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FISHERIES CASE - 25 JULY 1974UNITED KINGDOM VS ICELAND

THE COD WAR

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Iceland United Kingdom

The Parties

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Background

DanishGovernment,claimed

expandingfishing limits

Sea areas not

yet established

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First Cod War

from 4 to 12 nauticalmiles (7.4 to 22.2 km)

Settlement before ICJAgreeing to 12 nmi

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Second Cod War

expanded limits to50 nmi (93 km)

Repealed earliersettlement

No longeracknowledged ICJ

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Icelandic Expansion

Light 4nmi

Aqua 12 nmi

Blue 50 nmi

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INTERNATIONALCOURT OF JUSTICE

Legal Issues

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United Kingdom Iceland

Submitted the case to

ICJ Represented in

hearings

Right to fish in high

seas

Did not acknowledge

jurisdiction Not represented in

hearings

Exceptional

dependence andeconomic stability

Did the ICJ have jurisdiction?

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Did the ICJ have jurisdiction?

Statute, Article 53

(1) Whenever one of the parties does notappear before the Court, or fails to defend itscase, the other party may call upon the Court todecide in favor of its claim.

(2) The Court must, before doing so, satisfy

itself, not only that it has jurisdiction inaccordance with Articles 36 and 37, but also thatthe claim is well founded in fact and law.

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Did the ICJ have jurisdiction?

YES. As an internationaljudicial organ, is deemedto take judicial notice ofinternational law

burden of establishing orproving rules ofinternational law cannot

be imposed upon any ofthe parties, for the lawlies within the judicialknowledge of the Court.

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Did the ICJ have jurisdiction?

"The delimitation of sea areas has always aninternational aspect; it cannot be dependent merelyupon the will of the coastal State as expressed in itsmunicipal law. Although it is true that the act ofdelimitation is necessarily a unilateral act, becauseonly the coastal State is competent to undertake it,the validity of the delimitation with regard to other

States depends upon international law." (Anglo-Norwegian Fisheries Case, I.C.J. Reports 1951, p.132.)

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Does Iceland have a right to exclusive fishing ?

Geneva Convention on the High Seas of 1958

Article 1: high seas are all parts of the seathat are not included in the territorial sea

or in the interna1 waters of a State".

Article 2: "The high seas being open to allnations, no State may validly purport to

subject any part of them to its sovereignty"

freedom of navigation

freedom of fishing.

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Does Iceland have a right to exclusive fishing ?

Disputes on territorial waters governedby international law

fishery zone - the area in which a Statemay claim exclusive fishery jurisdiction

preferential rights of fishing - in favor

of the coastal State Not to the exclusion of other states

historic fishing rights

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Does Icelandhave a rightto exclusive

fishing ?

NO.Reconcile

preferential

fishing rightsand

traditional

fishing rights

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Does Iceland have a right to exclusive fishing ?

12 nmi limit acceptable to UK

Establish phasing out period

Waters beyond 12 nmi

Fishing not exclusive

Cannot unilaterally impose restrictions

Duty to give due regard to rights of other states

Mutual effort in conservation and otherobligations

Establish catch-limitations, share allocations,related restrictions

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Status Quo

United Nations

Convention on theLaw of the Seas

Internal watersTerritorial waters

Contiguous zone

Exclusive economiczone

Continental shelf

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Sources

http://www.icjcij.org/docket/index.php?sum=304&code=ai&p1=3&p2=3&case=55&k=9d&p3=5

http://www.hmsbacchante.co.uk/cod%20war%20su

mmary.htm http://britishseafishing.co.uk/the-cod-wars/

http://www.icjcij.org/docket/index.php?sum=304&code=ai&p1=3&p2=3&case=55&k=9d&p3=5http://www.icjcij.org/docket/index.php?sum=304&code=ai&p1=3&p2=3&case=55&k=9d&p3=5http://www.hmsbacchante.co.uk/cod%20war%20summary.htmhttp://www.hmsbacchante.co.uk/cod%20war%20summary.htmhttp://britishseafishing.co.uk/the-cod-wars/http://britishseafishing.co.uk/the-cod-wars/http://britishseafishing.co.uk/the-cod-wars/http://britishseafishing.co.uk/the-cod-wars/http://britishseafishing.co.uk/the-cod-wars/http://britishseafishing.co.uk/the-cod-wars/http://www.hmsbacchante.co.uk/cod%20war%20summary.htmhttp://www.hmsbacchante.co.uk/cod%20war%20summary.htmhttp://www.icjcij.org/docket/index.php?sum=304&code=ai&p1=3&p2=3&case=55&k=9d&p3=5http://www.icjcij.org/docket/index.php?sum=304&code=ai&p1=3&p2=3&case=55&k=9d&p3=5