Right of Passage Over Indian Territory (Portugal v. India)

1960 I.C.J. 6 (Judgment of April 12, 1960)

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Right of Passage Over Indian Territory (Portugal v. India)

United Nations International Court of Justice
1960 I.C.J. 6 (Judgment of April 12, 1960)

Facts

Portugal (plaintiff) gained sovereignty over two villages within India (defendant). The Portuguese government claimed the villages as its enclaves. The Portuguese also enjoyed passage over Indian territory for years while India was under the control of Great Britain. In 1954, once independent of Great Britain, the Indian government began denying the Portuguese passage to the enclaves. Portugal brought an action against India, claiming that Portugal had a right of passage to the extent necessary to exercise its sovereignty over the enclaves. India objected that no such obligation existed under international law.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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