CORRESPONDENCE 1. THE AGENT FOR THE GOVERNMENT OF INDIA TO THE REGISTRAR
30 August 1971.
[Seep. 3, supra.]
2. THE DEPUTY REGISTRAR TO THE MINISTER FOR EXTERNALAFPAIRS OF PAKISTAN
(telegram)
30 August 1971.
Have honour inform you that on 30 August Application 1 was filed in
Registry of Court on hehalf of India appealing from decision rendered on
29 luly 1971 hy Council of International Civil Aviation Organization on
Prelimioary Objections raised hy India concerning 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
ICAO Council is illegal, nuIl and void, or enonenus, on following grounds
or any others:
(al Council has no iurisdiction to handle the matters ~resented bvResoon-
dcnt'in its Application~and Coniplsint, as Convention and Transit Agreement
have bccn terminated or suspended as bet\vccn the two States. (h, Council
has no iurisdiction to consider Resnondent's comolaint since no action has
heen taken hy Applicant under ~ransit ~greemeni; in fact no action could
possibly he taken by Applicant under Transit Agreement since that Agree-
ment has heen terminated or susnended as between the Iwo States. (cl
Question of Indiün aircraft overfly;ng Pnkistan and Pakisian aircrÿft over-
flying lndia is governed by Special Régimeof 1966and not by Convention'
or Transit Agreement. Any dispute hetween the two States can arise nnly
under Special Régime, and Council has no jurisdiction to handle any such
dispute.
Havehonour draw your attention Article 35of 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, inform Court of name of its Agent, and Paragraph .5 of
which provides that appointment of Agent must he accompanied by statement
of address for service at seat of Court.
Full text of Application airmailed today with copy to Pakistan Emhassy,
The Hague.
3. THE DEPWY REGISTRAR TO THE MINISTER FOR EXTERNAL AFFAIRS OF PAKISTAN
30 August 1971.
1 have the honour to enclose herewith a conürmatory copy of a telegram
which 1 have today addressed to Your Excellency, together with certified
copies of the Application of the Government of India referred to therein
and of the letter of transmittal of His Excellency the.Arnbassador of India
Seep. 4,supra.770 ICA0 COUNCIL
at The Hague, who has heen appointed Agent of the Government of lndia
in thiscase.
1 shall in due course transmit to Your Excellency printed copies of the
Application in the English and French edition which will be prepared hy the
Registry.
The question of the fixing of time-limils for the filing of the pleadings in
the case will form the subject of a later communication. In this connection,
1 would venture to draw attention to Article 37, paragraph 1. of the Rules
of Court.
4. THE DEPUTY REGlSTRA RO THE AGENT FOR THE GOVERNMENT OF INDIA
30 August 1971.
1 have the honour to acknowledae the recei~t of the letter of 30 Aunust
1971 bywhich you \uhrnitted to the-internatio n alrt of Justice. as Agent
of the Ciovernmcnt of India, an Application on behalf of the Go\ernrncnt of
India a~oealinn from the dccision rendered on 29 Julv 1971 bv the Council
of the intcrnïtionsl Civil i\vintion Organization.
The App~~cation has roday been cornmunicated Io 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, 1would venture to draw attention to Article 37, paragraph 1, of the
Rules of Court.
5. THE ADDITIONAL FOREIGN SECRETARY OF PAKISTAN 'IO THE REClSTRAR
1 September 1971.
1 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 fiIedby India against the decisioil rendered on 29th July,
1971, hy the Council of International Civil Aviation Organization on pre-
liminary objections raised by lndia concerning application and complaint of
Pakistan dated 3rd March, 1971.
2. The address of the Agent and the Deputy Agent is as follows:
Emhassy of Pakistan;
7, Van Stolkweg,
The Hague.
(Signedl Mumtaz A. ALVIE.
6. THE REGISTRAR TO THE AGENT FOR THE GOVERNMENT OF INDIA 1
9 September 1971.
1have thehonour to transmit to you herewith for your information three
'A wrnmunicationin the sameterms wassent to the Agentfor the Government
of Pakistan. CORRESPONDENCE 771
copies of the bilingual edition printed by the Registry of the Application of
the Government of India in the Appeal relating to the Jurisdiction of the
Coiorcilof rhe Ifrternarional Cid Aviation Organizatio~t.
7. THE REGlSTRAR TO THE SECRETARY-GENERAL OF THE UNITED NATIONS
9 Septemher 1971
1have the honour to refer ta my cable of 30 August 1971, a copy of which
is enclosed herewith 1,and to inform you that 1am 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 Jr~risdictionof the
Corrncilof the I~rternationalCivil Aviation Orgoniration.
I should be grateful if, in accordance with Article 40, paragraph 3, of the
Statute of the Court, you would be good enough ta inform the Memhers of
the United Nations of the filing of this Application.
8. LE GREFFIER AU MINISTRE !)ES AFFAIRES ÉTRANOÈRES D'AFGHANISTAN
9 septembre 1971.
Le 30 août 1971 a été déoosée au 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
relativeà un A..el concernonrla cornodrence du Conseilde I'Or~"nisation de
l'aviation civile internationale.
J'ai l'honneur, àtoutes fins utiles, de transmettreci-joàVotre Excellence
un exemplaire de cette requéte.
9. LE GREFFIER AU CHEF DU GOUVERNEMENT DU LIECHTENSTEIN
9 septembre 1971.
Le 30 aoiit 1971 a étédéooséeau Greffe de la Cour internationale de
Justice, au nom du Gouve;nement indien, une requête par laquelle ce
gouvernement introduit contre le Gouvernement pakistanais une instance
relativeà un Ao..l concernantla comoétence du Conseildel'Or~a-isationde
I'aviotion civil^inrernolio,iale.
Mc rel2r~nt i l'article 40. paragraphe 3, du Statut de la Cour. j'ai l'honneur
de transmettre ci-joint iiVotre Exccllcnce un exernplairc dc cette requite.
Not reproduced. aux autres
Unies. mémecommunicationa ét6adressée Etats Membres desNations
3 Lamême communicationaéteadresséeauxautresEtatsnon membres desNations
Unies admis à ester devantla Cour. ,10. THE DEPUTY REGISTRAR TO THE AGENT FOR THE GOVERNMENT OF INDIA 1
16September 1971.
