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Anglo-Norwegian Fisheries Case
Anglo-Norwegian Fisheries Case
FISHERIES CASE
ICJ REP. 1951
In
The
On
the
other
hand,
Norway
argued that the
base lines had to
be drawn in such
a way as to
respect
the
general direction
of the coast and
in a reasonable
manner.
The
The
ISSUE:
Whether or not by reference to the
Principles
of
International
Law
Applicable in Defining Baselines, the
Norwegian Government was Entitled
to Delimit Fisheries Zone and
Exclusively Reserve it to its Nationals
HELD
The
TRACE
PARALLELE-consists of drawing
the outer limits of the belt following the
coast and all its sinuosity.
The
considered
that
expressed
state
dissent regarding a particular practice
was detrimental to the existence of an
alleged general rule.
It did not elaborate whether these
states adopted a contrary practice
because it was claiming an exception
to the rule (see the Nicaragua
jurisprudence) or because it believed
that the said rule did not possess the
character of customary law.
In
In
INITIAL OBJECTION
In
SUSTAINED OBJECTION
The court also went on to hold that Norway
NO OBJECTION
After the court held that the 10-mile rule did
situation
which
could
only
be
strengthened with the passage of time,
the
United
Kingdom
Government
refrained from formulating reservations.
CONTRARY PRACTICE
In this case, Norway adopted a contrary practice
CONCLUSION
The court held that the fact that this
consistent
and
sufficiently
long
practice took place without any
objection to the practice from other
states (until the time of dispute)
indicated that states did not consider
the Norwegian system to be contrary
to international law.
The
RELATIONSHIP BETWEEN
INTERNATIONAL AND NATIONAL LAW
The court alluded to the relationship between
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
MARITIME LAW
COASTLINE RULE
The judgment was rendered in favor of
REFERENCES
lawteacher.net - Law Teacher ( The
PUBLIC
INTERNATIONAL
LAW
(An
introduction to Public International
Law for Students).