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

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