Corfu Channel Case (United Kingdom v. Albania)

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Citation. I.C.J. 1949 I.C.J 4. 22

Brief Fact Summary.

The fact that the Albanian (P) authorities did not make the presence of mines in its waters was the basis of the United Kingdom (D) claim against them.

Synopsis of Rule of Law.

International obligations in peace time are created through elementary consideration.

Facts.

The explosion of mines in the Albanian (P) waters resulted in the death of a British naval personnel. It was on this basis that the United Kingdom (D) claimed that Albania (P) was internationally responsible for damages.

Issue.

Are international obligations in time of peace created through elementary consideration?

Held.

Yes. International obligations in peace time are created through elementary consideration. Every state has an obligation not to knowingly allow its territory to be used for acts contrary to the rights of other states.

Discussion.

In this case, the Court found that the Hague Convention of 1907 could not be applied but the Convention was applicable only in time of war. It was on the basis of the principle of freedom of maritime communication that this case was decided.