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appealed to the International Court of Justice (ICJ), arguing that ICAO had no jurisdiction because the treaties were no longer in force.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
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 174,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.