Fisheries case
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Fisheries Case (United Kingdom v. Norway) | |
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Court | International Court of Justice |
Decided | December 18, 1951 |
United Kingdom v Norway [1951] ICJ 3, also known as the Fisheries Case, was the culmination of a dispute, originating in 1933, over how large an area of water surrounding
History
The situation which gave rise to the dispute and the facts which preceded the filing of the British Application are recalled in the Judgment. The coastal zone concerned in the dispute is of a distinctive configuration. Its length as the crow flies exceeds 1,500 kilometers. Mountainous along its whole length, very broken by fjords and bays, dotted with countless islands, islets and reefs (certain of which form a continuous archipelago known as the skjærgård, "rock rampart"), the coast does not constitute, (as it does in practically all other countries in the world) a clear dividing line between land and sea. The land configuration stretches out into the sea and what really constitutes the
Facts
On 28 September 1949, the UK requested that the International Court of Justice determine how far Norway's territorial claim extended to sea, and to award the UK damages in compensation for Norwegian interference with UK fishing vessels in the disputed waters, claiming that Norway's claim to such an extent of waters was against international law.
Judgment
On 18 December 1951, the ICJ decided that Norway's claims to the waters were consistent with international laws concerning the ownership of local sea-space.[1]
The Court found that neither the method employed for the delimitation by the Decree, nor the lines themselves fixed by the said Decree, are contrary to international law; the first finding being adopted by ten votes to two, and the second by eight votes to four. Three Judges — MM. Alvarez, Hackworth and Hsu Mo appended to the Judgment a declaration or an individual opinion stating the particular reasons for which they reached their conclusions; two other Judges—Sir Arnold McNair and Mr. J. E. Read—appended to the Judgment statements of their dissenting Opinions.
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See also
References
- ^ "Cabinet Papers: The Cod Wars". National Archives (UK). Retrieved 5 December 2020.
Further reading
Kobayashi, Teruo J. The Anglo-Norwegian fisheries case of 1951 and the changing law of the territorial sea. University of Florida Press.