Global Encyclopedia of Territorial Rights

Living Edition
| Editors: Michael Kocsis

The Right of Passage Case of the International Court of Justice

Living reference work entry
DOI: https://doi.org/10.1007/978-3-319-68846-6_39-1
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Synonyms

Definition

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. The third...

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Notes

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References

International Cases and Case Records

  1. Application instituting proceedings (22 December 1955), printed in ICJ Pleadings, Case concerning Right of Passage over Indian Territory (Portugal v. India), vol I. Available at https://www.icj-cij.org/files/case-related/32/9107.pdf
  2. Case concerning Right of Passage over Indian Territory (Portugal v. India), Merits Judgment, 12 April 1960, 1960 ICJ Reports 6Google Scholar
  3. Case concerning Right of Passage over Indian Territory (Portugal v. India), Preliminary Objections, 26 November 1957, 1957 ICJ Reports 125Google Scholar
  4. Counter-memorial of the Government of India (March 1958) printed in ICJ Pleadings, Case concerning Right of Passage over Indian Territory (Portugal v. India), vol II. Available at https://www.icj-cij.org/files/case-related/32/9111.pdf
  5. North Sea Continental Shelf Cases (Federal Republic of Germany v. Denmark; Federal Republic of Germany v. Netherlands), Judgment, 20 February 1969, 1969 ICJ Reports 3Google Scholar
  6. Nottebohm Case (Liechtenstein v. Guatemala), Preliminary Objections, 18 November 1953, 1953 ICJ Reports 111Google Scholar
  7. Preliminary Objections of the Government of India (April 1957). Available at https://www.icj-cij.org/files/case-related/32/9113.pdf

International Treaties

  1. Statute of the International Court of Justice (1946)Google Scholar
  2. Treaty of Commerce and Extradition between Her Majesty and the King of Portugal and the Algarves with reference to their Indian Possessions (1878)Google Scholar
  3. Treaty on recognition of India’s sovereignty over Goa, Daman, Diu, Dadra and Nagar Haveli and related matters (1974)Google Scholar

UN Documents

  1. Declaration on the Granting of Independence to Colonial Countries and Peoples, UNGA Res 1514 (XV) (14 December 1960) UN Doc A/RES/1514 (XV)Google Scholar
  2. Letter dated 18 December 1961 from the Permanent Representative of Portugal addressed to the President of the Security Council (18 December 1961) UN Doc S/5030Google Scholar
  3. Non-compliance of the Government of Portugal with Chapter XI of the UN Charter and with UNGA Resolution 1542 (XV), UNGA Res 1699 (XVI) (19 December 1961) UN Doc A/RES/1699 (XVI)Google Scholar
  4. Transmission of information under Article 73e of the Charter, UNGA Res 1542 (XV) (15 December 1960) UN Doc A/RES/1542 (XV)Google Scholar
  5. UNSC Verbatim Record (18 December 1961) UN Doc S/PV.987Google Scholar
  6. UNSC Verbatim Record (18 December 1961) UN Doc S/PV.988Google Scholar

Books and Articles

  1. D’Amato A (1969) The concept of special custom in international law. Am J Int Law 63:211–223, 219Google Scholar
  2. Dixit RK (2008) Goa, conflict. In: Max Planck encyclopaedia of public international law. Oxford University Press, OxfordGoogle Scholar
  3. Elias O, Lim C (1999) Case analysis: the right of passage doctrine revisited: an opportunity missed. Leiden J Int Law 12(1):231–246, 235Google Scholar
  4. Franck T (1985) Nation against nation: what happened to the U.N. dream and what the U.S. can do about it. Oxford University Press, OxfordGoogle Scholar
  5. Indian Volunteers Invade Goa; 21 Die; Unarmed Indians March into Goa, New York Times, 15 August 1955Google Scholar
  6. Korman S (1996) The right of conquest: the acquisition of territory by force in international law and practice, vol 267. Clarendon Press, OxfordGoogle Scholar
  7. Ruys T (2018) The Indian intervention in Goa – 1961. In: The use of force in international law: a case-based approach. Ruys et al. Oxford University Press, OxfordGoogle Scholar
  8. Weber L (1981) Right of Passage over Indian Territory Case, 2 EPIL 244-6Google Scholar
  9. Wolfke (1964) Custom in Present International Law 90Google Scholar

Authors and Affiliations

  1. 1.European University InstituteFlorenceItaly

Section editors and affiliations

  • Kevin W. Gray
    • 1
  1. 1.University of TorontoTorontoCanada