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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
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Abstract

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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
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