Separate Opinion of Judge V. K. Wellington Koo

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 Badawi (translation)

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)

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

Dissenting Opinion of Judge Read

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:

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