Published online by Cambridge University Press: 28 March 2017
1 Excerpted text of opinion prepared by Win. W. Bishop, Jr.
2 Composed for this ease of President Winiarski; Vice President Alfaro; and Judges Basdevant, Badawi, Moreno Quintana, Wellington Koo, Sir Percy Spender, Sir Gerald Fitzmaurice, Koretsky, Tanaka, Bustamante y Rivero, and Morelli.
3 On this point Judges Tanaka and Morelli joined the dissenting Judges (Moreno Quintana, Wellington Koo, and Sir Percy Spender), on the ground that the Court should not pass upon the Fifth Submission by Cambodia, since it was not put forward until during the course of the hearings.
4 The Fifth Submission, put forward by Cambodia on March 20, 1962, asked the Court “to adjudge and declare that the sculptures, stelae, fragments of monuments, sandstone model and ancient pottery which have been removed from the Temple by the Thai authorities since 1954 are to be returned to the Government of the Kingdom of Cambodia by the Government of Thailand.”