THE COD WAR

FISHERIES CASE - 25 JULY 1974

UNITED KINGDOM VS ICELAND

The Parties
Iceland

United Kingdom

Background
Danish

Government,
claimed
expanding
fishing limits
Sea areas not

yet established

First Cod War

from 4 to 12 nautical

miles (7.4 to 22.2 km)

Settlement before ICJ
Agreeing to 12 nmi

Second Cod War

expanded limits to

50 nmi (93 km)

Repealed earlier

settlement
No longer
acknowledged ICJ

Light 4nmi
Aqua 12 nmi
Blue 50 nmi

Icelandic Expansion

Legal Issues
INTERNATIONAL
COURT OF JUSTICE

Did the ICJ have jurisdiction?

United Kingdom

Iceland

Submitted the case to

Did not acknowledge

ICJ
Represented in
hearings
Right to fish in high
seas

jurisdiction
Not represented in
hearings
Exceptional
dependence and
economic stability

Did the ICJ have jurisdiction?

Statute, Article 53
(1) Whenever one of the parties does not
appear before the Court, or fails to defend its
case, the other party may call upon the Court to
decide in favor of its claim.
(2) The Court must, before doing so, satisfy
itself, not only that it has jurisdiction in
accordance with Articles 36 and 37, but also that
the claim is well founded in fact and law.

Did the ICJ have jurisdiction?

YES. As an international

judicial organ, is deemed

to take judicial notice of
international law
burden of establishing or
proving rules of
international law cannot
be imposed upon any of
the parties, for the law
lies within the judicial
knowledge of the Court.

Did the ICJ have jurisdiction?

"The delimitation of sea areas has always an

international aspect; it cannot be dependent merely

upon the will of the coastal State as expressed in its
municipal law. Although it is true that the act of
delimitation is necessarily a unilateral act, because
only the coastal State is competent to undertake it,
the validity of the delimitation with regard to other
States depends upon international law." (AngloNorwegian Fisheries Case, I.C.J. Reports 1951, p.
132.)

Does Iceland have a right to exclusive fishing ?

Geneva Convention on the High Seas of 1958

Article 1: high seas are all parts of the sea

that are not included in the territorial sea
or in the interna1 waters of a State".
Article 2: "The high seas being open to all
nations, no State may validly purport to
subject any part of them to its sovereignty"
freedom of navigation
freedom of fishing.

Does Iceland have a right to exclusive fishing ?

Disputes on territorial waters governed

by international law
fishery zone - the area in which a State
may claim exclusive fishery jurisdiction
preferential rights of fishing - in favor
of the coastal State

Not to the exclusion of other states

historic fishing rights

Does Iceland
have a right
to exclusive
fishing ?

NO.
Reconcile
preferential
fishing rights
and
traditional
fishing rights

Does Iceland have a right to exclusive fishing ?

12 nmi limit acceptable to UK
Establish

phasing out period

Waters beyond 12 nmi
Fishing not exclusive
Cannot unilaterally impose restrictions
Duty to give due regard to rights of other states
Mutual effort in conservation and other
obligations
Establish catch-limitations, share allocations,
related restrictions

United Nations
Convention on the
Law of the Seas

Internal waters

Territorial waters
Contiguous zone
Exclusive economic
zone
Continental shelf

Status Quo

Sources
http://www.icjcij.org/docket/index.php?sum=304&

code=ai&p1=3&p2=3&case=55&k=9d&p3=5
http://www.hmsbacchante.co.uk/cod%20war%20su
mmary.htm
http://britishseafishing.co.uk/the-cod-wars/