The right of passage case of the International Court of Justice
License
Cadmus Permanent Link
Full-text via DOI
ISBN
ISSN
Issue Date
Type of Publication
Keyword(s)
LC Subject Heading
Other Topic(s)
EUI Research Cluster(s)
Initial version
Published version
Succeeding version
Preceding version
Published version part
Earlier different version
Initial format
Author(s)
Citation
Michael KOCSIS (ed.), Global encyclopedia of territorial rights, Cham : Springer, 2021, OnlineOnly
Cite
VISWANATH, Raghavi, The right of passage case of the International Court of Justice, in Michael KOCSIS (ed.), Global encyclopedia of territorial rights, Cham : Springer, 2021, OnlineOnly - https://hdl.handle.net/1814/70896
Abstract
This case is a 1960 decision of the International Court of Justice on the territorial dispute between the States of India and Portugal. The dispute concerned the delimitation of areas under Portuguese control after India became independent in 1947. The case involved three main legal issues of contention. The first was whether the dispute could even be heard by the Court (that is, whether the case was admissible). This required both States to demonstrate that they had accepted the jurisdiction of the Court under Article 36 of the Court’s Statute. The second question was whether the agreement through which Portugal was conferred a right of passage was a valid treaty under international law. This required the Court to assess if the parties had intended to enter into a binding agreement, whether they were subjects of international law, and whether either of the two parties were coerced into the agreement.