The Court in its judgment first determined the subject-matter of the dispute, which had been characterized differently by the parties. To learn more, visit our Cookies page. - 8 May 1996. Judgment - Jurisdiction of the Court 1). Against the strongly worded opposition of five of its members - most notably Judge and former President Bedjaoui - the majority of the Court therefore found that it lacked jurisdiction to entertain the dispute. - 28 Sept 1995, Counter-Memorial of Canada In the Court's view, it is generally accepted in international law and the practice of states that, in order for a measure to be characterized as a "conservation and management measure," it is sufficient that its purpose is to conserve and manage living resources (in this case, Greenland halibut) and that, to this end, it satisfies various technical requirements. The Application also asked the Court to hold that the arrest by the Canadian Navy on the high seas, on March 9, 1995, of a Spanish flag fishing vessel involving the use of force constituted a violation of international law for which Canada must make reparation. Fisheries Jurisdiction (Spain v. Canada) - Questions of jurisdiction and/or admissibility. Fisheries Jurisdiction (Spain v. Canada) Cases Previous Next Overview of the case Institution of proceedings Questions of jurisdiction and/or admissibility Written proceedings Oral proceedings Other documents Orders Judgments Summaries of Judgments and Orders Press releases See other cases involving Spain Canada See other cases involving Questions of jurisdiction and/or admissibility … Ct. H.P.R. Spain had instituted proceedings following the arrest of the Spanish fishing vessel Estai by the Canadian Navy 245 nautical miles off New Foundland on the High Seas. The HTML version of these documents remains fully available to all. - 29 Feb 1996, Order of 8 May 1996 - Decision to not authorize filing of Reply and Rejoinder on question of jurisdiction Current Developments: Jurisprudence of the International Court of Justice (Case Note: Fisheries Jurisdiction (Spain v. Canada) Judgment of 4 December 1998) 13 Pages Posted: 3 Jun 2009 Last revised: 15 Jul 2013 Tams, Christian J., Current Developments: Jurisprudence of the International Court of Justice (Case Note: Fisheries Jurisdiction (Spain v. Canada) Judgment of 4 December 1998) (June 3, 2009). Fisheries Jurisdiction (Spain v. It also held that despite their alleged illegality under international law, the Canadian actions could be seen as enforcement of "conservation and management measures" within the meaning of the reservation. Verbatim record 1998/14 Public sitting held on Wednesday 17 June, at 10 a.m., at the Peace Palace, President Schwebel presiding Procedure(s): Questions of jurisdiction and/or admissibility We continuously identify new themes to add to the existing Wiki Notes as well as Contributors to author new Notes. This page was processed by aws-apollo5 in 0.142 seconds, Using the URL or DOI link below will ensure access to this page indefinitely. An application was filed before the I.C.J. This page was processed by aws-apollo5 in, http://www.gla.ac.uk/schools/law/staff/christiantams/. On December 4, 1998, the International Court of Justice (ICJ) ruled (12-5) that it lacks jurisdiction to adjudicate the dispute brought by the Kingdom of Spain against Canada in 1995. The Search Engine for International Law & Arbitration. By a majority of 12 votes to 5, the ICJ in this case declined jurisdiction in respect of a dispute brought before it by Spain in 1995. Kooijmans, para. 96 INTERNATIONAL COURT OF JUSTICE YEAR 1998 4 December 1998 FISHERIES JURISDICTION CASE (SPAIN v. CANADA) JURISDICTION OF THE COURT Subject of the dispute - Role of the Application with regard to the determi- nation of the questions on which the Court must adjudicate - Definition of the Suggested Citation, Stair Building5 - 8 The SquareGlasgow, Scotland G12 8QQUnited Kingdom, HOME PAGE: http://www.gla.ac.uk/schools/law/staff/christiantams/, Public International Law: Courts & Adjudication eJournal, Subscribe to this fee journal for more curated articles on this topic, Law, International Affairs & CSR eJournal, We use cookies to help provide and enhance our service and tailor content.By continuing, you agree to the use of cookies. The Court rejected Spain's argument that Canada's reservation should be interpreted in accordance with the legality under international law of the matters sought to be exempted from the Court's jurisdiction, which matters in Spain's view