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Fisheries Jurisdiction Cases INTERNATIONAL COURT OF JUSTICE PLEADINGS, ORAL ARGUMENTS, DOCUMENTS FISHERIES JURISDICTION CASES VOLUME I (UNITED KINGDOM OF GREAT BRITAlN AND NORTHERN 1RELAND 1·. ICELAND) COUR INTERNATIONALE DE JUSTICE MÉMOIRES, PLAIDOIRIES ET DOCUMENTS AFFAIRES DE LA COMPÉTENCE EN MATIÈRE DE PÊCHERIES VOLUME 1 (ROY AU ME-UNI DE GRANDE-BRETAGNE ET D'IRLANDE DU NORD c. ISLANDE) Abbreviated reference: !. C.J. P!eadings, Fisheries Jurisdiction, Vo 1. I Référence abrégée: · C.l.J. Mémoires, Compétence en matière de pêcheries, vol. I Sales numbcr N° de t·cntc: 405 FISHERfES JURISDICTION CASES AFFAIRES DE LA COMPÉTENCE EN MATIÈRE DE PÊCHERIES INTERNATIONAL COURT OF JUSTICE PLEADINGS, ORAL ARGUMENTS, DOCUMENTS FISHERIES JURISDICTION CASES VOLUME I (UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND v. JCELAND) COUR INTERNATIONALE DE JUSTICE MÉMOIRES, PLAIDOIRlES ET DOCUMENTS AFFAIRES DE LA COMPÉTENCE EN MATIÈRE DE PÊCHERIES VOLUME I (ROYAUME.UNI DE GRANDE·BRETAGNE ET D'IRLANDE DU NORD c. ISLANDE) The present volume (I} contains the record filed in the Fisheries Jurisdiction ( United Kingdom v. /ce/and) case. This case, entered on the Court's General List on 14 April 1972 under number 55, was the subject of two Orders on lnterim Measures of Protection (Fisheries Jurisdiction (United Kingdom v. /ce/and), lnterim Protection, Ordù of 17 August 1972, l.C.J. Reports 1972, p. 12 and id., Order of 12 Ju/y 1973, I.C.J. Reports 1973, p. 302) and two Judgments. The first Judgment was delivered on 2 February 1973 (Fisheries Jurisdiction ( United Kingdom v. /cc/and), Jurisdiction of the Court, Judgment, /. C.J. Reports 197 3, p. 3), and the second Judgment on 25 July 1974 (id., Merits, Judgment, l.C.J. Reports 1974, p. 3). The United Kingdom Application, Request for Interim Measures of Protection, Memorials and Oral Arguments appear in this volume in chrono­ logical order. The record filed in the Fisheries Jurisdiction ( Federal Republic of Germany v. /ce/and} case and the correspondence relating to the two cases appear in Volume Il. The page references originally appearing in the pleadings have been altered to correspond with the pagination of the present edition. Where the reference is to Volume Il of the present edition, it is indicated in bold type. The Hague, 1975. Le présent volume (1) reproduit le dossier de l'affaire de la Compétence ~n matière de pêcheries ( Royaume-Uni c. Islande). Cette affaire, inscrite au rôle général de la Cour sous le n° 55 le 14 avril 1972, a fait J"objet de deux ordonnances portant indication de mesures conserva­ toires (Compétence en matière de pêcheries ( Royaume-Uni c. Islande), mesures consermtoires, ordonnance du 17 août 1972, C./.J. Recueil 1972, p. 12; et id., ordonnance du 12 juil/et 1973, C.l.J. Recueil /973, p. 302) et de deux arrêts. Le premier arrêt a été rendu le 2 février 1973 (Compétence en matière de pêcheries ( Royaume-Uni c. /s/ande}, compétence de la Cour, arrêt, C.I.J. Recueil 1973, p. 3) et le second le 25 juillet 1974 (id.,fond, arrêt, C.I.J. Recueil 1974, p: 3). La requête, la demande en indication de mesures conservatoires, les mémoires et les plaidoiries du Royaume-Uni sont reproduits dans le présent volume suivant leur ordre chronologique. Un autre volume (Il) contient le dossier de l'affaire de la Compétence en matière de pêcheries ( République fédérale d"Al/emagne c. Islande), ainsi que ta correspondance relative aux deux affaires de la Compétence en matière de pêclll'ries. Les renvois d'une pièce à rautre ont été modifiés pour tenir compte de la pagination de la présente édition. Lorsqu'il s'agit d'un renvoi au volume Il, ce chiffre est indiqué en caractères gras. La Haye, 1975. CONTENTS Page Application lnstituting Proceedings submitted by the Gm'ernment of the United Kingdom of Great Britain and Northern Ireland 1 Annexes to the Application Annex A. Exchange of Notes of 1961. 11 Annex B. Government of the United Kingdom's aide-mémoire of 17 July 1971 13 Annex C. Government of Ice\and's aide-mémoire of 31 August 1971 . 14 A1111ex D. Government of the United Kingdom's aide-mémoire of 27 September 1971. 15 Annex E. Resolution on special situations relating to coastal fisheries adopted at Geneva on 26 April 1958. 16 Annex F. North-East Atlantic Fisheries Convention of 24 January 1959. 17 Annex G. Resolution adopted by the Althing on 15 February 1972 25 Annex H. Government of lceland's aide-mémoire of 24 February 1972 . 26 Enclosure 1 . 26 Enclosure 2. Memorandum entitled Fisher/es Jurisdiction in !ce/and issued by the lcelandic Ministry of Foreign Affairs in February 1972 f. Tntroduction . , . 27 Il. The importance of the fisheries in the lcelandic economy 33 Ill. Conservation and utilization of fishery resources. 36 A. Conservation of fishery resources . 36 B. Utilization of fishery resources . 