Corfu Channel Case Brief
Corfu Channel Case Brief
Corfu Channel Case Brief
20131034
Group-1
Albanian
government.
However,
UK
argued
that
under
warships
through
the
channel
was
meant
to
be
Pragya Sharma
20131034
Group-1
REASONING
The ICJ found that ships could use narrow channels for innocent
passage, even if that meant they had to enter the 12-mile
territorial waters of a coastal country. The ICJ found that the UK
had a right to traverse the Channel. The ICJ found that since the
Channel could be used to innocent passage, Albania could not mine
it without giving prior notice.
The ICJ also said that UK couldnt sweep the Channel for mines,
since minesweeping was outside the definition of innocent passage.
The Court recognized that the Albanian Government completely
failed to carry out its duties after the explosions, and the dilatory
nature of its diplomatic notes, were extenuating circumstances for
the action of the United Kingdom Government.
This case mainly decided based on customary international law, as
it occurred prior to the Convention on the Law of the Sea [1833
U.N.T.S. 3 (1982)], which would now apply.
DISPOSITION
To ensure respect for international law, of which it is the organ, the
Court declared that the action of the British Navy constituted a
violation of Albanian sovereignty.