Spain v.

Canada

FACTS: On May 10, 1994, Canada deposited with the Secretary General of the united Nations a
new declaration of the acceptance of the compulsory jurisdiction of the Court. In addition to its
prior declaration which already contained 3 reservations, the new declaration set out a new
reservation further excluding from the Court’s jurisdiction “(d.) disputes arising out of or
concerning conservation and management measures taken by Canada with respect to vessels
fishing in the NAFO Regulatory Area, as defined in the Convention on future Multilateral
Cooperation in the Northwest Atlantic Fisheries, 1978, and the enforcement of such measure.

On March 9, 1995, the Estai – a fishing vessel flying the Spanish flag and manned by Spanish crew
was intercepted and boarded some 245 miles away from the Canadian coast by the Canadian
Government vessel. It was seized and its master arrested in violation of the Coastal Fisheries
Protection Act and in particular, illegal fishing of Greenland Halibut.

In a note, the Spanish government stated that they condemn the pursuit and harassment of the
Spanish vessel by vessels of the Canadian navy in flagrant violation of the International Law in
force since these took place outside the 200-mile zone.

In turn, the Canadian government stated that the Estai resisted the efforts of the Canadian
inspectors to board her in accordance with international practice and that such arrest was
necessary to stop the overfishing of the Greenland Halibut.

On March 28, 1995, Spain instituted proceedings against Canada relating to the Canadian Coastal
Fisheries Protection acts and its implementing regulations’ subsequent amendments including the
pursuit, boarding and seizure of the Estai.

The application invoked as basis of jurisdiction of the Court the declaration whereby both States
have accepted the compulsory jurisdiction in accordance with Article 36, par. 2 of the Statute.

On April 18, 1995, the proceeding against the Estai and its master was discontinued by order of
the Attorney-General of Canada. Subsequently, the bond was discharged and the bail was repaid
with interest.

On April 21, 1995, the ambassador of Canada informed the Court that the Court @manifestly lacks
jurisdiction to deal with the Application filed by Spain by reason of par. 2(d) of the Declaration
whereby Canada accepted the compulsory jurisdiction of the Court.

During the oral arguments, Spain finally submitted that the subject matter of the dispute is
Canada’s lack of title to act on the high seas against vessels flying the Spanish flag, the fact that
Canadian fisheries legislation cannot be invoked against Spain, and reparation for the wrongful
acts perpetrated against Spanish vessels are not included in Canada’s reservation to the
jurisdiction of the Court.

ISSUE: whether or not the Court has jurisdiction.

HELD: