INTERNATIONCOURTOF JUSTICE
PLEADINGSORAI, AKG UMENTDOCUMENTS
FlSHERlES JURISDICTION CASES
VOLUME II
(FEDEKALREPUBLIOF GERMANY rt. ICELAND)
COUR INTERNATIONDE JUSTICE
MEMOIRES.PLAIDOIRIEET DOCUMENTS
AFFAIRES DE LA COMPÉTENCE
EN MATIÈRE DE PÊCHERIES
VOLUME 11
(RÉPUBLIQUFEDERALE D'ALLEMAGNEc, ISLANDE) APPLICATION INSTITUTING
PROCEEDINGS SUBMITTEDBY THE
GOVERNMENT OF THE FEDERAL
REPUBLIC OF GERMANY 3
1.1 have the honour to refer to Article 40 (1) of the Statute of the Inter-
national Court of Justice arid Article 32 (2) of the Rules of Court and, by
direction of the Minister for Foreign Affairs of the Federal Republic of Ger-
many, to submit an Application instituting proceedings in the name of the
Federal Repiiblic of Germany agiiinst the Republic of Iceland in the case set
forth below. In doing so, 1 rely on the jurisdiction vested in the Court by
Article 36(1)of the Statute, by an Exchange of Notes between the Government
of the Federal Republic of Germany and the Government of Iceland dated
19 July 1961 (which provides for reference to the Court of any dispute in
relation to the extension of fisheries jurisdiction round Iceland) and by the
declaration made by the Federal Republic of Germany in connection with the
Exchanee of Notes mentioned above on 29 October 1971and transmitted to
the Rcgistrar of the lnternationsl Court of Justice on 22 Novcmkr 1971.Ry
that Jeclararion. the Federal Republic of Gcrmany. ncit king a Party to the
Statute of the International Court of Justice, accepted in accordance with
Article 35 (2) of the.Statute of the International Court of Justice and with
paragraph 3 of the resolution of the Security Council of the United Nations
dated 15October 1946(whichlavs down the conditions under which the Inter-
nstional Court of~ustic~sha11bei~psnforSt3tes not p~rtie.;to the Statuic of the
Court) the Jurisdiction of the International Court of Justice in respect of a11
disputes which may anse beriieen the Fedcral Rcpublic of Germany and the
Republic of Iceland relative Io an extension of the sovcreignty of Iceland in
the domain of fijheries. In pursuancc of Article 36 of the Kulcs of Court, the
texi of the decl~ratiun of 29 Oclober 1971 is annexcd to this applic;ition as
Annex A -
2. The waters around Iceland have been and still are traditional and im-
Dortant fishing grounds for German fishermen. The Convention of 24 June
i~0~. betweenthe Kinedom of Denmark which at that time was re~~onsible
for the conduct of the ~ternatioiiiil relations ofIceland. and the L'nitédKing-
dom of Great Rritain and Ireland, regulating the fiiheries in the \r,aters sur-
rounding the Faroe I\lands and Iceland, isevidcnce of the fact thst the exclusi\,c
right of fishery enjoyed by the fisherinen of lieland a1that time and ihereafter,
uas limited to a distance of thrce nautical iriiler from low ivatcr mark. This
was in harmonv with the rbgime under the North Sea Fisheries Convention of
6 May 1882, th which the i<ingdom.of Denmark had also been a Party and
which had declared that the fishermen of each participating country should
enjoy the exclusive right of fishery within the distance of three nautical miles
from low water mark. On 5 April 1948,the Althing, that is to Say, the Parlia-
ment of Iceland, enacted a law entitled "A Law concerning the ScientificCon-
servation of the Continental Shelf Fisheries". Under this law. the Ministrv
of Erherics of the Government id lceland was auihorized ti)issue "regulatio~s
establishing explicitly bounded consc~ation zones uithin the liniits of the
continental shelfof Iceland: aherein al1fisherier shïllbe stib~ccttu fcelandic
rules and control". (In an a&ompanying cornmentary-see p.-26of the second
enclosurei to Annex H to this Application-the Government of Iceland said:
"The continental shelf of Iceland is very clearly distinguishable, and it is
therefore natural to take it as a basis" and subsequently: "At present, theliniit of the contincnial shelf may be considercd as bcing c5tahlished precisely
at a depih of 100fûthoms. Ii will, houcver, hc neccsqaryto carry out the most
carcfiil invcstiaations in order to csiahlish uhether thisliniiishould be detcr-
mined at a diferent depth.")
