Hostname: page-component-cb9f654ff-mx8w7 Total loading time: 0 Render date: 2025-09-04T15:17:45.806Z Has data issue: false hasContentIssue false
  • English
  • Français

Case Analysis: The Right of Passage Doctrine Revisited: An Opportunity Missed

Published online by Cambridge University Press:  03 March 2004

Olufemi Elias  and
Chin Lim
Get access Rights & Permissions [Opens in a new window]

Abstract

In the Preliminary Objections phase of this case the Court followed its previous jurisprudence based on the Right of Passage Over Indian Territory case (1957) concerning the operation of Article 36(2) of its Statute. It is argued here that there were compelling reasons why the Court should have reassessed this jurisprudence. The implications of the Right of Passage doctrine for the operation of Article 36(2) and the role of the Court in international affairs are also discussed.

Keywords

International Court of Justicejurisdictionoptional clauseRight of Passage doctrine

Information

Type
HAGUE INTERNATIONAL TRIBUNALS: International Court of Justice
Information
Leiden Journal of International Law , Volume 12 , Issue 1 , March 1999 , pp. 231 - 245
Copyright
© 1999 Kluwer Law International

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Article purchase

Temporarily unavailable