V
V
History
The situation which gave rise to the dispute and the
facts which preceded the filing of the British Application
are recalled in the Judgment. The coastal zone
concerned in the dispute is of a distinctive
configuration. Its length as the crow flies exceeds 1,500
kilometers. Mountainous along its whole length, very
broken by fjords and bays, dotted with countless
islands, islets and reefs (certain of which form a
continuous archipelago known as the skjaergaard,
"rock rampart"), the coast does not constitute, (as it
does in practically all other countries in the world) a
clear dividing line between land and sea. The land
configuration stretches out into the sea and what really
constitutes the Norwegian coastline is the outer line of
the land formations viewed as a whole. Along the
coastal zone are situated shallow banks which are very
rich in fish. These have been exploited from time
immemorial by the inhabitants of the mainland and of
the islands: they derive their livelihood essentially from
such fishing. In past centuries British fisherman had
made incursions in the waters near the Norwegian
coast. 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. But in 1906
British vessels appeared again. These were trawlers
equipped with improved and powerful gear. The local
population became perturbed, and measures were
taken by Norway with a view to specifying the limits
within which fishing was prohibited to foreigners.
Incidents occurred, became more and more frequent,
and on July 12, 1935 the Norwegian Government
delimited the Norwegian fisheries zone by Decree.
Negotiations had been entered into by the two
Governments; they were pursued after the Decree was
enacted, but without success. A considerable number of
British trawlers were arrested and condemned in 1948
and 1949. It was then that the United Kingdom
Government instituted proceedings before the Court. Assembly’s 1960 resolution 1514 (XV) — containing the
Declaration on the Granting of Independence to
Facts Colonial Countries and Peoples — in the decolonization
On 28 September 1949, the UK requested that the of Western Sahara and, in particular, of the principle of
International Court of Justice determine how far self-determination through the free and genuine
Norway's territorial claim extended to sea, and to expression of the will of the peoples of the territory.
award the UK damages in compensation for
Norwegian interference with UK fishing vessels in the
disputed waters, claiming that Norway's claim to such
an extent of waters was against international law.
Judgment
On 18 December 1951, the ICJ decided that Norway's
claims to the waters were consistent with international
laws concerning the ownership of local sea-space.