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right of passage doctrine

Leiden Journal of International Law (1)

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1 results

Case Analysis: The Right of Passage Doctrine Revisited: An Opportunity Missed
Olufemi Elias, Chin Lim
Journal:

Leiden Journal of International Law / Volume 12 / Issue 1 / March 1999

Published online by Cambridge University Press:

03 March 2004, pp. 231-245

Print publication:

March 1999
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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.