3. By regulations issued on 19 March 1952, and coming in10 effect on 15
Mav 1952.theGovemment of Iceland extended the Icelandic Fisherieslimits to
fou; mile; measured from straighi haselincs. In 1958,the firsi United Nattons
Conference on the Law of the Se3.had unsucccssfully tried to reach agreement
on the maximum breadth of the territorial sea or on fisheries limits. After the
conclusion of the Conference, the Govemment of lceland declared that they
regarded themselves ashaving complete freedom of action both as regards the
extent of their fisheries limits and as -enards the drawin- of the relevant hase-
lines.
4. On 1 June 1958, the Government of Iceland announced ils intention to
extend Iceland's fisherieslimits to a distance of 12 miles from the baselines
round thecoasi ofIceland. Iris \'erbnl Notcdeliicred io the lcclandic Minisiry
for Foreign AiTdirson 16Junc 1958,the Ciovernnient of the Fcderd Kepublic
ofGcrniany decl~rcd ilidithe righis Io fi5hofdihcr Siaies in the rccpectivczones
of ihe highseas uould not beaffecied bythe measurcsannounced bythe Govcrn-
mcni of lccland and ivhich wcre in coniradiction wtth established rules of
iniemaiional law. On 30 Junc 1958. Decrce No. 70 extcnding the lcelandic
fisheries limits to 12 miles, which became effective on 1 ~eptember 1958,was
issued. In a Verbal Note dated 16July 1958,the Government of the Federal
Republic of Gerrnany protested against the unilateral steps the Icelandic
Govemment had taken and expressed the urgent hope that the Govemment
of Iceland would be ready to enter in10negotiations with al1interested nations
in order to negotiate an agreement which would takc into account the prin-
ciples of international law as well as the historic inierests of al1 nations
concerned.
5. In the following months, unsuccessful attempts were made ro settle the
disoute bv.nee-tiations on a multilateral basis. On 5 Mav 1959.followine i-ci-
dents involving, on the onehand, lcelandiccoastguard vesselsand, on the other
hand, British fishing vessels and fishery protection vessels of the Royal Navy
of the United Kingdom. theAlthine oGsed a resolution orotestinn anainst wh2
it regarded as violations of 1celar;d'icfisheries limits by ~ritish vëssels. The
resolution included the following passage:
" .. .the Althing declares that it considers that lceland has an undispu-
table right to a twelve-mile fishery limit, that a recognition of its rights to
the whole continental shelf should he soïght, as provided in the Law con-
cerning the Scientific Conservation of the Continental Shelf Fisheries of
1948, and that a smaller fishing limit than twelve miles from baselines
around the country is out of the question".
6. In 1960 the second United Nations Conference on the Law of the Sea
washeld in Geneva. Its ohiect was to make a further attemnt to reach anee-
ment on the maximum breihth of the territorial sca and fislieries Iiiniis. oncc
ûgain, ihis aticmpt was not successful and the Confercnce terminated without
any agreement bsing reached. Nevertheless, as a result of the discussions and
negotiations at this Conference and al the preceding Conference, a conside-
rable body of opinion emerged in support of the proposition that a coastal
Stateshould,sohject to certain conditions, be able to claim an exclusivefisheries
zone of not more than 12miles. This subsequently became the basis of a num-6 FtSHERlES JURISOICTION
The agreement expressly provided that it should be registered with the Secre-
taty-General of the United Nations in accordance with Article 102 of the
United Nations Charter. It was so registered by the Govemment of Iceland on
27 September 1961.
10. With the conclusion of the Excbange of Notes of 1961, and on the
basis of the rights and obligations which the parties to it hereby acquired
and accepted in relation to each other, the iïsheries dispute between the two
countries as it then existed, was settled on terms which have since ben acted
upon by both countries. On 14July 1971.however, followinp.a aeneral election
in icclind and the formation of a new~uvernment, a poÏicistatement was
issued by the Government of Iceland which included the follo~ing pdssïge:
"TerritorialWaters
The Fisheries Agreements with the United Kingdom and the Federal
Republic of Gennany shall be terminated and a resolution be made about
an extension of the fisherylimit up to 50nautical miles from the baselines,
effective not later than 1 September 1972. At the same time a zone of
iurisdiction of 100 nautical miles shall be enacted for orotection aeainst
pollution. The Government will in this matter consult t8e ~~positio; and
give it an opportunity ta follow its entire development."
(The rest of the o.lic. statement is not relevant to the auestion of fisheries
jurisdiction. The above passage is takeo from an unofficiaf~nglish translation
supplied by the Ministry of Foreign Affairs of the Govemment of Iceland.)
11. This policy statement naturally caused considerable concern to the
Government of the Federal Republic of Germany because of the proposed
extension of fisheries limits and of the "termination" of the agreement con-
stituted by the Exchange of Notes in 1961. However, in view of talks king
arranged between the Government of the Federal Republic of Germany and
the Government of Iceland which were to be held in Bonn in August 1971,
the Government of the Federal Republic of Germany refrained from taking
immediate formal steps with respect to the policy statement.
12. The talks took place in Bonn on 20 August 1971. In these talks, the
representatives of the Federal Republic of Germany expressed their view that
the Icelandic fisheries zone could not be extended unilaterally and that the
Exchange of Notes of 1961was not open ta unilateral denunciation or termi-
nation and that the Government of the Federal Reoublic of Germanv would
ha\.c to reserve thcir right, ihereunder. No coniiliït;on oi the respecli;e vieu,~
u,as achieved in the talks and, on 31Augusi 1971,an aide-ménioireu,ÿshanded
to the Amh~ssador of the Fcderdl Renublic of tiermsnv in Kcvkiavik bv the
Secretary-General of the Ministry foi Foreign Affairs of the GovernmCnt of
Iceland. After refemng to some of the relevant provisions of the Exchange of
Notes of 1961 and in particular to the provision therein for the reference of
disputes ta the International Court of Justice, and after asserting that "the
object and purpose of (that provision) have been fully achieved", the aide-
mémoirewent on to shy that. in view of certain alleaed considerations which
it described, "the GoveÏnment of Iceland now finds itëssential to extend further
the zone of exclusive fisheriesjurisdiction around its Coast to include the area
of sea covering the continental shelf. It is contemplated that the new limits.
the orecise boundaries of which will be furnished at'a later date. will e~-er ~nto
force no1 later than 1 September 1972." The aide-mémoireconcluded by in-
dicating that the Government of Iceland were prepared to hold further meet- APPLICATION 7
ings between representatives of the two Governments "for the purpose of
achieving a practical solution of the problems involved". A copy of the full
text of the aide-mémoire of 31 August 1971is annexed to this Application as
.....-..- .
13. On 27 September 1971, the Amba&ador of the Federal Republic of
Germany in Reskiavik delivered to the Secretary-General of the Ministry for
~orei~n~ffairsofthe Government of lceland an aide-mimoire in reply to the
latter's aide-mémoire of 31 August 1971. In this aide-memoire, the Govern-
ment of the Federal Republic of Germany, expressing its deep concern about
the notification, by the Government of Iceland, of its intention to extend the
Icelandic fishery zone, reaffirmed its view already known to the Icelandic
Government, that the unilateral assumption of sovereign power by a coastal
State over zones of the high seas is inadmissible under international law and
that thc Federal Republic of Germany would have to reserve al1rights in the
event of such a measure. The aide-mémoirewent on to say that the Exchange
of Notes of 1961,having no time-limit nor containing a denunciation clause,
could not be unilaterally denounced by either party. It was emphasized that
îhe provision in its paragaph 5 concerning judicial settlement of any dispute
was made precisely for a situation such as would arise in the event of a unila-
teral extension of the lcelandic fishery zone beyond 12 nautical miles. The
Government of the Federal Republic of Germany therefore resewed al1rights
deri~ineu~~~m ~he Exchanee of Notes of 19 Julv 1961.es~eci.ll. the rieht to-
refer disputes to the Internationïl Court oflusiice. The aide-mémoireu,ent on
to note the ~ri)posalof the Ciù\,ernment of lceland that there should be further
discussionsand indicated that, without prejudice to ifs legal position as out-
lined above, the Federal Government was prepared to enter into further dis-
cussions. The full text of the aide-mimoire of 27 September 1971 is annexed
to this Application as Annex E.
14. Further exploratory discussions took place at official level in Bonn on
8 and 9 November 1971and in Reykjavik on 1 February 1972.In these discus-
sions the Icelandic delegation reiterated that lceland was entitled to, and in-
tended to, extend its exclusive fisheries limits with effect from a date not later
than 1 September 1972. The delegation of the Federal Republic of Germany,
after having reaffirmed the Federal Government's legal position, expressed
their understanding for the concern of the Government of Iceland about the
possibility of injury to fish stocks in the area in question if fishing remained
unreeulated and therefore oronosed nractical measures to meet the Icelandic
concem. In their proposa1 ihe delegaiionof the Federal Republic if Germani
expressed the conviction that, taking into account the swcial situation of
IŒland as far as fisheriesare concerned. it should be oossible. within the frame-
work of the North-East Atlantic ~isheries ~ommission, to corne to an arrange-
ment where al1 nations engaged in fisheries around lceland would be ready
to deliberately limit their catches. [Such an arrangement could be agreed upon
as soon as a proposal, unanimoiisly adopted by the Commission in May 1970,
in accordance with Article 7 (2) of the Convention and which provided for
addina 10 the list of measures listed in Article 7 (1) measures for reeulatine
..
the anyount of total catch and the amount of fishin'g'effortin any period, had
come into eiTect.The propo~al has since ken accepted by al1except four of
the Contrilcting Siates and itis understood by the Governnient of the Federal
Kepubl~cof Germany thdt these four States expect to accept il, in accordance
with iheir respecti\,econstitutional procedures. in the near futun..] Pcnding the
elaboraiion 01 a multildteral arrangement within the Nurih-Est Atlantic
Fisheries Commission, the total catch of demersal species by vessels of the8 FISHERIES JURISDICTION
Federal Republic of Germany would be limited to the average taken by such
vessels during the years 1960 to 1969. (A copy of the North-East Atlantic
Fisheries Convention of 24 January 1959, which establishes the North-East
Atlantic Fisheries Commission, is annexed to this Application as Annex F.)
The lcelandic delegation offered to consider practical arrangements whereby
the lcelandic fisheries limits would be extended to 50 miles, but fishing vessels
of the Federal Republic of Germany might be perrnitted, subject to certain
conditions, to continue to fish in parts of the area up to a certain amount of
tons for a limited nhasine-ou- -~~io.. ~ ~ ~ ~
15. In view of thédifferent approaches of the two delegations, as described
in the ~receding varagravh. to the av~rop..ate~basis for a "practical solution
of the~problem~;nvaÏve;l"; these discussions did not lead to an agreement.
Meanwhile, the Althing had before it a draft of a further Resolution on this
matter and. on 15 February 1972, it adopted an amended form of that draft.
This ~esol~lioit, ;i> sa adosed, re;terairdihar "the contincnisl sheliof Iceland
and the supcrydccni \\arcrs arc iiiihin the jurisdiction of Icelînd" and rcsolved
!ha1 "the fishcrv Iimiis uill k cxtcnded tu 50 miles lrom hdsclincs round the
country, to bec&neeffective not later that ISeptember 1972". that "theGovern-
ments of the United Kingdom and the Federal Republic of Germany be again
inforrned that becauseof the vital interests of the naiion and owing to changed
-~rc~m~ ~ ~ ~ ~~~ N~t~s con~e~~ ~ ~ ~she-v l-mits exchaneed in 196- are no
longer applicable and that their provisions.do nof constitute an obligation for
Iceland" and that "efforts to reach a solution of the problems connected with
the extension be continued throueh discussions with~the Governments of the
~nited&gdom&d the ~ederaï~epuhlic of Germany". The full text of an
Enelish translation of the Resolution isannexedto this Application asAnnex G.
