Dissenting Opinion of Sir Percy Spender
DISSENTING OPINION OF SIR PERCY SPENDER
DISSENTING OPINION OF SIR PERCY SPENDER
DISSENTIWG OPINION OF JCDGE IVELLINGTOS KOO
To my great regret 1 am unable to concur in the Judgment of the
Court. Although 1 reserve my own final conclusion in the case for
reasons explained toward the end of this statement, 1 find that the
grounds upon which the Judgment is based cannot be sustained
in fact or in law.
DISSENTING OPINION OF JCDGE MORENO QUIETANA
SEPARATE OPIKION OF SIR GER-4LD FITZAIXURICE
SEPARATE OPINION OF VICE-PRESIDENT ALFARO
The decision rendered by the Court in the present case sets forth
considerations of law and fact in which 1 fully concur, especially
for the reason that its essential basis is a principle of law to
which 1 attribute great weight and which has been frequently
applied by international tribunals, both of justice and arbitration.
This principle, as 1 understand it, is that a State party to an
finds in consequence,
by nine votes to three,
that Thailand is under an obligation to withdraw any military
or police forces, or other guards or keepers, stationed by her at
the Temple, or in its vicinity on Cambodian territory;
by seven votes to five,
DISSENTING OPINION OF JUDGE FERNANDES
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