Why was the Corfu Channel case important?
In the Corfu Channel case, the Court articulated the principle that every state is obliged not to knowingly allow its territory to be used to commit acts against the rights of any other state. This meant, with respect to the Corfu Channel, that Albania was obliged to warn others that its territorial waters were mined.
What was held in Corfu case?
In November 1946 the British Royal Navy swept for mines in the Corfu Channel in Albanian waters without Albanian consent. The Court held that Albania was responsible for the October 1946 explosion in Albanian waters, and for the damage and loss of human life that resulted.
Why Albania was responsible in Corfu Channel case?
Albania, for its part, had submitted a counter-claim against the United Kingdom. It accused the latter of having violated Albanian sovereignty by sending warships into Albanian territorial waters and of carrying out minesweeping operations in Albanian waters after the explosions.
In which case the doctrine of forum Prorogatum was adopted by ICJ?
6 Corfu Channel, Special agreement concluded on March 25, 1948, ICJ Reports 1948, 29. through the adoption of the 1978 Rules of procedure of the Court, which raised the ques- tion of its relevance in current proceedings of the Court (II).
Which party bears the burden of proof before the ICJ?
63 In that case, the Appellate Body stated: various international tribunals, including the International Court of Justice, have generally and consistently accepted and applied the rule that the party who asserts a fact, whether the claimant or the respondent, is responsible for providing proof thereof.
Where is the Corfu Channel?
The Straits of Corfu or Corfu Channel is the narrow body of water along the coasts of Albania and Greece to the east, separating these two countries from the Greek island of Corfu on the west.
Do warships have a right to innocent passage?
All ships, including warships, regardless of cargo, armament or means of propulsion, enjoy the right of innocent passage through the territorial sea in accordance with international law, for which neither prior notification nor authorization is required (at 1446).
What do you mean by the term right of innocent passage?
Definition of innocent passage : the right of a foreign ship in grave distress or when overcome by a force majeure to anchor in or stop at a port within the territorial waters of another state without being subject to the general jurisdiction of the latter.
What is Forum Prorogatum ICJ?
Indeed, the concept of forum. prorogatum, which has its origins in Roman law, literally means “prorogated jurisdiction”: this is to say the extension of the jurisdiction of a court by agreement of the parties in a case which would otherwise be outside its jurisdiction.
What is Compromissory clause ICJ?
The usual form of compromissory clause provides that any dispute relating to the interpretation or application of the treaty in question may be referred to the Court unilaterally by any party to the treaty.
Who alleges must proof?
The cardinal principle of the law is that “he who alleges must prove”. It was held in S v Mia 2009 (1) All SA 447 (SCA) that the proper approach in a criminal matter is that evidence must be considered in its totality.
Who alleges must prove?
It is a settled law that he who wants the court the give verdict in his favour on a certain right or liability depending on existence of certain facts must prove that the same do exist. So the burden of proof lies on that person who alleges.
Why are territorial waters 12 miles?
That was linked to the distance of a cannon shot fired from shore. This was considered to be about 3 nautical miles (5.6 kilometers). With the negotiation of the 1982 United Nations Law of the Sea Convention, the allowed breadth of a territorial sea claim was extended to 12 nautical miles (22 kilometers).
Can warships enter territorial waters?
Under international law a warship can transit through a nation’s territorial waters “so long as it is not prejudicial to the peace, good order or security of the coastal state,” according to Article 19 of the UNLOSC.
Are warships allowed innocent passage?
“All ships, including warships, regardless of cargo, armament, or means of propulsion enjoy the right of innocent passage through the territorial sea in accordance with international law, for which neither prior notification nor authorization is required.”
What type of cases can be brought before the ICJ?
The Court may entertain two types of cases: legal disputes between States submitted to it by them (contentious cases) and requests for advisory opinions on legal questions referred to it by United Nations organs and specialized agencies (advisory proceedings).
What was the Corfu Channel case about?
People’s Republic of Albania) The Corfu Channel case (French: Affaire du Détroit de Corfou) was the first public international law case heard before the International Court of Justice (ICJ) between 1947 and 1949, concerning state responsibility for damages at sea, as well as the doctrine of innocent passage.
What was the impact of the Corfu case on international law?
The arguments developed by the UK in its pleadings and taken up by the ICJ during the Corfu channel case constitute a major influence on the development of international law. The pleadings of the UK later developed as due diligence obligations of States regarding the use of their territory.
What is Corfu Channel?
Corfu Channel has had a lasting influence on the practice of international law, especially the law of the sea. The concept of innocent passage used by the Court was ultimately adopted in a number of important law of the sea conventions.
Was Corfu Channel a turning point in environmental law?
Although Corfu Channel was superficially a decision about the law of the sea and the use of force, scholars such as Malgosia Fitzmaurice have remarked on the impact of Corfu Channel on the development of international environmental law.