The Portuguese Republic files an Application instituting proceedings against the Republic of India

I.C.J. ..,...

The follorhng information from the Rcgistry of the International

Court of Justicehas been corri,nunicated to the Press:

On Decmber 22nd, 1955, the Portuguese Minister Go the Netherlands
handed in to the Registrar of the International Goürt of Justice an
Application instituthg proceedings before the Court bg the Portuguese
RcpuSlic against the Republicof India,

The Application, which founds the j~~sdiction of the Court on the

acceptance by both States of tlae compulsorgjurisdiction of the Court
under Article 36 (2) of the Statute of the Court, sets out the clabs of
Portugal to certain rights of passagc over Lndian tkrritory, between the
Portuguese territory of DaSo (~ittoral Daflo) and the Portuguese ,
enclaved territories of adr riand Nagar-fiveli, and between these two
territories. It is clahed that the rights in question are based inter
aliaon the treaty collcluded in 1779 between Portugal and the sovereign
of hem, who had doininion at that tirne over the territories of ~adr& and
Nagar-Aveli, and that the rights had beer enjoyedsince that dzte dthout

inte$ruptian until July 1954 whcn India bigan to przvent Portugal from
exercising the right of p.ssage, a course in which India had persisted
since that dzte, as-a result of $:hich Portugal had been unable to corne
to the aid of the enclaves and their inhzbit?.nts tfhen attacked and
occupied by arriied bands cor~ing from Indianterriton. The Application
further cont ends that diplomtic d6mrchcs by the Portugues e overnment
have proved fruitless, and it askes the Court:

a) To r~cognize and dcclare that Portugal is the holder or

beneficiary of a right of passage betwsenits tsrritory of Da&
(littoral ~aS8) arid its enclzved territories of Uadrd and Nagar-Aveli,
and between oach of the latter, and that this right comprises the
faculty of transit for persons and goods, including armed forces or
other upholders of law and orclsr, without restriction s rdif ficulties
ad in the r~ianner and to the extmt required by the effeetivs exercise
of PorCtupese sovereigntyin the saidte'rritories;

3) To recognizeand decl2rs th& ,India has preventod and continues
to prevent the ~xercise of the right in question, thus çoimitting an

offense to the detriment of Postu,gueso sovsreignty aver the kclaves of
~adra and Magar-Aveli and violating its internation21 obligations derivlng
from the above-mentioned sources and from any others, particularly Sreaties,
whiçhmy be applicable;

ç] To adjudge that India should put an innediate end to this de facto
situation by allo15ng Portugal to cxercise the above-mentioned right of
passagein th4 coiiditions herein set out.

Upon rcceipt of the Application, the Registrar forthhith notified
the Government of India of the instituticn of Shese proceedings, in

accordance wîth Article 40, pragraph 2, of the Statute of th^ Court.

The Hague, 23rd Deceniber, 1955.