FISHERIES CASE

United Kingdom V. Norway

International Court of Justice (ICJ)
December 18, 1951
Facts:
1. In the past centuries, British fisherman had made incursions in the
waters near the Norwegian Coast.
2. As a result of complaints from the King of Norway, they abstained from
doing so at the beginning of the 17th century and for 300 years.
3. In 1906, British vessels appeared again, equipped with improved and
powerful gear making the local population more perturbed. Incidents
occurred, became more and more frequent.
4. On June 12, 1935, a Norwegian Royal Decree was enacted delimiting
the Norwegian fisheries zone north of 66 [degrees] 28.8' North latitude.
5. Negotiations had been entered by the two Government which were
pursued after the Decree was enacted but without success.
6. A considerable number of British fishermen were arrested and
condemned in 1948 & 1949.
7. As a result, on September 28th, 1949, the Government of the United
Kingdom of Great Britain filed with the Registry of ICJ an Application
instituting proceedings before the Court against the Kingdom of
Norway.
Issue:
Whether or not, there was validity, under international law, of the lines of
delimitation of the Norwegian fisheries zone as set forth in the Royal Decree
of July 12th, 1935.

Held:
The method employed in the delimitation of the fisheries zone by the Royal
Norwegian decree of 12th July 1935 is not contrary to the International Law.
The court also held that the baselines fixed by this decree in application are
not contrary to the International Law.

1. It was agreed from onset by both parties and by the Court that Norway
had the right to claim the 4-mile belt of Territorial sea.
2. The Norwegian Government had proved the existence of an historical title
to the disputed areas of water (Judge Hackworth).
3. Principles of the Law of Nations applicable to the Law of the Sea (Judge
Alvarez)

States have the right to modify the extent of their territorial sea
Any state directly concern may object the other states decision as to
the extent of its territorial sea.
The international status of bays and straits must be determined by the
coastal states directly concern due regard to the general interest,
Historical rights and the concept of prescription in international law