What happened in Corfu Channel case?

Sommario:

1. What happened in Corfu Channel case?
2. In which landmark case Albania was held internationally responsible to pay compensation to uk for carrying out mine explosions without intimation?
3. What was the ruling in the case SS Lotus?
4. What is the right of innocent passage?
5. Who won the Lotus case?
6. What is the meaning of Opinio Juris?
7. What is prohibited in innocent passage?
8. Do warships have a right to innocent passage?
9. What happened in Lotus case?
10. Is opinio juris binding?
11. What evidence is required for opinio juris?
12. What are the three right of transit passage?
13. Can warships enter EEZ?
14. Why is the Lotus case important?
15. Is opinio juris necessary?
16. What is the difference between opinio juris and state practice?
17. Is transit passage customary international law?
18. Are new states bound by customary international law?
19. Who is called the father of international law?
20. Is international law binding on states?

What happened in Corfu Channel case?

In October 1946, when two British warships passed through the Corfu Channel the ships struck mines and were damaged. ... 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.

In which landmark case Albania was held internationally responsible to pay compensation to uk for carrying out mine explosions without intimation?

Corfu Channel case

The Corfu Channel case
Court	International Court of Justice
Full case name	Corfu Channel (United Kingdom of Great Britain and Northern Ireland v. People's Republic of Albania)
Decided	(prelim. objection) (merits) 15 December 1949 (compensation)
Case history

What was the ruling in the case SS Lotus?

It held that France, as the flag State, did not enjoy exclusive territorial jurisdiction in the high seas in respect of a collision with a vessel carrying the flag of another State (paras 71 – 84).

What is the right of innocent passage?

Innocent passage is a concept in the law of the sea that allows for a vessel to pass through the archipelagic and territorial waters of another state, subject to certain restrictions.

Who won the Lotus case?

As a result of the accident, eight Turkish nationals aboard the Bozkourt drowned when the vessel was torn apart by the Lotus....Lotus case.

The Lotus Case
Court	Permanent Court of International Justice
Full case name	The Case of the S.S. "Lotus" (France v. Turkey)
Court membership

1 altra riga

What is the meaning of Opinio Juris?

an opinion of law or necessity Definition. Opinio juris is a shortened form of the Latin phrase opinio juris sive necessitatis, which means "an opinion of law or necessity."

What is prohibited in innocent passage?

Law of the Sea Passage is innocent as long as a ship refrains from engaging in certain prohibited activities, including weapons testing, spying, smuggling, serious pollution, fishing, or scientific research.

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.”

What happened in Lotus case?

A collision occurred on the high seas between a French vessel – Lotus – and a Turkish vessel – Boz-Kourt. The Boz-Kourt sank and killed eight Turkish nationals on board the Turkish vessel. The 10 survivors of the Boz-Kourt (including its captain) were taken to Turkey on board the Lotus.

Is opinio juris binding?

In customary international law, opinio juris is the second element necessary to establish a legally binding custom. Opinio juris denotes a subjective obligation, a sense on behalf of a state that it is bound to the law in question.

What evidence is required for opinio juris?

In practice, a variety of sources tend to be used to demonstrate the existence of opinio juris, including evidence such as diplomatic correspondence, press releases and other government statements of policy, opinions of legal advisers, official manuals on legal questions, legislation, national and international ...

What are the three right of transit passage?

Ships and aircraft exercising the right of transit passage shall (a) proceed without delay through or over the strait; (b) refrain from any threat or use of force against the sovereignty, territorial integrity, or political independence of States bordering the strait; and (c) refrain from any activities other than ...

Can warships enter EEZ?

On Aug, North Korea declared a “military zone” extending 50 miles from the starting line of the territorial waters in the East Sea to the boundary line of the economic sea zone in the West Sea for the purpose of safeguarding its EEZ and to defend the “nation's interests and sovereignty.”13 Foreign military ...

Why is the Lotus case important?

The Lotus case gave an important dictum on creating customary international law. France had alleged that jurisdictional questions on collision cases are rarely heard in criminal cases, because States tend to prosecute only before the flag State.

Is opinio juris necessary?

In customary international law, opinio juris is the second element necessary to establish a legally binding custom. Opinio juris denotes a subjective obligation, a sense on behalf of a state that it is bound to the law in question.

What is the difference between opinio juris and state practice?

Opinio juris is the subjective element of custom as a source of law, both domestic and international, as it refers to beliefs. The other element is state practice, which is more objective as it is readily discernible. To qualify as state practice, the acts must be consistent and general international practice.

Is transit passage customary international law?

The customary nature of the right of transit passage is reaffirmed in the 1988 Presidential Proclamation extending the territorial sea of the United States to 12 nautical miles: 'In accordance with international law, as reflected in the applicable provisions of the [UNCLOS]…the ships and aircraft of all countries enjoy ...

Are new states bound by customary international law?

New nations, however, it is generally held, cannot choose between the various rules of customary international law23 – they are bound by all of the accepted customary rules (at the point of independence).

Who is called the father of international law?

Thanks to his work On the law of war and peace Grotius is considered to be the founding father of modern international law. ... Thanks to his work 'De iure belli ac pacis' (On the law of war and peace, 1625) he is considered to be the founding father of modern international law.

Is international law binding on states?

International law is the term given to the rules which govern relations between states. Despite the absence of any superior authority to enforce such rules, international law is considered by states as binding upon them, and it is this fact which gives these rules the status of law.