1 bave the honour to inform you that, in the Appeal relating IO the Juris-
diction of the ICA0 Council (India v. Pakistanl, the Vice-President of the
International Court of Justice, Acting President in this case, has, 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 India, and reserved the subsequent
orocedure for further decision. The official coov of the Order for vour
bovernment will be despatched to you in due c&;se.
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 Rules f&
thePreparation of Qped andprinted TextsS referred to therein.
Note for the Parties concerningPrinting of Pleadings
1. Article 40. oaraara.h 1. of the Rules of Court orovides that the original
of every pleadi& shai~ be signed by the Agent and filed in the ~egistr~,
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
is to 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 Rrilesfor thePreparation of Typed and Printed Texts, together
with examples of past pleadings. The Court has instructed the Registrar to
stress most particularly that pleadings sent to him should be in the format
19 X 26 cm. (7f"X IO&").
3. In paragrapb 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 Reeistrv renroduces the oleadines -
in the Court's Pleodings, Oral ~rgukents, Docirmentsseries of putkcations.
If the arrangement described in paragraph 3 of this note is followed, the
Reaistrv is n;eoared to bear half the cost of simole tvoesettine. of the oleadine
in Gueskon at' the normal rate current betweén 16; courtand the printer
selected. By cost of simple typesetting is to be understood the cost of type-
setting proper, but excluding al1supplementary charges such as for author's
corrections, overtime, footnotes or marginal notes, setting in tables or
columns, inset plates or engravings, etc.
' A communicationin the sameterms wassent to the Agent for the Govemment
of Pakistan.
I.C.J.Reports1971, p.347.
a Not reproduced. CORRESPONDENCE 773
5. In respect of an annex which is not published in thed'leadings, 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
Ënglish O; ~rench{shilarly, if the same &xt is reproduced 'ore tban once
as an aonex by the parties in the course of thesameproceedings, theRegistry
bears its part of the cost once only. ,
6. If a party considers that it is in its interest ta avail itself of the possihility
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 he printed, the manuscript is
to he delivered ta the printer. The staff of the Registry are not cnncerned in
these arrangements and do not undertake the proof reading or see to the
~ ~~ ~ion 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 hoth been checked: the Party concerned
is kept informed. ~he type is kept at the printers at the ~ouÏt's expense and
is deemed to belong to the Court.
11. THE LEGAL COUNSEL 01' THE UNITED NATIONS TO THE REGISTRAR
22 September 1971.
1 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 ICA0 Council on preliminary objections raised by
India concerning the application and complaint of Pakistan dated 3 March
1971 filed under ICAO's Council rules for settlement of differences. and to
your letter of 9 September 1971 informing him of the transmission of 150
copies of the Ap~~ication 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 Memhers
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) Constan(in A. STAVROPOULOS.
12. THE AGENT FOR THEGO\'ERNMENT OF PAKISTANTO THE REGISTRAR
29 Septemher 1971.
1 have the honour to informthat the Government of Pakistan has appointed
Mr. S. Sharifuddin Pirznda, S.llk.. Attorney Gcner~l of Pÿkisran and former
Foreign Minisier of Pakisran as the Chief Counsel for Pakistan in the irppcal
filed bv India tu International Court of Justice a.ainst l.c.A.0.'~ decision.
(Signed) R. S: CHHATARI.13. THE SECRETARY TO THE MlNlSTRY OF EXTERNAL AFFAIRS OF INOlA TO THE
REGISTRAR
22 November 1971.
1 have the honour to invite yo'ur attention ta 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 ICAO
Council (India v. Pakistan) instituted by the Appliction filed hy 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
of ShriJ. N. Dhamija. 1enclose a certificate issued hy the Minister of External
Atïairs to this effect.
(Signed) S. K. BANERII.
22nd November, 1971.
1, Swaran Singh, Minister of External Affairs, ~overnment of Lndia, do
certify that Lt. GeneralHisHighness Yadavindra Singh, Maharaja of Patiala,
Amhassador of India at The Hague has been duly appointed as the Agent
for the Government of India in Appeal relating ta the Jurisdiction of the
ICAO Council (India v. Pakistanl.
(Signedl Swaran SINOH.
14. THE REGISTRAR TO THE AOENT FOR THE OOVERNMENT OF INDIA
9 ~ecember 1971.
1 have the honour to send you herewith for your information the text of
the Order of3 December 1971 3 by which the Vice-President, Acting President
in this case,extended to 22 December 1971 the time-limit for the filing of the
Memorial of India in the Appeal relating to the J~irisdictionof the ICAO
Council (India v. Pakistan). The official copy for your Government, duly
signed and sealed, will be transmitted to youio.due course.
1% THE AGENT FOR THE GOVERNMENT OF INDIA TO THE REGLSTRAR
12December 1971.
1have 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 theInternational Civil Aviation
Organisation (India v. Pakistanl instituted by the Application filed hy the
Government of India on 30thAugust 1971.Names of other Counsel attending
the hearing of the case will be communicated later.
1 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 India at The Hague.
(Signed) YADAVINDRS AINOH.
'Not reproduced.
A communication in the same ternis was sent to the Agent for the Government
of Pakistan.
3I.C.J.Reports 1971,p.350. CORRESPONDENCE 775
16. THE AGENT FOR THE GOVERNMENT OF INDIA 10 THE REGISTRAR
12 December 1971
1have the honour to refer to the oroceedinas between India and Pakistan
in Appeal relating to the ~urisdictionof the ~&ncil of the International Civil
Aviation Organisationinstituted by the Application filed by the Government
of.lndia on-30th Auaust 1971
1am instrucied b; the Government of India 10 norify you, in accordance
with Ariicle 3 of the Rules of Court, ihüt the Governnient of India considen
that it oossesses the rieht to choose a Judee under Article 31 of the Statute
of the court and intends to exercise thatright. The person chosen by the
Government of India to sit as Judge is Dr. Nagendra Singh, Secretary to the
President of India. Dr. Naeendra Sineh is a member of the Permanent Court
of Arbitration. He was nominated ascandidate for election as Judge of the
International Court of Justice in 1969. He has also been nominated hy the
National Grouo of the Permanent Court of Arbitration for election as a ~udee
of the 1nternat;onal Court of Justice tbe held in 1972.A Biographical ~oïe
about him will follow.