violated international law by involving the use of force on the high seas against a Spanish vessel. The Fisheries Jurisdiction Case (Spain v. Canada), Judgment on Jurisdiction of 4 December 1998. The Court, which is the principal judicial organ of the United Nations entrusted with settling legal disputes between sovereign states, consists of 15 judges elected to nine-year terms by the UN General Assembly and Security Council, together with two judges ad hoc appointed especially for the duration of this case by Spain and Canada. The Canadian Government stated that it had taken the said measures on basis of … Exclude grammatical variations of your search terms. All rights reserved. First, the Court found that the words "disputes arising out of or concerning" contained in Canada's reservation exclude not only disputes whose immediate "subject-matter" is the measures in question and their enforcement, but also those "concerning" such measures and those having their "origin" in those matters. Can. Fisheries Management Act 1998 No. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. YEAR 1998 4 December 1998 FISHERIES JURISDICTION CASE (SPAIN v. CANADA) JURISDICTION OF THE COURT Subject of the dispute - Role of the Application with regard to the determi- nation of the questions on which the Court must adjudicate - Definition of the dispute by the Court - Spec$c acts taken by Canada on the basis of certain - 4 Dec 1998, Dissenting Opinion of Judge Bedjaoui (translation), Dissenting Opinion of Judge Ranjeva (translation), Dissenting Opinion of Judge Torres-Bernárdez, Judge ad hoc (translation), Dissenting Opinion of Vice-President Weeramantry, Documents submitted to the Court after the Closure of the Written Proceedings This Wiki Note has not been submitted yet. Finally, as regards the meaning and scope of the phrase "and the enforcement of such measures," the Court found that the provisions of the Canadian legislation authorizing the use of force fall within the general category familiar in connection with enforcement of fisheries conservation measures. Iceland’s (D) claim to a 12-mile fisheries limit was recognized by the United Kingdom (P) in 1961 in return for Iceland’s (D) agreement that any dispute concerning Icelandic fisheries jurisdiction beyond the 12-mile limit be referred to the International Court of Justice. Ct. H.P.R. In its view, the essence of the dispute was whether Canada's coastal fisheries protection legislation and the actions against the Spanish vessel and crew resulting therefrom, violated Spain's rights under international law and required reparation. Treaties in Biological diversity. The full text of the decision may be found on the Internet at: Peter H.F. Bekker, Ph.D. McDermott, Will & Emery, New York, NY, BASIL (Blacks of the American Society of International Law), Women in International Law Mentoring Program, 2020 Presidential Election: What is at Stake, International Law and the Trump Administration: An Online Series, eResources - Insights and other E-Publications. - 28 Mar 1995, Application instituting proceedings The Court thus stressed that a reservation to a declaration should be interpreted in a manner compatible with the effect sought by the reserving state; reservations operate to define the parameters of a state's acceptance of the Court's compulsory jurisdiction. 2223 Massachusetts Ave., NW, Washington DC 20008 As the basis of the Court's jurisdiction, Spain relied on the declarations made by the two parties accepting the Court's compulsory jurisdiction under Article 36(2) of the ICJ Statute. 48 of 1998. Fisheries Jurisdiction Case (UK v. Iceland), Merits Judgment [1974] I.C.J. Taking the US's Temperature on Climate Change, Environment, Health, Science, and Technology, Human Rights and International Criminal Law, International Organizations and Governance, Law of Armed Conflict and International Security, Transnational Litigation, Arbitration, and Dispute Resolution, International Court of Justice Rejects Jurisdiction in Fisheries Jurisdiction Case brought by Spain against Canada. The Court noted that it had to determine whether the dispute had as its subject-matter the measures mentioned in the reservation or their enforcement, or both, or concerned those measures or arose out of them. Republic Act No. In the majority's view, boarding, inspection, arrest and minimum use of force are all contained within the concept of enforcement of conservation and management measures according to a natural and reasonable interpretation of this concept.