Corfu Channel Case (United Kingdom v. Albania)
Procedural History:
The United Kingdom (D) claimed that Albanian (P) authorities should have warned of the presence of mines in Albanian (P) waters.
Overview:
British naval personnel died as a result of the explosion of mines in Albanian (P) waters. The U.K. (D) claimed Albania (P) was internationally responsible for damages
Issue:
Do elementary considerations of humanity create international obligations in peace time?
Rule:
elementary considerations of humanity create internal obligations in peace time.
Analysis:
The Court found that the Hague Convention of 1907 did not apply. The Hague Convention only applies in times of war. This case was decided on the basis of the principle of freedom of maritime communication.
Outcome:
-Yes. Elementary considerations of humanity create international obligations in peace time. Every state has an obligation not to knowingly allow its territory to be used for acts contrary to the rights of other states.
Procedural History:
The United Kingdom (D) claimed that Albanian (P) authorities should have warned of the presence of mines in Albanian (P) waters.
Overview:
British naval personnel died as a result of the explosion of mines in Albanian (P) waters. The U.K. (D) claimed Albania (P) was internationally responsible for damages
Issue:
Do elementary considerations of humanity create international obligations in peace time?
Rule:
elementary considerations of humanity create internal obligations in peace time.
Analysis:
The Court found that the Hague Convention of 1907 did not apply. The Hague Convention only applies in times of war. This case was decided on the basis of the principle of freedom of maritime communication.
Outcome:
-Yes. Elementary considerations of humanity create international obligations in peace time. Every state has an obligation not to knowingly allow its territory to be used for acts contrary to the rights of other states.
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