1 should be grateful if you would please bring the contents of this letter
to the attention of the members of the Court and of the Agent of the res-
pondent Party.
(Signed) YADAVINDRS AINGH.
17. THE REGISTRAR TO THE AGENT FOR THE GOVERNMENT OF PAKtSTAN
14December 1971.
1 have the honour to inform you that by a letter dated 12December the
Agent of India has 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 to sit in the Appeal relating to the Jurisdiction of the ICAO
Corrncil(India v. Pakisran), and intends to exercise that right; the Agent of
India further States that his Government has chosen Dr. Nagendra Singh,
Secretary to the President of Iiidia, to 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.
22 December 1971.
1have the honour to submit herewith to the International Court of Justice
a Memorial 1 on behalf of the Government of India in the Appeal relating to
the Jurisdiction of the ICAO Council (India v. Pakistan) instituted by the
Application filed by the Government of India on 30th August 1971. 1 would
be grateful if you could kindly inform me in case there are any technicalor776 ICAO COUNCIL
formal defects.in,the. Memorial which you would desire to .be rectified.
125 copies of the Memorial are being sent to you separately.
, . (Signedl YADAVINDRS AINGH.
. ., . .
19. THE AGEN T OR THE GOVERNMENT OF PAKISTAN TO THEREGISTRAR
, ::. I< ..
22 ~ecember 1971.
1 acknowledge with thanks receipt of your letter No. 52113, dated the
22nd of Decembei, 1971, and the five copies of the Memorial which were
enclosed with it. 1 shall fhward the Mernorial ta my Government just as
soon as communications permit. You know that, at present, international
flights are not overiiying Pakistan and 1 do not, therefore, know by which
datethe publicationwjll be 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 ta the appointment of
Dr. Nagendra Singh, as an ad hocjudge ta the Court in the Appeal relating
Io the Jurisdiction of the ICAO Council.
(Signed) R. S. CHHATARI.
. .
21. THE AGENT FOR TH EOVERNMENT OP PAKISTAK TO THE REGISTRAR
5 January 1972.
In continuation'of rny letter No. Amb. 1/55/71, dated the'22nd of Decern-
ber, 1971,acknowledgiog receipt of your letter along with five prioted copies
of India's Memorial, l'have the honour to state tbat the documents will be
flown to the Government of Pakistan on Friday, the7th of January, 1972.
. .
. ~. (Signed) R. S. CHHATARI.
...
- . 22. THE AGENT FOR THE GOVERNMENT OF PAKISTAN TO THE REGISTRAR
. . ,
. , . ... . 17 January 1972.
On behalf of my Governrnent, 1have the honour ta request that time-limit
for submission of Pakistan's counter-mernorial in the AppeaI relating fo the
Jurisdicrion of the ICAO, Council (India v. Pakistan) may be fixed at 29th
February, 1972.
(Signedi R. S. CHHATARI.
:< . .<
23. THE REGISTRAR TO THE AGENT FOR THE GOVERNMENT OF INDIA 1
.. . 1 .,,.: a . ' 19 January 1972.
1 have the honour,to.inform Your Excellency that by an order of tnilay's
date 2, the Vice-President of the Court, Acting President in the Appeal
: ,"l
' A communicationin thésame tennî was sent to the Agent for the'Governrnent
of Pakistan.
a I.C.J. Reports 1972 ,. 3. ..~ CORRESPONDENCE 777
relating to the Jurisdiction of the ICAO Council (India v. Pakistanl, 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 Cnunter-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 C~VERNMENT OF INDIA THE REGISTRAR
II February 1972.
1 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 rheICAO Council (India v. Pakistan]
regarding the filing of the further pleadings in this case. The Order fixed,
inter olia, 30 March 1972 as the time-limit for the submission of the Reply
of the Government of India to the Counter-Memorial of the Government of
Pakistan to he filed on 29 February 1972.
As you are aware, 1, as the Agent of the Government of India, have not
been consulted bv the Actine President. as envisaned in Article 37 of the
Rulcs ofCourr, béfurehe paiwd the ~fur;iivniioned-0rùer. Tlic Gorcrnriicnt
of lndis ion,iders that the one-monrh pcriod givcn by the Court for filing iis
Reolv to Pakistan's Counter-hlemorial mav not he reasonable. We are~not
aw& of the size and contents of ~akistan'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. All this,
would certainly take much longer than one month.
1might also mention that the Court has in its nast oractice. in most cases.
granlei two tù eighi nionths period for iiling ~eplies;O g ou nier-~emorials:
In Tact,it appéars that in only one zasc (Co1onibi.i-PcruAsjl,,,,Case in 19501
wïs a one-mùnth oeriod lixrd bv the Cour1 for Colonihia io lile its Rcnl. -o
Peru's counter- n no rial.
You may, therefore, kindly inform the Court that, after seeing the size and
contents of Pakistan's Counter-Memorial. and if considered necessarv. the
Covernment of LnJia may mu$,cthe Court fur an oppropriate extenïionof the
lime-limit for filing its ReplyIO Pakision's Cuunrer-Meniorial.
29 February 1972. .
In pursuance of the Order made on the 19th of January, 1972, by the
Vice-President, discharging the duties of the President under Article 13 of
the Rules of Court, 1 have the honour to enclose herewith one signed copy
of Pakistan's Counter-Memorial 1 in the Appeal relating to the Jurlsdiction of
the ICAO Council (India v. Pakistani.
125printed copies of the Counter-Memorial are also'enclosed herewith:
(~ihedl: R. S. .CHHATARI.
' Seep. 369, supra.'
26. THE REGISTRAR TO THE AGENT FOR THE GOVERNMENT OF INDIA
1 March 1972.
1 have the honour to refer to your letter of 11 Fehruary, and to your
observations on the Order made on 19 January 1972 hy the Vice-President,
Acting President in theAppealrelafing fo the Jurisdicfion of the ICA0 Council,
wherehy the timelimits were fixed for the filing of the Counter-Memorial,
Reply and Rejoinder in that case.