16. Following this Resolution, on 24 February 1972, the Minister for
Foreign Affairs of the Government of lceland delivered an aide-mémoire to
the Ambassador of the Federal Republic of Germany in Reykjavik. The aide-
memoire contains a reference Io a statement made by the fcelandic Minister
for Foreign Affairs in the General Assenibly of the United Nations on 29
September 1971 (first enclosure to the aide-mémoire), and a reference to a
memorandum entitled "Fisheries Jurisdiction in Iceland" and dated Feb-
roary 1972 (second enclosure to the aide-mémoire) (A copy of the full text
of the aide-mémoire together with the second enclosure' thereto, is annexed
to this Application as Annex H. The first enclosure is not annexed since it is
reproduced, so far as it is relevant to the question of fisheries jurisdiction, on
. . 31 to 33 of the second enclosure2.) The aide-mémoire stated that, for
the rcîsons indtcaied in their eïrlicr cummunirations on lhs m~tlcr, Ihc
Govcrnmcnt of IcelanJ "consden thc provisions of the Notes exchxnged (in
1961)no Iongcr to be xpplicnblc ;ind consequently terminated" and announced
that "the Government of Iceland has accordingly decided ro issue new regu-
lations providing for fishery limits of 50 nautical miles from the present base-
lines, to become effective on 1 September 1972, as set forth in the Resolution
of the Althing unanimously ado~ted on 15February 1972". It will beseenfrom
the pcnuliiin~tc paragraph on page 8 of the 5econd encli>iurc~ lo Annex H
thnt thc figure of 50 iiniitiidl niilcc ivhich uas relcrrcd IO in the aide-mcmoire
and in the Kcsoliiiion adontcd hy tlic Alihing on 15 Fchru~ry 1972, ;ind which
wasalso the figure referredto in the policy stsement of 14 luly 1971 (see para.
1 1,pp. 27-66.
Uhiill., pp.51-53
1 /bill.p. 28. APPLICATION 9
10 above), was represented as corresponding generally to the outer limit of the
Icelandic continental shelf. This outer limit, however, was taken as itself
coinciding with the 400 metres isobath, as contrasted with the 100 fathoms
isobath referred 10 in the commcntary accompanying the Law of 1948 (see
para. 2 above). No explanation is given of this choice of the 400 metrcs isobath
for defining the extent of the contitiental shelf. It will also be seen from the
map' on page 28 of the same docunient that even if the 400 metres isobath is
taken as the appropriate index, that isobath lies al distancesfrom the coast of
Icelandwhich range between about 70 nautical miles and lessthan 12 nautical
miles: in general, the distance is somewhat lcss than 50 nautical miles. In the
fornial statement that the Minister for Foreign Affairs of the Government of
Icelînd had read to the Amhnss:idor of the Fe>cral Kepuolic of Gemany when
he dclii,ercd the aide-menioire of 24 Februar). 1972. itiirtssiJreJ that ttie alde-
mémoire recapitulates the views of the lcelandic Government concerning the
extensionof the fishery limits and the question of the applicability of the 1961
Exchange of Notes and would be interpreted, as far as the Government of
lceland was concerned, "should the occasion arise as implying al1arguments
relative to the rules of international Iliw in this field including al1 aspects of
the termination of agreements in the light of the aide-mémoire of 31 August
1971,as well as the prescnt aide-niémoire". 11went on to Saythat the efféctive
date of the new regulations Io be issuedon the basisof the 1948law concerning
the scientific conservation of the continental shelf fisheries, will be I September
1972. The full tex1 of the statement of 24 February 1972 is annexed to this
Application as Annex 1.
17. As results from the aide-mémoire of 24 February 1972, logether with
the statement of the same day, thc Govemment of lceland regards ils decision
to extend the exclusive fisheries zone of Iceland to 50 nautical miles with
effect from 1 September 1972, as being definitive. Under these circumstances,
the Government of the Federal Republic of Germany concluded that il had
no course ooen but to refer the disoute to the InternationalCourt of Justice
35 pr~~ided?or by the Exchange of hlt>icsoi 1961.In the pre\i<iiis cupli)raiory
talk.; wiih the Icelandic Gi)vcrnincni. the Go\.crnnient of ihc Fcdcrsl I<cpublic
of Germliny hîd made itclcar that if lieland should deliniiely dcçidIO cxicnd
its fiiheries Iimiti to 50 nauticîl milcs, thc Fcderal Republic of Gcrmany would
prohnbly have no choicc but 10 h3ve rccourse to that nieîns of pesccfully
settling disputes that was provided for expressly in the Exchangeof Notes.
