TL; DR: Spain ceded the Philippines to the USA as part of the Treaty Of Paris (1898). The Island of Palmas (aka Miangas) was within the boundaries of the cession. Later, it was discovered that the Netherlands too claimed the island. The Netherlands had established connections with the people of Miangas and claimed it as […]
Island of Palmas case (Netherlands, USA) [1928] PCA Read More »
TL; DR: In 1957, Portugal brought a case against India in ICJ seeking confirmation of its right of passage over Indian territory between Portuguese-controlled enclaves (Dadra and Nagar-Aveli). Portugal claimed that historical treaties granted it right of passage for civilian and military personnel. India contested this, asserting sovereignty and the right to control its territory.
Portugal v. India Rights of Passage Case ICJ Rep 125, ICGJ 173 (ICJ 1957) Read More »
Facts: On October 3rd, 1948, a military rebellion broke out in Peru. However, the rebellion was quelled within a day and the accused were arrested and charged. A day after the rebellion was quashed; proceedings were instituted against Victor Raul Haye De La Torre, a leader of an opposition party known as the American Citizens’
Asylum Case, Colombia v. Peru, Judgment, 1950 I.C.J. 266 (Nov. 20) Read More »
TL; DR: The S.S. Lotus case, heard by the Permanent Court of International Justice (PCIJ) in 1927, involved a jurisdictional dispute between France and Turkey following a collision on the high seas between a French and a Turkish vessel, which resulted in the deaths of Turkish nationals. Turkey prosecuted a French officer for manslaughter, leading
Facts: Apart from having waters 12 nautical miles away from its coasts, a coastal state is separately entitled to take economic resources 200 nautical miles away from its coast. However, controversy surrounded the North Sea because of a continental shelf, which, according to one definition, is the part of the continental margin between the
TL; DR: Iran brought a case against the U.S. after the U.S. attacked its oil platforms, claiming it broke a treaty governing their relations. The court had to decide whether the U.S. violated the treaty by attacking the platforms and whether the U.S. could justify the attack as self-defence. The court ruled that self-defence
Oil Platforms Case (Islamic Republic of Iran v. United States of America), [2003] ICJ 4 Read More »
Facts: On October 22, 1946, two British naval vessels passing through the Corfu Channel within Albanian territorial waters suffered heavy damage, and forty-five of its crew members lost their lives and another forty-two were injured as mines exploded near them. The channel was considered safe because mine-clearing operations had been carried out in the
Corfu Channels Case Read More »
In the Nuclear Tests Case (Australia v. France), Australia contested France’s nuclear testing as a violation of international law. New Zealand later joined, arguing that the tests posed a threat to the marine ecosystem. The core issues were the scope of France’s sovereign rights to conduct nuclear tests within its territory, international environmental law, and
Nuclear Tests Case (France v. Australia) Read More »