Having communicated the contents of your letter to the Vice-President,
1 now have the honour to inform you that the Order in question was drawn
up in the light of the information on procedural matters supplied earlier to
the Vice-President by the Parties, as is in fact shown by thefact that provision
was made for lndia to reply to the Counter-Memorial of Pakistan, as your
Government had exoressed a desire to do. The Vice-President considered
thüt he kas in possession of suMctent informailon to fir the tinie-liniiis for the
furthcr plcïding\ \\.ithout ihçre heing any necd Io sonsult the I13rtiesalrcsh.
As to the leneth of the time-limits so fixed. analogies with orevious cases
before the court could be of only limited guidance. The vice-~resident took
into consideration the fact that the present case ha$ came before the Court
bv wav of aooeal. that it has alreadv heen eone into at leneth before the
ICA O. COU ^nd^that fresh points-were uilikely ta he raisid with regard
to the Council's jurisdiction. Furthermore, it was essential to take into
account the need ta ensure prompt administration of justice, by fixing for
the second exchange of pleadings time-limits reasonahly in proportion with
those fixed for the first exchange.
The Vice-President therefoy took the view that one month should be
sufficient for each of the last two pleadings. Should the Couoter-Memorial
be such, hy reason of its length or by its raising fresh issues, as ta require
oarticularlv lenethv and careful studv. it would of course be oDen to the
~overnmeit of-1ndia to apply for extinsion of the tiiiie-limit, in accordance
with Article 37, paragraph 4, of the Rules of Court.
27. THE AGENT FOR THEGOVERNMEM OF INDIA TO THE REGISTRAR
9 March 1972.
1have the honour to refer to the Order of 19 January 1972 passed by the
Vice-President of the International Court of Justice. Acting President under
Article 13 of the Rule~ ~~ ~ourt. in the Anoeal rela.fin~fo fhe Jurisdicfion of
the ICAO Council (India v. ~akistan) whé;ehy he fixe:, inter ;lia, 30 ~arch
1972,as the time-limit for the suhmission of the Re~iy of the Government of
lndia to the Counter-Memor~al~-~~ of the ~overnmeni of Pakistan.
~fter taking into account the contents of Pakistan's Counter-Memorial.
the Government of India has decided to request the Court, under Article 37,
~araeraoh 4. of the Rules of Court. for an extension of the time-limit for
iilingit:~eil~ until 30 April 1972, for the reasons set out below.
Pakistan's Counter-Memorial was received in Delhi only on 6 March 1972.
Itis a lenethv document and raises several fresh issues of fact and law which
need to be cuefully examined by al1 authorities concerned. The draft reply
prepared thereafter will have to be settled hy 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 ta four weeks for printing
the Reply. CORRESPONDENCE 779
The Government of India, therefore, requests the Court to revise its
earlier Order and extend the time-limit for the filingof Reply as stated above.
(Signed) YADAVINORSA INGH.
28. THE DEPUTY AGENT FOR THE GOVERNMENT OF PAKISTAN TO THE REGISTRAR
17 March 1972.
1 have the honour to refer to your letter No. 52394, dated 5 March 1972
regarding the Government of India's request for extension of time-limit.
The Government of Pakistan is strongly opposed to the grant of any
extension to the Government of India for the submission of her Reply. The
mounds on which this extension is reauested are totallv invalid and dilatorv.
. .
Lean1 solely io delay proceedings in ihis case. In her counier-~ernorial the
Governilient of Pakistan hss riiised no new points but only replied to the
arguments put forward in the Government oflndia's Memorial.
Further the Government of Pakistan do not feel that the printing of
India's Reply should take as long as has heen stated hy the Governnient of
India. nor should this he a valid eround for extension of the time-liinit.
~akistan is suffering considerable inconvenience and hardship as a result
of India's action, which is the suhject of Pakistan's cornplaint ta the ICAO,
and is anxious that the hearing of the appeal should he proceeded with as
early as possible. It trusts that oral hearings may he 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 19January 1972.
(Signedl S. T. JOSHUA.
29. THE REGISTRAR TO THE SECRETARY-GENERAL OF [CAO
17 March 1972.
1have the honour to inform you that in the Appeal relafing fo theJurisdic-
rion of rhe ICAO Council (India v. Pakis~an), referred to the International
Court of Justice under Article 67 of the Rules of Court by way of appeal
aeainst the decision rendered on 29 Julv 1971 hv the Council of the Inter-
national Civil Aviation Organization, One of thé parties has advanced the
contention that questions concerning the application and the interpretation
of the~Co~vention on International Ci~i~ Aviation. ,ie-ed at Chicago -n
7 Decemher 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
Dublic international orzanization or of an international convention
jdiipied thereundcr isin;iiestion in a case bcfore the Court, the Kegistriir
shiill so notify the puhlic iniernaiional orgrnilarion concerned and shrll
communicate to it copies of al1the written proceedings."
In these circumstances. the Vice-President of the Court. Actinn President.
in this case in accordanckwith Article 13of the Rules of court, hG instructed
me to communicate to the International Civil Aviation Organization copies
of al1the written oroceedines. This instruction was eiven Dursuant to Article
57, paragraph 5,8f the RUI~S, which is in the folloiing térms:
"5. In the circumstances contemplated by Article 34, paragraph 3,
of the Statute, the Registrar, on the instructions of the Court, or of780 ICA0 COUNCIL
the President if the Court is not sitting, shall proceed as prescrihed in
that paragra~h. The Court, or the President if the Court is not sitting.
shall; asfrai thedate on which the Registrar has communicated copiés
of the written proceedings, fix a time-limit within which the public
international organization concemed 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."
1accordingly have the honour to encloseherewith copies of the Application
instituting proceedings, the Mernorial suhrnitted 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 March 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 thcse pleadings 1shall
not fail to transmit copies to you.
20 March 1972.
1 have the honour to refer to your letter of 9 March 1972, reference No.
HAG/103/3/71-Vol. II, whereby the Government of India requcsted an
extension of the time-limit fixed hy the Order of 19 January 1972forthe filing
of the Reply of India in the Appeal relafing Io the Jurisdicrionof the ICAO
Council (India v.Pakisfan).
