1. THE CONCEPT OF INTERNATIONAL JUDICIAL JURISDICTION: A REAPRAISAL
2. Certain German Interests in Polish Upper Silesia, PCIJ Series A, No 7, 19. In Free Zones, the Permanent Court noted that a State cannot refer to its domestic legislation in order to limit the scope of its international obligations, PCIJ Series A/B, No 46, 167.
3. A similar outcome was reached in the Corfu Channel case where the Court condemned the action of the British Navy in Albanian territorial waters which had been undertaken in order to secure evidence about the minelaying. The UK did not claim the right of self-defence but referred to the concepts of self-help and self-protection, which the Court did not accept. ICJ Reports, 1949, 35–6.
4. Judge Higgins , Separate Opinion, paras 32 and 35 emphasized the relevance of Corfu Channel in this context.