,.,.
· 30 aotlt 1972.
Le Greffier en exercice de la Cour internationale de Justice a l'honneur de
transmettre, sous ce pli, un exemplaire de l'arrêtrendu par la Cour le 18 aotlt
1972 dans l'affaire de l'Appel concernant la compétencedu Conseil de l'OAC/
(Inde c. Pakistan) ..,·_. . . .
D'autres exémplairesseront expédiésulféiieurenient pàr la voie'ordinaire.
,·
. ~ ·. • '·. 1
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1 A communication in the same tenris was St:llt.to the Agent of the Government
of Pakistan.' · ·•· ' . ~:-::; ·:\ ·;.'. " ~>:
2 J.C.J. Repoff~ 1972, p. 46.: ,.. , , . . ., .. ~. .
3 1.a·mêmecommunicatioil'a étéadresséeaux autres Etats Membres des Nations·
Uniesët:aux'Etâts non membres des·Nations Unie's,âomisà·ester devant là·Cour. .l~790
TABLE OF CONCORDANCE OF THE ORAL STATEMENTS
The following table indicates the relationship between the pagination of the
present volume and that of the provisional verbatim record (stencil-duplicated)
of the speeches made in Court, issued to Members of the Court during the
hearings, carrying the reference C.R. 72/ . A number of references to the
C.R. appear in the separate and dissenting opinions of Members of the Court
annexed to the Advisory Opinion of 18 August 1972 (I.C.J. Reports 1972,
pp. 76-179); the passages so referredtocan be identifiedby means of this
table.
TABLE DE CONCORDANCE DES EXPOSÉS ORAUX
On trouvera ci-après une table de concordance entre la pagination des
exposésoraux dans la présenteéditionimpriméeet leur pagination dans le
texte polycopié provisoire distribuéaux membres de la Cour pendant la
procédureorale sous la cote C.R. 72/ . Plusieurses opinions individuelles
ou dissidentesjointeà l'avis consultatif du 18 aoüt 1972 (C.I.J. Recueil 1972,
p. 76-179) ayant citéles exposésoraux selon la pagination du texte polycopié
provisoire, la table ci-aprèspermettra de retrouver aisémentdans la présente
éditionimpriméeles passages ainsi cités.
Present Present Present Present
C.R. Volume C.R. Volume C.R. Volume C.R. Volume
Page Page Page Page Page Page Page Page
C.R. 72/1 48-51 523 41-43 543 32-34 563
8-9 502 51-52 524 43-45 544 34-36 564
10 503 52-54 525 45-47 545 36-37 565
11-12 504 54-55 526 47-49 546
12-14 505 49-51 547 C.R. 72/4
14-16 506 C.R. 72/2 51-53 548 8-10 566
16-19 507 8-10 527 53-55 549 10-13 567
19-21 508 10-11 528 55-57 550 13-15 568
21-23 509 11-13 529 15-17 569
23-25 510 13-14 530 C.R. 72/3 17-19 570
25-28 511 14-16 531 8-9 551 19-21 571
28-30 512 16-18 532 9-12 552 21-22 572
30-32 513 18-19 533 12-13 553 22-25 573
32-35 514 19-21 534 13-15 554 25-28 574
35-37 515 21-24 535 15-18 555 28-30 575
37-38 516 24-26 536 18-20 556 30-32 576
38-40 517 26-28 537 20-21 557 32-34 577
40-42 518 28-31 538 22-24 558 35-36 578
42-43 519 31-33 539 24-25 ·559 36-38 579
43-45 520 33-36 540 25-27 560 38-40 580
45-46 521 36-39 541 27-30 561 40-43 581
46-48 522 39-41 542 30-32 562 43-44 582 TABLE OF CONCORDANCE 791
Present Present Present
Present Volume C.R. Volume C.R. Volume
C.R. Volume C.R. Page Page
Page Page Page Page Page Page
44-47 583 C.R. 72/6 14-16 648 32-34 682
47-48 584 8-9 616 16-18 649 34-36 683
48-50 585 9-11 617 18-20 650 36-38 684
50-51 586 12-13 618 20-23 651 38-41 685
51 587 13-15 619 23-25 652 41-43 686
15-17 620 25-27 653 43-45 687
C.R. 72/5 17-18 621 27-29 654 45-47 688
8-9 588 19 622 29-31 655 47-49 689
9-12 589 19-22 623 31-32 656 49-52 690
12-14 590 22-23 624 32-33 657 52-53 691
14-15 591 23-25 625 34-35 658 53-55 692
25-27 626 35-37 659 55-58 693
15-18 592 37-39 660 59-60 694
18-20 593 27-28 627 695
20-22 594 28-30 628 39-41 661 60-62
22-24 595 30-32 629 41-43 662 62-65 696
24-26 596 32-34 630 43-45 663 65-67 697
26-28 597 34-36 631 45-46 664 67-69 698
28-30 598 36-38 632 46-48 665 69-72 699
30-32 599 38-40 633 48-50 666 72-73 700
32 600 40-42 634 50-52 667
33-34 601 42-44 635 52-54 668 C.R. 72/9
34-36 602 44-45 636 54 669 8-9 701
36-38 603 45-47 637 9-11 702
38-39 604 47-49 638 C.R. 72/8 11-13 703
39-40 605 49-51 639 8-9 670 13-14 704
40-42 606 51-53 640 9-11 671 14-16 705
42-44 607 53.55 641 11-13 672 16-18 706
55-57 642 13-15 673 18-21 707
44-46 608 15-16 674 21-23 708
46-48 609 57-58 643 709
48-50 610 16-18 675 23-25
50-52 611 C.R. 72/7 18-19 676 25-27 710
52-54 612 8-9 644 19-22' 677 27-28 711
54-57 613 9-11 645 22-25 678 28-30 712
57-58 614 11-12 646 25-27 679 30-32 713
59 615 12-14 647 27-29 680 32-33 714
29-32 681 33 715
Correspondance