1 now have the honour to inform you that hy an Order of today's date 2,
the Vice-Presidcnt of the Court, Acting President in the case, has extended
that time-limit to 17April 1972,and has consequently extended the time-limit
for the filing of the Rejoinder of Pakistan to 16 May 1972.
The official copy of the Order willbe sent to you as soon as possible.
27 March 1972.
1 have the honour to acknowledge receipt of your letter No. 52444, dated
the 20th of March. 1972. convevina the Order of the Vice-President. Acting
President in the taie,extending ihetime-limit for India's Reply to 17th ~pri<
1972, and the lime-limit for the filing of the Rejoinder of Pakistan to 16th
hile noting these dccisions, the Government of Pakiitan uirhes to stare
thal pending rcceipt and study of India's Reply, the Government of Pnkisran
wishes to reserve fisriaht to submit a Reioinder. Subiect to this reservation.
the Government of ~ikistan would deai with the ;oints raised in lndia';
Reply in the course of ils oral submissions.
The Government 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 no1later than 10th May, 1972.This intimation would ensure that
' A similarwmmunication was sent to theAgentfor theGovernmentof Pakistan.
I.C.J.Reporfs1972,p. 6. CORRESPONDENCE 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 015sAFFAIRES ÉTRANGÈRES D'AFGHANISTAN 1
28 mars 1972.
J'ai l'honneur de vous faire connaître .que, dans l'affaire de 1;~ppel con-
cernant la compétencedu Conseil de I'OACI (Inde c. Pakistan) qui a été
oortée devant la Cour internationale de Justice nar une reauête du 30 aofit
i971 dont copievous a été adressée par le secrétaLe généraldel'organisation
des Nations Unies aux termes de l'article 40, paragraphe 3, du Statut de la
Cour. l'und ees Parties afait valoir aue des auestio~i~ ~~ ~ ~ant I'aoolication
et l'interpkétation de la ~onveiitioi relative à l'aviation civile inteinationale
et de l'Accord relatif au transit des services aériens internationaux, tous deux
signés à Chicago le 7 décembre 1944, sont en jeu.
Dans ces conditions, je vous prie de considirer la présente lettre comme..
constituant l'avertissement prévu à l'articl63 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 l'Appel con-
cernant la compétencedu Conseil de I'OACI (Inde c. Pakisfan) qui a été
portée devant la Cour internationale de Justice par une requête du 30 aofit
1971dont copie vous a étéadresséepar le Secrétairegénéralde l'Organisation
des Nations hies aux termes de l'article 40..Daraeranhe 3. du Statut de la
Cour, l'une desParties a fait valoir que des questionsconcernant l'application
et l'interprétation de la Convention relative à l'aviation civile internationale,
signéea 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 T0 THE REGISTRAR
17 April 1972.
1 have the honour to suhmit herewith to the International Court of Justice
the Replv 3 on behalf of the Government of India to the Counter-Memorial
submik& by the Government of Pakistan in the Appeal relating fo the
Jurisdictiouof the I.C.A.O. Council (Zndiav. Pakistan). 1 would be grateful
ifyou could inform me in case there are any technical and formal defects in
the reply which yon would desire to be rectified.
(Signed) YADAVINORS AINGH.
Une communicationanaloguea été adreske auxautres Etats partieA la Conven-
tion etA l'Accordde transitde 1944.
2 Une communicationanaloguea été adr&séeauxautresEtats parties A la Conven-
tion de 1944. 782 ICA0 COUNCIL
35. THE OEPUTY AGENT FOR THE GOVERNMENT OPPAKISTAN TO THE REGISTRAR
21 April 1972.
1have the honour to invite your attention to our letter No. Amh. 1/55/72,
dated the 27th of March, 1972, regarding further pleadings in the Appeal
relating fo rheJurisdiction of the ICAO Council (India v. Pakistan).
The Government of Pakistan have decided that they would submit a
written Rejoinder on the 16th of May, 1972, the date fixed hy the Vice-
President, Acting President in this case, vide his Order dated the 20th of
March, 1972.
(Signed) S. T. JOSHUA.
36. THE DEPUTY AGEWI FOR THE GOVERNMENT OF PAKISTAN TO THE REGISTRAR
15 May 1972.
In pursuance of order made on the 20th Mürch 1972by the Vice-l'resident.
discharrinc the functions of thc President or the Court. undcr Article 13 uf
the KU~S Of the Court, 1have the honour to submit hereivith onc signcd copy
of Pakistan's Rcjoindcr 1in the .lppeaIrelarinbIOde J~~risdicrio ,/rlttICA0
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.
1 have the honour to refer to my letter of 17 March 1972 and to inform
you that 1have today despatched to you a copy of the Rejoinder filed by the
Agent fur Pakistan in the Appeal relating Io the Jurisdiction of the ICAO
Council (India v. Pakistan).
This is the final pleading in this case and has been communicated to you,
as were the orevious written oroceedinas. uursuant to Article 34. oaraerauh 3.
of the ~tatuie of the Court, one of the ia'riies having advancedthe contention
that questions concerning the construction of the constituent instrument of
the ~nternational Civil Aviation Ornanization. namelv the Convention on
Intcrnütional Civil Aviation of 7 ~iceniber 1144. :ind of the intcrndtional
convention adopted thereunder, namely the International Air ServicesTransit
Agreement of 7Decemher 1944, are in issue in the case.
The Vice-President, Acting President under Article 13 of the Rules of
Court, has directed me to inform you that he has fixed 6 June 1972 as the
'time-limit within which the International Civil Aviation Ornanization mav
submit IOthe Court, 5hould II\O intend, observat~ons on these questions, in
accorduncc with Article 57. paragrüph 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,
Seep. 457,supra. CORRESPONDENCE 783
1971,I have the honour to inform you that the Government of India have
nominated as their Deputy Agent in the Appeal relating to the Jurisdiction
of the ICAO Council (India v. Pakistan), Dr. S.P. Jagota, Director, Legal
and Treaties Division, Ministry of External Affairs, in addition to Mr. T. S.
