Recent Comments

Search This Blog

Powered by Blogger.

Blog Archive

The Court ruled that India did not act contrary to its

A custom can come into existence between a group of States or even amongst the two States. The Asylum case has clearly laid down that a loc...

A custom can come into existence between a group of States or even amongst the two States. The Asylum case has clearly laid down that a local custom which is observed amongst a group of States in their relations inter-se, is within the purview of Art. 38, para. (1)(b) of the Statute of the International Court of Justice." In the Right of Passage over Indian Territory (India v. Portugal)," India suspended the right of passage to Portugal through the Indian territory, which was in between Dadra, Nagar Haveli and Daman after a revolt in Dadra in July 1954. Before the International Court of Justice, Portugal claimed this right based on the Treaty of 1779, concluded between Portugal and the then Maratha ruler. The right of passage granted in favour of Portugal was subsequently allowed by the British Government also as the sovereign of that part •of the country which was with the Marathas. This right was confined to private persons, civil officials andgoods in general, to the extent necessary to exercise sovereignty by Portugal over these enclaves, but armed forces did not enjoy this right. For them special permission was sought and granted by British authorities. After independence, India also allowed this right. The Court ruled that India did not act contrary to its.

International obligations, and the right was suspended in July 1954, because of the repercussions and tension created by the events in Dadra in the border territory of India. The Court also decided that Portugal was not entitled to send its armed forces through the Indian territory.
In rendering its judgment, the Court relied on the Treaty of 1779. The Court also accepted the validity of the claim of Portugal based on custom, because the right existed continuously for a long period of time. In reply to India's objection that no local custom could be established only between two States, the Court observed:

It is difficult to see why the number of States between which a local custom may be established on the basis of long practice must necessarily be larger than two. The Court sees no reason why long continued practice between two States accepted by them as regulating their relations should not form the basis of mutual rights and obligations between the two States.

It would hardly ever be practicable to show that every State has recognised or accepted a certain practice, and the test of general recognition is basically vague. It is enough to show that the majority of States have accepted a particular practice for a custom to evolve. In the North Sea Continental Shelf cases, Judge Lachs in his dissenting opinion stated that "to become binding, a rule or principle of international law need not pass the test of universal acceptance.... Not all States have ... an opportunity or possibility of applying a given rule. The evidence should be sought in the behavior of a great number of States, possibly the majority of States, in any case the great majority of the interested States".2° For example, in the matters related to maritime law, the practice of the United Kingdom and the United States is of special importance, just like in the law relating to outer space, the practice of the United States and Russia is significant.

Further, for a practice to get the force of law as a customary rule, the precise length of time required for its existence is immaterial, it is enough that it must be followed long enough to show that the other requirements, i.e., uniformity and consistency, are also met. In the North Sea Continental Shelf cases, the International Court of Justice observed:

Although the passage of only a short period of time is not necessarily, or of itself. a bar to the formation of a new rule of customary international law ... an indispensable requirement would be that within the period in question, short though it might be, State practice, including that of States whose 

COMMENTS

Name

Health,3,International Law,4,
ltr
item
Top Videos: The Court ruled that India did not act contrary to its
The Court ruled that India did not act contrary to its
Top Videos
https://funnyshowu.blogspot.com/2018/07/the-court-ruled-that-india-did-not-act.html
https://funnyshowu.blogspot.com/
http://funnyshowu.blogspot.com/
http://funnyshowu.blogspot.com/2018/07/the-court-ruled-that-india-did-not-act.html
true
1469219025106870455
UTF-8
Loaded All Posts Not found any posts VIEW ALL Readmore Reply Cancel reply Delete By Home PAGES POSTS View All RECOMMENDED FOR YOU LABEL ARCHIVE SEARCH ALL POSTS Not found any post match with your request Back Home Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sun Mon Tue Wed Thu Fri Sat January February March April May June July August September October November December Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec just now 1 minute ago $$1$$ minutes ago 1 hour ago $$1$$ hours ago Yesterday $$1$$ days ago $$1$$ weeks ago more than 5 weeks ago Followers Follow THIS CONTENT IS PREMIUM Please share to unlock Copy All Code Select All Code All codes were copied to your clipboard Can not copy the codes / texts, please press [CTRL]+[C] (or CMD+C with Mac) to copy