37 IV. The principal types of fishing gear used within the fishery limits of lceland and ru les concerning their use . 40 Appendix r. Law concerning the scientific conservation of the continental shelf fisheries, dated 5 April 1948 . 45 Appendix Il. Map of lceland showing the 400 metres isobath, the existing 12-mile fishery limits and a 50-mi\e 1imit . 4B Appendix Ill. Statement by Mr. Ôlafur. J6hannesson, Prime Minister of Jceland, at the meeting of the Nordic Council on 19 February 1972 . 49 Appendix IV. Statement by Mr. Einar Âgllstsson, Minister for Foreign Affairs of lcetand, during the general debate in the General Assembly of the United Nations on 29 September 1971 . 51 Appendix V. Statement from Mr. Lllôvik J6sepsson, Minister of Fisheries of lceland, at the ministerial meeting of the North East Atlantic Fisheries Commission in Moscow on 15 December 1971 54 Appendix VI. Statements in the Preparatory Committee for the Law of the Sea Conference . 57 X FISHERIES JURISDICTION Page Annex /. Statement read by Minister for Foreign Affairs of Iceland on 24 February 1972 . 67 Annex J. Government of the United Kingdom's aide-mémoire of 14 March 1972 ........ 68 Request for the Indication of lnterim Measurcs of Protection submitted by the Government of the United Kingdom of Great Britain and Northern lreland . 71 Annexes to the Request for the Indication of lnterim Measures of Protection Annex A. Text of the Regulations issued by the Government of lceland on 14 July 1972 . 79 Annex BI. Map of fishing grounds in the Iceland area [ see Annex 20 to the Memorial on the Merits of the Dispute, p. 402] Annex 82. Map of United Kingdorn distant-water and middle-water fishing grounds in relation to ICES and ICNAF statistical regions [ see Annex 28 to the Memoria/ on the Merits of the Dispute, p. 412 J A1111ex C. Landings in the United Kingdom by United Kingdom vessels . 82 Annex D. Supplies of fish to the United Kingdom . 83 Annex E. Landings of demersal fish in the United Kingdom during 1971 by area of capture 84 Annex F. Relative importance of United Kingdom distant-water ports in 1971 . 85 Annex G. United Kingdom, IceJandic, and total catch of demersaJ species in the lcelandic Area . 86 Annex H. Note by lcelandic Ministry of Foreign Affairs to British Embassy, dated 14 July 1972 ....... ·. 87 Oral Arguments on Request for the Indication of lnterim l\feasures of Protection ÜPENING OF THE ÜRAL PROCEEDINGS . 92 STATEMENT BY MR. STEEL (UNITED KINGDOM) 94 ARGUMENT OF StR PETER RAWLINSON (UNITED KlNGDOM) 94 Opening remarks . 94 Reasons for Application . 94 Exchange of Notes of 11 March 1961 constituting agreement between United Kingdom and Jceland . 94 lcelandic policy statement of 14 July 1971 95 Attempts to reach a seulement by agreement . 95 United Kingdom proposai for catch-limitation scheme 95 Althing resolution of 15 February 1972. 96 Renewed proposai for interim agreement rejected by lceland. 96 United Kingdom proposai for "effort limitation" rejected by lceland. 96 United Kingdom proposai for partial seasonal closures rejected by lcelànd. .. 96 Proposais by lceland unacceptable to United Kingdom. 96 CONTENTS XI Page lcelandic Regulations of 14 July 1972 . 97 Request for interim measures filed when situation reached a deadlock 97 Principles and law which should guide the Court . 98 United Kingdom request comp\ies with conditions for indication of interim rneasures 98 Conditions which request for indication of interim rneasures must satisfy . 98 Urgency of need for interirn measures 98 Need to preserve rights of Parties , . 98 Court's decisions on previous requests for indication of interim measures of protection . 99 Capacity of Court to order interim measures . 102 lcelandic denial of Court's jurisdiction Jacks foundation !07 Effect of proposed Regulations if implernented 108 Economie resu\ts . 109 Effects on national diet. ·. 109 Proportion of United Kingdom catch outside 50-rni\e \imit 112 United Kingdorn catch in lcelandic area compared with total catch and with lcelandic catch . 113 First interirn measure requested by United Kingdom: no interfcrence with United Kingdorn vessels outside 12-mile lirnit. 113 United Kingdorn proposai ta limit aonual catch . 114 Control of fishing outside 12-rnile limit rnay be carried out by internationa) agreement under North-East Atlantic Fisheries Convention with recognition of Iceland's special needs t 17 Closing remarks . 118 READING OF THE ÛROERS • , . , • . • , • . 119 Memorial on Jurisdictîon submitted by the Government of the United Kingdom of Great Britain and Northern lreland Part A. Introduction. 123 Part 8. Meaning and intention of the Exchange of Notes of 1961. 126 1. The terms of the Exchange of Notes of 1961 . 126 2. The origins of the Exchange of Notes of 1961. 129 3. Submissions on the meaning and intention of the Exchange of Notes of 1961. 138 Part C.
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