The Effectiveness of Control in General. While the requirement of a sufficiently well-organized governmental apparatus has experienced a relative decline, the effectiveness of control has continued to be an important factor in jurisprudence. in the Corfu Channel case, many of the dissenting opinions highlighted the ineffectiveness of Albania’s coastal watch.131 in his separate opinion, Judge Xxxxxxx even went beyond the circumstances of the particular case, elaborating on the duty of vigilance and the role of effective control in more general terms, noting that: Every State is bound to exercise proper vigilance in its territory. This vigilance does not extend to uninhabited areas; and it is not of the same nature in the terres- trial part of the territory as in the maritime, aerial or other parts. This obligation of vigilance varies with the geographical conditions of the countries and with other circumstances: a State exercises greater vigilance in certain areas than in others, according to its interests. Moreover, this vigilance depends on the means available to a given State.132 Judge Xxxxxxx thus assigned a considerable margin of discretion to states in deciding how to exercise their ‘vigilance’, even allowing for the state’s inter- ests to determine its degree of vigilance.133 How does this compare with more recent jurisprudence on the issue, namely the Armed Activities case at the iCJ and the case law of the ECtHR regarding secessionist entities?
