Fisheries case (United Kingdom v Norway)

Fisheries case (United Kingdom v Norway)

1. Fisheries case (United Kingdom v Norway) Syed Muhammad Khan Roll. NO. 043 International law VS

2. Preview Introduction Basic Terms Background History Decision of the case References

3. Introductions In 1935 Norway enacted a decree by which it reserved certain fishing grounds situated off its northern coast for the exclusive use of its own fishermen. United Kingdom maritime with Norwegian Sea line has a long-lasting issue which led United Kingdom to go through a legal procedure and a solution to the case. United Kingdom of Great Britain and Northern Ireland filed a case against Norway on issue of Fisheries in September 28th, 1949

4. Cont… The question at issue was whether the decree, which laid down a method for drawing the baselines from which the width of the Norwegian territorial waters had to be calculated, was valid international law. This question was rendered particularly delicate by the intricacies of the Norwegian coastal zone, with its many fjords, bays, islands, and reefs. 

5. Basic Terms Fisheries = a place where fish are reared for commercial purposes. Delimitation = the action of fixing the boundary or limits of something. Decree = an official order that has the force of law.

6. Historical Background This case was between the governments of Norway and UK wherein both the countries had been following Norway’s customary rule for about 300 years from 1618 to 1906. The customary rule was that No UK fisherman or agency or organization was allowed to enter the coast line of Norway which was set to be 10 mile from the coast of Norway. British had been following this rule since beginning, but the conflict started when in 1911 a British traveler ship entered the boundaries of Norway coast line for fishing. Norway government then seized the ship and arrested all the people. Negotiations between both the state nations ensued. The war in 1914 stopped these activities.

7. Cont… The incidents started again in 1922. In 1924, new discourses were initiated. British trawlers expanded their activities in the areas off the Norwegian coast west of the North Cape in 1932, On July 27, 1933, the United Kingdom Government sent out a policy document to the Norwegian Government, complaining that the Norwegian authorities had used unconscionable base-lines in delimiting the maritime boundary. The similar incident happened in 1948 also, when another British fishing ship was seized by Norway’s government and all people were arrested and confirm the suitability of its Limitation Law.

8. Cont … On September 28th, 1949, the Government of the United Kingdom of Great Britain and Northern Ireland filed in the Registry an Application instituting proceedings before the Court against the Kingdom of Norway, the subject of the proceedings being the validity or otherwise, under international law, of the lines of delimitation of the Norwegian fisheries zone laid down by the Royal Decree of July 12th, 1935, as amended by a Decree of December 10th, 1937, for that part of Norway which is situated northward of 66° 28.8' (or 66° 28' 48') N. latitude. The Application refers to the Declarations by which the United Kingdom and Norway have accepted the compulsory jurisdiction of the Court in accordance with Article 36, paragraph 2, of the Statute

9. Decision of the case Finds by ten votes to two, that the method employed for the delimitation of the fisheries zone by the Royal Norwegian Decree of July, 1935, are not contrary to international law; and by eight votes to four, that the base-lines fixed by the said Decree in application of this method are not contrary to international law. Decided 18 th December 1951

10. References The International court of justice, (18 Dec, 1951), Fisheries (United Kingdom v. Norway), Judgments https://www.icj-ij.org/en/case/5/judgments   The International court of justice, (27 JAN, 195O), Fisheries (United Kingdom v. Norway), The writing proceedings https://www.icj-cij.org/en/case/5/written-proceedings