COMPENDIUM OF SUMMARIES OF JUDICIAL DECISIONS IN ENVIRONMENT RELATED CASES

INTERNATIONAL

International - Fishing Zones

UNITED KINGDOM v. ICELAND

INTERNATIONAL COURT OF JUSTICE, I.C.J. REPORTS 1974, p. 3

Introduction

The International Court of Justice considered a dispute between Iceland and the United Kingdom regarding a proposed extension by Iceland of its fisheries jurisdiction. Iceland failed to appear or to plead its objection in this case.

In 1948, Iceland's Parliament passed a law directing the Ministry of Fisheries to issue regulations establishing explicitly bounded conservation zones for fishing. A 4-mile zone was subsequently drawn in 1952. In 1958 this zone was extended to 12 miles, establishing a new 12-mile fishery limit around Iceland which was reserved for Icelandic fisherman. The United Kingdom did not accept the validity of the new regulations, and its fisherman continued to fish inside the 12-mile limit.

After the 1960 Second United Nations Conference on the Law of the Sea, England and Iceland began a series of negotiations to resolve their differences, and in 1961 reached a settlement in an Exchange of Notes agreeing to a 12-mile fishery zone around Iceland. In 1971, Iceland decided to extend its fisheries jurisdiction to a 50-mile zone, and maintained that the 1961 Exchange of Notes was no longer in effect. These actions form the core of this dispute.

Legislative Framework

Anglo-Danish Convention of 1901.
1948 "Law concerning the Scientific Conservation of the Continental Shelf Fisheries" (Iceland).
Geneva Convention on the High Seas of 1958.
1958 Convention on the Telritorial Sea and the Contingency Zone
1958 "Regulations concerning the Fisheries Limits off Iceland".
1959 North-East Atlantic Fisheries Convention.
1961 United Kingdom-Iceland Exchange of Notes re: Fisheries Limits.
1972 Icelandic Regulations.
1973 United Kingdom-Iceland "Interim Agreement in the Fisheries Dispute".

Held

The 1972 Icelandic Regulations constitute a unilateral extension of the exclusive fishing rights of Iceland to 50 nautical miles. Iceland cannot unilaterally exclude the United Kingdom from areas between the fishery limits agreed to the 1961 Exchange of Notes.

Iceland and the United Kingdom must undertake negotiations in good faith to find an equitable solution to their differences concerning their respective fishery rights. The parties are to consider that Iceland is entitled to a preferential share in the distribution of fishing resources due to the special dependence of its people upon coastal fisheries, as well as the principle that each state must pay due regard to the interests of the other in the conservation and equitable exploitation of these resources.

The court noted two concepts that had been accepted as part of customary law: (1) the idea of a fishery zone in which each state may claim exclusive fishery jurisdiction independently of its territorial sea, and that a fishery zone up to a 12-mile limit from the baseline is generally accepted; and (2) the concept of preferential rights of fishing in adjacent waters in favour of the coastal state which has special dependence on its coastal fisheries.

Cases Cited

Fisheries Cases, I.C.J. Reports 1951, p. 116
Northern Cameroons, Judgement, I.C.J. Reports 1963, p. 33
North Sea Continental Shelf, I.C.J. Reports 1969, p. 47
Fisheries Jurisdiction (United Kingdom v. Iceland), Interim Protection, Order 17August 1972, I.C.J. Reports 1972, p. 12
Fisheries Jurisdiction (United Kingdom v. Iceland), Interim Measures, Order of 12 July 1973, I.C.J. Reports 1973, p. 303