Fisheries case (United Kingdom v Norway)

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

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

3.  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.  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.  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.

7.  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.

8.  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.

9.  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

10.  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 18th December 1951

11.  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