Fisheries Jurisdiction Case
Fisheries Jurisdiction Case
Fisheries Jurisdiction Case
might, in its view, be raised against its jurisdiction. In so doing, it avoids not
only all expressions of opinion on matters of substance, but also any
pronouncement which might prejudge or appear to prejudge any eventual
decision on the merits.
Compromissory clause of the 1961 Exchange of Notes (paras. 13-23 of the
Judgment)
To found the Court's jurisdiction, the Government of the United Kingdom
relies on an Exchange of Notes which took place between it and the
Government of Iceland on 11 March 1961, following an earlier dispute over
fisheries. By that Exchange of Notes the United Kingdom undertook to
recognise an exclusive Icelandic fishery zone up to a limit of 12 miles and to
withdraw its fishing vessels from that zone over a period of 3 years. The
Exchange of Notes featured a compromissory clause in the following terms:
"The Icelandic Government will continue to work for the
implementation of the Althing Resolution of May 5, 1959, regarding
the extension of fisheries jurisdiction around Iceland, but shall give to
the United Kingdom Government six months' notice of such
extension, and, in case of a dispute in relation to such extension, the
matter shall, at the request of either party, be referred to the
International Court of Justice."
The Court observes that there is no doubt as to the fulfilment by the
Government of the United Kingdom of its part of this agreement or as to the
fact that the Government of Iceland, in 1971, gave the notice provided for in
the event of a further extension of its fisheries jurisdiction. Nor is there any
doubt that a dispute has arisen, that it has been submitted to the Court by the
United Kingdom and that, on the face of it, the dispute thus falls exactly
within the terms of the compromissory clause.
Although, strictly speaking, the text of this clause is sufficiently clear for
there to be no need to investigate the preparatory work, the Court reviews the
history of the negotiations which led to the Exchange of Notes, finding
confirmation therein of the parties' intention to provide the United Kingdom,
in exchange for its recognition of the 12-mile limit and the withdrawal of its
vessels, with a genuine assurance which constituted a sine qua non for the
whole agreement, namely the right to challenge before the Court the validity
of any further extension of Icelandic fisheries jurisdiction beyond the 12-mile
limit.
It is thus apparent that the Court has jurisdiction.
Validity and duration of the 1961 Exchange of Notes (paras. 24-45 of the
Judgment)
The Court next considers whether, as has been contended the agreement
embodied in the 1961 Exchange of Notes either was initially void or has
since ceased to operate.