The right of passage case of the International Court of Justice

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.