Appeal Relating to the Jurisdiction of the Icao Council (India v. Pakistan)
International Court of Justice
1972 I.C.J. 46
Relevant factsFree
India (defendant) unilaterally suspended Pakistani overflights, claiming Pakistan had already breached the underlying aviation treaties by allegedly cooperating with a hijacking; Pakistan (plaintiff) brought a complaint before the ICAO Council based on the treaties' jurisdictional clauses, and India argued the ICJ, not ICAO, had jurisdiction because the treaties (and their jurisdictional clauses) were no longer in force due to the suspension.
IssueFree
Whether unilateral suspension of a treaty by one party automatically renders any jurisdictional clauses within the treaty invalid.