DISSENTING OPINION OF JUDGE CHAGLA

In my opinion the fifth and sixth objections of India should
prevail and the Court should hold that it has no jurisdiction to
entertain Portugal's Application.

Fifth Objection
With regard to the fifth objection in my opinion it is now only
of academicimportance, and 1 have nothing to add to what 1 have
already stated in my dissenting opinion on the Preliminary

Objections.
Sixth Objection

DISSENTING OPINION OF JUDGE SIR PERCY SPENDER

1greatly regret that 1cannot agree with the Judgment of the
Court on certain important issues, though 1 do agree with certain
of its conclusions.
As to the Fifth and Sixth Prelirninary Objections of the Republic
of India to the jurisdiction of the Court,1 agree that these cannot

DISSENTING OPINION OF JUDGE MORENO QUINTANA

DISSENTING OPINION OF JUDGE ARMAND-UGON

[Translation]
As 1 am, to my regret, unable to concur entirely in the decision
of the Court on the merits, 1 feel called upon to explain the reason
for my dissenting opinion.

EISSENTING OPINION OF JUDGES WINIARSKI AND

BADAWI
[Translation]
It is with great regret that we find ourselves unable to subscribe
to the decision of the Court which rejects the Sixth Objection of the
Indian Union and consequently finds that the Court has juris-
diction in the present case.

SEPARATE OPINION OF JGDGE V. K. WELLINGTON KOO

1 agree with the conclusion of the judgment of the Court in
recognizing a right of passage for Portugal between Daman and the
enclaves and between the enclaves as sanctioned by local custom
in respect of private persons, civil officials and goods in general,
but Iregret to be unable to concur in excluding from the scope or
content of this right the passage of Portuguese armed forces, armed

DECLARATION BY JUDGE SPIROPOULOS
[Translation]
To my very great regret, 1 differ from the Judgment on some
points :

DECLARATION BY JUDGE KOJEVNIKOV
[Translation]
Judge F. 1. Kojevnikov States that he can concur neither in the
reasoning nor in the operative part of the Judgment on the first

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