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Fisheries Jurisdiction Case (United Kingdom v. Iceland)

International Court of Justice.  17 August 1972 ; 18 August 1972 ; 02 February 1973 ; 12 July 1973 ; 25 July 1974 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International law in general — Nature and binding force — Concept of equity — Whether a matter of abstract justice or of rule of law requiring application of equitable principles — Nature of duty to negotiate towards equitable settlement

State territory — Parts of State territory — Territorial waters Breadth and delimitation of the maritime belt — Whether determined by international law — Fishing limits — Whether internatonal law restricts fishing limits to twelve miles from coast

State territory — Parts of State territory — Territorial waters Fisheries — Exclusive fishing zone — Whether extent prescribed by international law — Whether limited to twelve miles from coast — Preferential rights of coastal State beyond territorial waters

State territory — Parts of State territory — Continental shelf — Rights of State over waters above its continental shelf — Fisheries — Development of concept of sovereignty over continental shelf — Effect on changing law of the sea

State territory — Parts of State territory — State servitudes — Fishing rights in high seas — Preferential rights of coastal State in adjacent waters — Historic rights of other States

Jurisdiction — High seas — Conception of the high seas and freedom of the sea — Theory of absolute freedom of the high seas — Qualifications thereof — Fisheries — Duty to have regard for interests of other States — Preferential rights of coastal State in adjacent waters — Historic rights of other States

Treaties — Conclusion and operation of treaties — Conditions of validity — Effect of duress — Anglo — Icelandic Exchange of Notes 1961

Treaties — Termination — By operation of law — Fundamental change of circumstances — Relevance of change of circumstances to treaty — Failure of consideration — Anglo-Icelandic Exchange of Notes 1961

Treaties — Termination — By act of party — Unilateral denunciation — Circumstances in which State entitled to denounce treaty Anglo — Icelandic Exchange of Notes 1961

Disputes — International Court of Justice — Contentious jurisdiction — Competence — Jurisdiction under treaty — Anglo-Icelandic Exchange of Notes — Refusal of State to appear — Whether affecting jurisdiction of the Court

Disputes — International Court ofJustice — Contentious jurisdiction — Competence — Interim measures of protection

Disputes — International Court of Justice — Contentious jurisdiction — Procedure — Effect of refusal of State to appear

Disputes — International Court ofJustice — Contentious jurisdiction — The law applicable — Rule of law requiring application of equitable principles — Competence of Court to indicate equitable principles as guide to negotiation

Disputes — Negotiation — Relationship between negotiation and judicial settlement — International Court of Justice

Jurisdiction — In general — Territorial — Over fisheries — Extent of — Whether limited to twelve miles — Whether extension to fifty miles permissible — Icelandic claim — Whether opposable to United Kingdom — Adjacent waters — Rights of the coastal State Exceptional dependence upon fisheries — Conservation — Preferential rights of coastal State — Historic rights of other States — Duty of States to negotiate equitable balance between rights — Anglo-Icelandic Exchange of Notes 1961

Treaties — Conclusion — Conditions of validity — Duress — Termination — By operation of law — Fundamental change of circumstances — Failure of consideration — Termination by act of party — Unilateral denunciation — Anglo — Icelandic Exchange of Notes 1961

Disputes — International Court of justice — jurisdiction — Treaty conferring jurisdiction denounced by one party — Procedure Interim measures of protection — Nature of a dispute — Relationship between judicial process and negotiation

International law in general — Nature and binding force — Concept of equity — Equity and law — Sources of international law — Custom — Conditions for existence of rule of custom — The law of the sea

Type
Case Report
Copyright
© Cambridge University Press 1979

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