I.C. J, CcmmuniquS No. 59/33
(Unof ficial )
The following information fmm the Begistry of the International
Court of Justice is communicetetd o the Press:
The Ssternztional Court of Justice wiU sit zt 4 p,m. on Monday,
21 Septanber 1959, {&en the ord procedure ul the secondphase of the
case concerning right of passage over Indian territory will be begixi,
It will be recal-led thzt proceedings were Ulstituked in this case
on 22 Decmber 1955 by an Applicetlon of the Governent of the Republic
of Portugd against the Republic of li-idia, The dispute concerns the
question of right of pzssage aver India territory between the Portuguese
territory of Dman (coastal D~xnm) , 2nd the enclaved PolYtuguese territories
of Dadra andNagar Aveli and between these tm latter territories, The
Governent d &dia having raiseci six objectioi~s to the jurisdiction, the
Court, by its Judgent of 24 November 1957, rejected the first four objections,
joined the Eifth md sixth to the merits, ordered the reswnption of the
proceedings on the merit s ancifixed tiirie-lMt s for the filhg of ple~dings.
A num'oer of extensions of these time-limits hzving been ~ranted by the
0 Court, the pleadings were filed on the following dzL.te: the Counter
Manorial of the Governent of Pndis on 25 March 1958; the lZeply of the
Goverment of Portugal on 2.5July 1958; the Fiejobder of the Governirient
'
of hdia on 5 ~ebruab 1959. Since that date the case has been ready
for hearing.
As the Court does not jnclude upon the Bench judges of the nationdities
of the Partias, the Govemzents of kdiz and of Portugal raspectively chose
to sit as judges2d hoc in the first phase of the proceçdings: llr, M&omed
Ali CurrlJn Chagàc:., jmbassador of India to the Unit~d States of America,and
M. Msnuel Femmdes , DirectorGeneral of the Itinistry of Justice of Portugal
and 2 member of the Internztiond Relations Section of'the UppzrHouse.
Mr; Chzgla .and H. Femendcs will sr;ain be sittjng,
The Governent of Partugnl hrs indicated thet it wuld be reprasented
before the Court by the following :
M. Joâo de Berms Ferreire da Fonseca, hbassc?dor Fxtraordinar ad
Plenipotentiary af Portugal to
0 the Netherlmds,
as Agent;
Prof essor Inocênai~ GLix&a Telles, Dirsctor of the Facdty of Law
of the University of Lisbon,
manber of the Upper House,
as Agent, Advocate
ad Couns el;
M. Maurice Bourqub, Prof essor of the Faculty of Law
of the University of Gencvz 2ad
of the Institut Universi.tsire
de Hz-utes Etudes internationales, ... . "-
hi. Guilherme Braga de Cruz, Professor, Director of the Faculty
of L2w of the University of Coimbra,
rnember oL the Uppr House;
M. Pierfe Lalive dl@inay, Professor of the Feculty of Law of
. . the University af Gsneva;
M. Joz..uh Silva Cunha, Prof essar of the ~aculty' of L8w of the
University of Lisbon, member of the
Upper House,
as Counsel who will
also pz,rt,icipate
in the or~l
pro eeedings g.
M, Henrique P111artlnade Carvalho, Counselïor for Ovcrsees Affairs of the
Ministry for Foreign ALfzirs;
Pl. Alexandre Labato, , Secretary OP the Centre diEtudes
hî stor3c;ues de 1 Outremer ,
es "r;xpei-.ts;
M. CîPlps H~cieira Rry dos Santos, Secretnry of the ~dlibassy of ~ortkel
2% The Hngue,
The cornposition 'of the dclegz.tion reprasentin; t:e Goirernment of India
has noL yet beon notified to the Ccurt.
Right of Passage over Indian Territory - Representatives of the Parties for the oral procedure in the second phase of the case, beginning on September 21st, 1959