Treaties — Ratification by conduct of parties — Whether States free to vary or modify previous unimplemented agreements — Nehru-Noon Agreement between India and Pakistan regarding exchange of certain enclaves, 1958 — Amendment to Constitution enacted to effect transfer but not implemented — Subsequent agreement between India and Bangladesh in 1974 — Understanding in 1982 making certain clarifications in respect of 1974 agreement — Whether ratification of earlier agreement of 1974 by conduct of parties
Territory — Cession — Servitudes — Agreements between India and Bangladesh, 1974 and 1982, regarding exchange of enclaves — Bangladesh allowed to retain two enclaves of Dahagram and Angarpota — Enclaves encircled by Indian territory — Bangladesh given right of passage through Indian territory of Teen Bigha to enable Bangladesh to exercise sovereignty over the enclaves — Sovereignty over Teen Bigha retained by India — Whether cession of territory — Whether words “lease in perpetuity” amount to international servitude
Sources of international law — International practice and custom regarding right of passage — Sovereignty and the concept of interdependence of States — Enclaves in Bangladesh surrounded by Indian territory — Whether Bangladesh having a right of passage through Indian territory — Military and para-military and police of Bangladesh also given a right of passage — Whether such concessions amounted to customary and self-imposed restraints on sovereignty — The law of India
