12.04.1960|Decisions|International Tribunal
Right of Passage over Indian Territory (Portugal v. India)
In the dispute between India and Portugal, concerning Portugal's right to access its enclaves in India, the International Court of Justice ruled that in certain cases a state has a right to access enclaves which form part of its territory but which are located within the territory of another state, and that this right applies even if the passage contradicts the wishes of the state of transit. The Court relied on existing custom between the two states, and ruled that Portugal has a right of passage through India since, inter alia, passage was acknowledged as Portugal's right by law over a considerable period of time.