Ramamurti, First Secretary, Emhassy 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,
Clo. Emhassy of India,
The Hague.
(Signed) YADAVINDRSA INGH.
39. THE DEPUTY AGENT FOR THE GOVERNMENT OF PAKISTAN TO THE REGISTRAR
31 May 1972.
1have the honour to refcr tu our Ietier No. Amb. 1 55 71, dÿted Septeniber
29. 1971and tu say that the (;oi,crnment of P3kistan hïs dccidcd tu appuint
Mr. Yïhvï Bakhtiar. Ariornev General of Pdkirian thçir Chiel Counscl
in the ~i~eal relatiig ta the2Jurisdiction of the ICAO Council (India 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 IO THE REGISTRAR
31 May 1972.
1 have the honour to state that the Government of Pakistan requests that
the Court may be pleased to schedule oral hearings in the Appeal relating to
the Jurisdiction of the ICAO Council to begin hy the 12th of June, 1972.
(Signed) S. T. JOSHUA.
41. THE AGENT FOR THE GOVERNMENT OF INDIA TO THE REGISTRAR
5 June 1972.
1 have the honour to recall the suhmissions made hy me to the Acting
President of the International Court of Justice at the hearing held in his
Chamher on 23rd May 1972 to the effect that the oral proceedings in the
Appeal relating to the Jurisdiction of the ICAO Council should begin after the
summit talks are held between India and Pakistan which commence on 28th
June 1972and to statethat if the Honourahle Court are inclined, at its sitting
on 6th June 1972,not to accedç to Ourrequest, they may kindly fixthe date of
oral proceedings as convenient to them.
However, 1 have heen directed hy the Government of lndia to stdte that
the Honourable Court may be pleased to give a minimum of twenty days'
notice to Parties so that arrangements may he madefor our Counsel to reach
The Hague with books and materials to present their cases. Because of the
time difference, the decision taken hy the Court at its sitting on 6th June 1972will 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.
(Si~ned) YADAVINDRS AINOH.
1havethe honour to refer to Article 47, paragraph 1,of the Rules of Court,
attd to inform you that the Court has today fixed Monday, 19 June 1972,
as the date for the commencement of the oral proceedings 2, in the Appeal
relafing to rhe Jurisdicrion of the ICAO Council. The opening sitting will be
held at 3 p.m. on that day.
43. THE SECRETARY-GENERAL OF ICA0 IO THE REGISTRAR . .
6 June 1972.
1 have the honour to acknowledge the receipt of your letter No. 52696
dated 15 May 1972 on the subject of the Appeol relaring to the Jurisdiction
of the ICAO Council (India v. Pakistanl. 1 have taken note~ ~~~-~ne of the
~ariics hnsitated that qucstions concerning the construction of the constit"
ent in5trunient of the Inrernstional Civil Aviation Organization. namcly. the
Convention on International Civil Aviation of 7 Dccenibcr 1944. and of an
~ ~ ~ ~ ~ ~
international sonvention. namcly, the International Air ~ervices Transit
Agreement, lire in issue in the sase. Thiink you for nforming me thït the
Vice-President of the Court, Aciing Prcsidrnt, ha, fixed 6 June 1972 as the
time-limir within u,hich thc Iniernational Cibil Aviation Orglinizstion may
submit io ihe Court, rhould ilso intend. obscrvations on thesc questions.
In considerine the matter. 1 have noted that the case h~ ~ ~-- ~f-re the
International court of lustiie is an appeal against the decision of the Council
of the International Civil Aviation Organization, and also that copies of al1
the relevant proceedings in the ~ouncil have already been submitied to the
Court. Taking these considerations into acconnt, 1have the honour to inform
you that the International Civil Aviation Organization does not intend to
submit observations on the ahove-mentioned questions.
(Signed) Assad KOTAITE.
44. LE GREFFIER AU SECRETAIRE GENERA DLE L'OACI
12juin 1972.
Me réferant à mes lettres des 17 mars, 17 avril 3 et 15 mai 1972,j'ai i'honb
neur de vous faire connaitre que la Cour a fixéau lundi 19 juin 1972 à 15
heures la date d'ouverture des audiences nubliaues au cours~desauelles les
ci,nseils de I'lnde et du Pakistan présenteroit l'argumentation~ dc leurs
gouvernements cn I'atlairc de l'Appel concernanl la romp~~renre <11rCo~zsr,il
de I'OACI.
A wmmunicationin the sametermswassentto theDeputyAgentforthe Govern-
ment of Pakistan.
aSee p.502,supro. , .
3 Non reproduite. CORRESPONDENCE 785
Je ne manauerai nas de vous communiauer réaulièrement Dar avion. en
original et en iraducAon, deux exemplaires des cornetes rendus déchacunides
audiences publiques que tiendra la Cour pendant cette procédure orale.
J'ai k-ale~ ~ ~ ~ ~ ~ur de vous faire connaitre aue. se fondant sur I'ar-
ticle 44, paragraphe 3, de son Règlement, la cour; avec l'assentiment des
Parties, a autorise que les pièces de la procedure ecrite dans l'affaire dont
~ ~~'aeit soi~ ~~~e~ ~es accessibles au oublic à oartir de la date d'ouverture
de la procedure orale. En cons~quence.conformement a la pratique habituelle
du GreKe, je ferai envo)er un jeu de ces piçces des biblioiheque\ de L3
Haye, ainsi qu'a plusieurs biblioihc'ques des Nniions Unies. En outre je me
permettrai d'en envoyer A 13 bibliothèque du siègede I'OACI et a celles des
oflices regionaux de cette organisaiion pour I'Europc el pour I'Extr2nie-
Orient. ~ë 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 REGtSTRAR
13 June 1972.
~ ~ ~ ~ ~e honour to refe~ t~our let~er~No. Amb. 5/9/71.da..d th. 2nd of
Septembcr, 1971,and to staie that in succession to H.F. Mr. H. S. Chhatari,
theGovcrnment of Pakistun have Jecided 10 anpoint H.E. Mr. J. (3. Khïras.
Ambassador of Pakistan to the ~etherlands-as their Agent in the Appeal
relating fo the Jirrisdicrion of rlie I.C.A.O. Council (India v. Pakistan) hefore
the International Court of Justice.
