DECLARATION BY JUDGE BADAWI
[Tralzslation-Y
Portugal has consistently argued in its pleadings and oral argu-
ments that the British and, after them, India recognized its sover-
eignty over the enclaves, and that before 1954 Portugal had in fact
no complaint of the way in which they acted towards it. If there
were occasional incidents or differences of opinion between them,
these were due to their power of control and regulation which
Portugal could not challenge.

DECLARATION BY JUDGE BASDEVANT
[Translation]
1 have understood the dispute referred to the Court as relating
essentially to the conflict of views between the Parties with regard
to the lawfulness or unlawfulness of the measures taken by India
in respect of passage between Daman and the enclaves, it being
possible to hold that those measures were unlawful, as alleged
by Portugal, only if it first be found that passage constitutes a

DECLARATION BY PRESIDENT KLAESTAD

DISSENTIXG OPINION OF JUDGE READ

1 regret that1 am unable to concur in the decision of the Court,
in this case, and that it has become necessary for me to indicate
the reasons which have prevented me from concurring with the
majority. As 1am of the opinion that the Court shouldreject al1the
Preliminary Objections, and deal with the merits, 1 must examine
al1aspects of the case, and, in doing this, shall consider the following
questions:

DISSENTIXG OPIXIOX OF JCDGE BASDEVAKT

1 regret that 1 am unable to concur in the Judgment of the

DISSEKTING 0PIh;IOK OF J'C'DGEGVERRERO

SEPARATE OPINION
OF JUDGE SIR HERSCH LAUTERPACHT

While 1 concur in the operative part of the Judgment inasmuch
as the Court has declared itself incompetent to decide on the
merits of the case submitted to it, much regret that 1 do not find
myself in agreement with the grounds of the Judgment. As the
issues involved are intimately connected with the nature of the
decisions of the Court in the matter of its competence, as me11as
with some basic questions of its obligatory jurisdiction, consider

SEPARATE OPIKIOS
OF M. BADAW'I, VICE-PRESIDENT OF THE COcRT
[Translation]

Done in French and English, the French text being authoritative,
at the Peace Palace,The Hague, this sixth day of July, onethousand
nine hundred and fifty-seven, in three copies, one of which will be
placed in the archives of the Court and the others will be trans-
mitted to the Government of the French Republic and to the
Government of the Kingdom of Norway, respectively.

(Signed) GREENH. HACKWORTH.

President: