Appeal Relating to the Jurisdiction of the Icao Council (India v. Pakistan)
International Court of Justice
1972 I.C.J. 46
Pakistan (plaintiff) brought a complaint against India (defendant) before the Council of the International Civil Aviation Organization (ICAO) on the ground that India had violated provisions of the 1944 Chicago Convention on International Civil Aviation and the International Air Services Transport Agreement. The complaint was based on India’s act of unilaterally suspending flights made by Pakistan aircraft over Indian territory. ICAO assumed jurisdiction over the case based on the jurisdictional clauses in the treaties. India appealed to the International Court of Justice (ICJ), arguing that ICAO had no jurisdiction because the treaties were no longer in force. India said it suspended the Pakistan flights based on a breach of treaty by Pakistan which occurred when Pakistan allegedly complied with the hijacking of an Indian plane. India argued the ICJ and not ICAO had jurisdiction over the case. Pakistan argued that India could not simultaneously claim the treaty was not in force due to Pakistan’s breach, and also that the treaty’s jurisdictional provisions still applied. The ICJ rejected Pakistan’s argument against its taking jurisdiction, and considered the case.
Rule of Law
Holding and Reasoning
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