46. THE REOISTRAR TO THE AGENT FOR THE GOVERNMENT OF INDIA
14June 1972.
Article 60, paragraph 3, of the Rules of Court provides, with reference Io
speeches and statements made during the oral proceedings, that:
"A transcript of speeches or declarations made hy agents, counsel or
advocates shall be made available to them for correction or revision,
under the supervision of the Court."
This transcrint is usuallv made available to each speaker on the same day
as the sitting on which heias spoken, with the exception of the transcript if
Monday's sitting, which will be made available at the end of Tuesday mor-
ning.
In order to facilitate any supervision which the Court may feel it proper
to exercise, the Court bas 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 following the sitting
at which the speech or declaration has heen made, with the exception of
corrections or revisions to the transcript of Monday's sitting, which should
he handed in hy 6 p.m. on Wednesday.
1 should therefore be greatly obliged if you would be good enough 10
arrange for any such corrections to reach the Registrar's office in conformity
A communicationin the same terms was sent to the Amt for the Govemmenl
of Pakistan.with the above decision. A copy of each transcript, incorporating al1correc-
tions, is kept in the Registrar'soflice for consultation by the representatives
of the Parties,
1rhould also cnplain, with rcfercnce ta ci)rrcctioiiLi)the verharini rccord,
that it1sthe practice of the Krgistry. !chen prcparing thc rccord, to examine
for this purpose al1 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. oaragraoh 3. of the Rules, the Reaistrv is accustomed. bv ~revious
-.
agreement kithhe'speakers, to includethe corrected version of the-qiotation
in the record, in place of the quotation as actually read out in court. 1 trust
that this ~ractice will meet with the a~~roval of those addressina the Court
on behalf of your Government, and leshall be obliged if you will confirm
that they will al1 be agreeahle ta the practice being followed in the present
proceedings
47. THE REGISTRAR TO THE AGENT FOR THE GOVERNMENT OF INDIA 1
15 June 1972.
In accordance with our usual practice and in order to facilitate the course
of the proceedings for the Court and for the Parties, 1 have the honour to
draw the attention of the Agents in the Appeal relaiing to the Jurisdiction
of the ICA0 Cortncil 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 of two Darts: written and oral. It is s~ecified that the written ~roceed-
ingsshall consist, on theone hand, of the act"a1 written pleadings-~emorial,
Counter-Memorial and Replies-and on the other, of al1 documents in
support; and that the oral proceedings shall consist of the hearing by the
Court of witnesses, experts, agents and advocates.
The presentation of documents after the closure of the written part of the
Droceedinas is. however. not absolutelv excluded. Article 48 of the Rules
provides for this possibility and lays down the procedure to he followed:
the document shall he filed in the Registry; the Registry will be responsible
for communicatin~ it to the other Dartv and will inform the Court: should
the other party deiline to consent iothe production, the Court wili decide.
But this procedure is entirely exceptional. Indeed, as is evident fromthe term
in which it is drafted, Article 48 is based on the principle laid down in the
Statute that documents belong ta 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, asrequired by Article 48of 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 has not previously been placed
before Members of the Court.
' A communicationin the same terms wassent Io the Agentfor the Government
of Pakisfan. CORRESPONDENCE 787
48. THE AGENT FOR THE OOVERNMENT OF INDIA TO THE REGISTRAR
19June 1972.
Sir,
In the Rejoinder submitted to the Honourable Court on 16 May 1972 in
Lonnection with the Appeal Helating to Jurisdiction of the ICA0 Council
(India v. Pakistan), the Respondent has made several wrong assertions of
facts. The Government of India has considered it necessary to place the true
facts in this regard before the Honourable Court, and has accordingly
instructed me to file the enclosed documents 1 in accordance with the proce-
dure set out in Article 48 of the Rules of Court. The Chief Counsel of India
intends ta rely on these documents in the course of the oral proceedings in
the case before this HonourableCourt.
These documents have heen organised into Groups A ta 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 number has been superimposed on the document in ques-
tion before the document was photostated/cyclostyled.
1 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, 1 enclose
herewith 20 copies each of the documents. In addition, 105 copies will be
supplied to the Registry very sliortly.
(Signedl YADAVINDRS AINGH.
49. THE AGENT FOR THE GOVERNMENT OF PAKISTAN TO THE REGISTRAR
20 June 1972.
1 have the honour to refer to your letter dated the 19th of June, 1972,
forwardine therewith a coov of the letter from the Aeent of the Government
of India ti>gciher uiihï coiy of ihc leiter referrcd titherein.
The Government of Pîkisrÿn rcpudiate.: the allcgation\ of the Go~ernmeni
of lndia that the assertiuns of facis niadc bv the Govcrnnieni of 13aki>ianin
its Rejoinder are "false" merely because the Government of India places a
different interpretation on them.
Since the Government of India has submitted "Notes" controvertinr! the
conicniions of I'akistan in its Kcjo~ndcr.and has înne~ed certain documents
thereuiih, thcsc noie, arc tüntarnaunt io fresh wriitcn pleîdings, after u,riiten
oroceedine- in the case have heen closed. Thev a.e. ke.efore. inadmissible
in principle 2.
Most of the documents primarily consist of letters and signals from
Pakistan International Airlines which is an independent statutory body. We
are, however, trying ta collect the necessary information from the Pakistan
International Airlines in Karachi with regard to,these documents.
(Signed) J.H. KHARAS.
-
Seep. 719,supra.
2 Secp. 590, supra. 50. THE AGENT FOR THE GOVERNMPSIT OF PAKISTAN TO THE REGISTRAR
28 June 1972.
1have the honour to refer to your letters No. 52898 and No. 52942, dated
the 15th and 19th of June. 1972.resoectivelv andour letter No. Amb. 1/...72.
datcd the 20th of June, 1972, and'to sny ihat the Government of Pakistan
considcr itnccessary IOdcposit the following documents 1,rcceived hcre now.
in sumort of thcir case in the A..ral relari»- Io the Jurisdicrionofthe ICAO
c0ui;c~l~:
(1) Letter No. E 118-651192,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 118-711243,dated the 9th of December, 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 ta and overflying Pakistan
effective 1st April, 1965suhmitted 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.
