The Anglo-norweigian Fisheries PIL
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Transcript of The Anglo-norweigian Fisheries PIL
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The anglo-norwegian fisheries case
Since 1911 British trawlers had been seized and condened for !iolating eas"res ta#en b$ the
%orwegian go!ernent s&ecif$ing the liits within which fishing was &rohibited to foreigners'
(n 19)*+ a decree was ado&ted establishing the lines of deliitation of the %orwegian fisheries
zone'
,n .th Se&teber 19.9 the go!ernent of the /nited 0ingdo filed the registr$ of theinternational co"rt of "stice an a&&lication instit"ting &roceedings against %orwa$' The s"bect
of the &roceeding was the !alidit$+ "nder international law+ of the lines of deliitation of the
%orwegian fisheries zone as set forth in a 2ecree of 1th 3"l$ 19)*'
The a&&lication referred to the declaration b$ which the "nited 0ingdo and %orwa$ hadacce&ted the co&"lsor$ "risdiction of the (nternational 4o"rt of 3"stice in accordance with
article )5 67 of its stat"te'
The &arties in!ol!ed in this case were %orwa$ and the /nited 0ingdo+ of 8reat Britain and
%orthern (reland' The i&leentation of the o$al %orwegian 2ecree of the 19)* was et with
resistance fro the /nited 0ingdo' The decree co!ers the drawing of straight lines+ called:baselines; . iles dee& into the sea' This . iles area is reser!ed fishing e
@ %orwa$ co"ld onl$ draw straight lines across ba$s
@ The length of lines drawn on the forations of the S#aergaard ford "st not e
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Baritie Faw
4oastline 9"le
The "dgent was rendered in fa!or of %orwa$ on the 1Eth 2eceber 19*1' B$ 1A !otes to the
co"rt held that the ethod e&lo$ed in the deliitation of the fisheries zone b$ the o$al
%orwegian decree of the 1th 3"l$ 19)* is not contrar$ to international law' B$ E !otes to .!otes the co"rt also held that the base lines fi
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C"rtherore+ 3"dge ead fro 4anada was "nable to conc"r with &arts of the "dgent' ead
reected "stification b$ %orwa$ for enlarging her aritie doain and seizing and condening
foreign shi&s 63ohnson 1I)7>
@ So!ereignt$ of the coastal state is not the basis for %orwa$ to clai . ile belt fro
straight base lines
@ 4"stoar$ international law does not recognize the r"le according to which belts of
territorial waters of coastal states is to be eas"red'
@ %orwegian s$ste cannot be co&atible with international law'
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case'&h&Qi