UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND V.

ICELAND International Court of Justice 17 Aug 72 25 Jul 74 [1974] ICJ Rep. 3 On 14 April 1972, the United Kingdom instituted proceedings against Iceland concerning a dispute over the proposed extension by Iceland of the limits of its exclusive fisheries jurisdiction from 12 nautical miles to 50 nautical miles. United Kingdom contends that such actuation is a breach of an agreement between the parties, evidenced by an Exchange of Notes in 1961. It specified therein that the United Kingdom would no longer object to a 12-mile fishery zone, that Iceland would continue to work for the implementation of the 1959 resolution regarding the extension of fisheries jurisdiction that would give the United Kingdom six months notice of such extension and that 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. Iceland declared that the Court lacked jurisdiction, and declined to be represented in the proceedings. It argued that the Exchange of Notes in 1961 has already been terminated as evidenced by the policy statement issued by its Government on 4 July 1971 stating that the agreements on fisheries jurisdiction with the British and the West Germans be terminated and that a decision be taken on the extension of fisheries jurisdiction to 50 nautical miles from base lines, and that this extension become effective not later than September 1st, 1972." At the request of the United Kingdom and the Federal Republic of Germany (which also contested the claim of Iceland), the Court in 1972 indicated, and in 1973 confirmed, provisional measures to the effect that Iceland should refrain from implementing, with respect to their vessels, the new Regulations for the extension of the fishery zone, and that the annual catch of those vessels in the disputed area should be limited to certain maxima. In Judgments delivered on 2 February 1973, the Court found that it possessed jurisdiction to deal with the merits of the dispute. The facts requiring the Courts consideration in adjudicating upon the claim were attested by documentary evidence whose accuracy appeared to be no reason to doubt. As for the law, although it was to be regretted that Iceland had failed to appear, the Court was nevertheless deemed to take notice of international law, which lay within its own judicial knowledge. Having taken account of the legal position of each Party and acted with particular circumspection in view of the absence of the respondent State, the Court considered that it had before it the elements necessary to enable it to deliver judgment. In Judgments on the merits of 25 July 1974, it found that the Icelandic Regulations constituting a unilateral extension of exclusive fishing rights to a limit of 50 nautical miles were not opposable to the Government of the United Kingdom, that the Government of Iceland was not entitled unilaterally to exclude United Kingdom fishing vessels from the disputed area, and that the parties were under mutual obligations to

undertake negotiations in good faith for the equitable solution of their differences concerning their respective fishery rights.