1 am enclosing herewith one certified copy each of the aforementioned
documents alongwith 125copies each of the same.
Herewith 1 am also forwarding a certified copy of the Award given hy
Professor Pierre A. Lalive, Arbitrator hetween Dalmia Cement Limited,
New Delhi (India) and the National Bank of Pakistan, Karachi (Pakistan) in
December, 1967. 125copies of the same Award are also enclosed.
(Signed) J. G. KHARAS '.
51. THE REGlSTRAR TO THE AGENT FOR THE GOVERNMENT OF INDIA
11 August 1972.
1 have the honour to confirm the inforination 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 am. for the reading of the
decision in the case of the Appeal relating fo the Jurisdictian of the ICAO
Council (India v. Pakisfan).
See p. 743.supra.
Seep. 698,supra.
3 A wmmunicationin the sametem was sent tothe A.entfor the Government
of Pakistan.
4 See p. 716,supro. CORRESPONDENCE 789
52. THE ACTING REGISTRAR TO THE AGENT FOR THE GOVERNMENT OF INDIA 1
30 August 1972.
1 have the honour to transmit to you heiewith 6 piinted copies of the
Judgment 2 given by the International Court of Juslice on 18August.1972 in
t,heAppealrelating to theJurisdictioriof theICA0 Council(Indiàv. Pakistan).
<, ...... , . .
.~ ,. . , . , !,'
.'' '53. LE GREFFIER EN EXERCICE AU MINISTRE DES AFFAIRE STRANGÈRES ''
, , I .. .. , D'AFGHANISTAN 3
.- .,,, ,
, .. , 30 aoDt 1972.
. .
Le Greffier en exercice de la Cour internationale de Justice a l'honneur de
transmettre, sousce pli, un exemplaire de l'arrêtrendu par la Cour le 18aoDt
1972 dans l'affaire de l'Appel concernantla compdtencedu Conseilde I'OACI
(Inde c. Pakistan). .i. - .
D'autréi exemplaires seront eipédiks uitkiieurenieht la voieordinaire.
. 3 : ' . I . , , .. ,. . I .
y, :. ....... , . .
.. - , . .......
,: ,.,. ...... . . . .,' - i ,
-. , ,
, ?.Q\ ,;~ :.\. . 8 . ',L . . , ,
.?. ?:.!Ac
: ri.-.i
i'. ' .y:
.' 'P.i,f .-8.... . ..,, i:: . . .P 8 :i .
.*- < . _,i_ ..... ., . '... .:- 3: 8 . ,: ..*?
. ~ ... r' . .
l A k&n&urÏiFationin tG&amete$ was suis!? the Agent of the ~overtyin!:
of Pakistan. ' : ... -.. .', . ,. 3, ,,
* I.C.J. 1972, p. 46,: ,- < . . ,.
3 Lamêmecch~munication'aétdadiesséeaux autres ~tag~embres des N&~o&
Uniesët'aux'Etit3 non membresdesNitions Uni&:aiJmii&e%ied revantlaCour. 2% 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 (stencildupliwted)
of the speeches made in Court, issued Io Members of the Court during the
hearings, carrying the relerence C.R. 721. A number of references to the
C.R. appeïr inthe scparate and dissenting opinions of Members of the Court
annexed Io the Advisorv O~inion of 18 Aucust 1972 (I.C.J. Rrouns 1972.
pp. 76-179); the so referred to can-be identified by means of this
table.
,,
TABLEDE CONCORDANCE DES EXPOSES ORAUX
On trouvera ci-aprds une table de concordance entre la pagination des
exposésoraux dans la présenteédition imwimée et leur pagination dans le
texte polycopié provisoire distribué aux membres de la'Cour pendant la
procédure orale sous la cote C.R.21 . Plusieurs des opinions individuelles
ou dissidentesiointes I'îvis consultaiif du 18aobt 1972(C.I.J. Recueil 1972.
p. 76-179)ayant citéles exposésoraux selon la pagination du texte polycopié
provisoire. Iï table ci-ïpres permettra de retrouver aisémentdans la présente
kdition impriméeles passages ainsi cités.
Presenf Present Presenf Presenf
C.R. Volume C.R. Volume C.R. Volume C.R. Volume
Page Page Page Page Page Page Page Page
C.R. 7211 48-51 523
8-9 502 51-52 524
10 503 52-54 525
, 11-12 504 54-55 526
12-14 505 C.R. 7214
14-16 506 C.R. 7212 8-10 566
16-19 507 8-10 527 10-13 567
19-21 508 10-11 528 13-15 568
11-13 529 15-17 569
13-14 530 C.R. 7213 17-19 570
14-16 531 8-9 551 19-21 571
16-18 532 21-22 572
18-19 533 22-25 573
19-21 534 25-28 574
21-24 535
24-26 536
26-28 537
28-31 538
31-33 539
33-36 540
36-39 541
39-41 542 TABLE OFCONCORDANCE
Present Present Presenr Present
C.R. Volume C.R. Volume C.R. Volume
C.R. Volume
Page Page Page Page Page Page Page Page
44-47 583 C.R.7216 14-16 648 32-34 682
47-48 584 8-9 616 16-18 649 34-36 683
48-50 585 36-38 684
50-51 586 38-41
685
51 587 41-43 686
43-45 687
C.R. 7215 45-47 688
8-9 588 47-49 689
9-12 589 49-52 690
12-14 590 52-53 691
14-15 591 53-55
15-18 592 55-58
18-20 593 59-60
20-22 594
22-24 595
24-26 596
26-28 597
28-30 598
30-32 599
32 600
33-34 601 C.R. ;
34-36 602 8-9
36-38 603 9-11
38-39 604 47-49 638 C.R. 7218 11-13
39-40 605 49-51 639 8-9 670 13-14
40-42 606 51-53 640 9-11 671 14-16
42-44 607 16-18
44-46 608 18-21
46-48 609 57-58 643 15-16 674
48-50 610 16-18 675
50-52 611 C.R. 7217 18-19 676
52-54 612 8-9 644 19-22' 677
54-57 613
57-58 614
59 615
Correspondence