On 4 March 1972, the Ambassador of the Federal Republic of Germany
informed the Prime Minister of lceland of the decision of the Government of
the Federal Republic of Germany to bring the question before the International
Court of Justice. On 14 March 1972 an aide-m6moire from the Government
of the Federal Republic of Germany was delivered Io the Minister for
Foreign Affairs of the Govemment of lceland by the Ambassador of the
Federal Republic of Germany in Reykjavik. The aide-mémoire formally
restated the legal position of the Federal Republic of Germany in reply to the
Government of Iceland's aide-mémoire of 24 February 1972, that is that "a
unilateral extension of the fisherv zone of Iceland is incomoatible with the
general rules of internationïl 13~:' and 'ïhai the Exchdnge of Notes of 1961
continucs ICIbe in force and cannot be denounced anilaier~lly". and gave
formal notice of the intention of the Federal Kcoublic of Gcmdnv IO invoke
the ;igreed procedurc for obtaining the adjudication of ihe Internaiionîl Court
of Justice ihcrcon In vtew of the dcfiniti\e decision on and the imminence ofthe action announced by the Govemment of Iceland, the aide-mbmoirc further
stated that the Govemment of the Federal Repuhlic of Germany, for the
reasons explained in deiail tothe Icelandic Govemment durina the ex~loratorv
talks and in exercise of the rightlaid down in paragraph 5ofihe ExChangeof
Notes of 1961,would submit the dispute to the International Court of Justice.
The Government of the Federal Republic of Germany expressed its firm hope
that "by this means of peacefully settling disputes which is provided for under
the United Nations Charter and is consistent with good relations between
friendly States, this legal dispute between the Iwo countries will be settled". It
finally pointed out that "the Govemment of the Federal Republic of Germany
is willing ta continue discussions with the Government of Iceland in order
to agree upon satisfactory practical arrangements at least for the period while
the case is before the International Court of Justice". A copy of the full text
of the aide-memoire of 14 March 1972, is annexed to this Application as
Annex J.
18. in the circumstances which are described in the Drecedineoaraera~hsof
thistîpplicationand whichthe Govemment of 1he~ederal~e~ufiiC ofGeimany
will explain more in detail in the subscquent pleadings, a disputeexists between
theGovemment of Icelandand ihe Govemment of the Federal Re~ublicofGer-
many. In relianceonlheju~sdicti ionheeoutredbythe ~xchiin~eof~otes
of 1961betueen the Govemment of the Federal Republic of Gerinany and the
Government of lceland and by the declaration of the Fedcriil Re~ublicof Ger-
manv dated 29 October 1971:bv which the Federal Reoublic~=f~~r~a~ ~ac-
cepiid, inaccordancewithp~r~g;aph3of the Resolution of the Security ~o;ncil
of theUniiedNationsdated 15October 1946thejurisdictionof the Interiiational
Court of Justice in resoect of al1disDuteswhich~mavarise between ~ ~ ~~ ~ral
Republic of ~ermany'and the ~e~iblic of lceland-relative to an extension of
the sovereignty of Iceland in the domain of fisheries, the Government of
the ~ederal ~e~ublic of Germany hereby submit that dispute to the inter-
national Court of Justice.
19. The subject of the dispute is the compatibility or othenvise with in-
ternational law of the measures decided upon by the Govemment of Iceland,
that is to say the unilateral extension of the exclusive fisheriesjurisdiction of
Iceland to 50 nautical miles from the present barelines, to become effective
from 1Seotember 1972.The Federal Reoublic of Germanv contends that under
internatioial law lceland cannot uniiaterally extend 6s exclusive fisheries
jurisdiction over zones belonging to the high seas and that therefore such an
extension could not be opposed to the Federal Republic of Germany.The
Federal Republic of Germany contends in pa~ticular that there is no rule in
international law that gives Iceland exclusive fisheries jurisdiction over the
waters covering the continental shelf. The Government of the Federal Republic
of Germany therefore considersthat Iceland is not entitled, under international
law, unilaterally ta exclude fishing vessels of other countries and especially
those of the Federal Republic of Germany, from the aforesaid area between
12 and 50 nautical miles with effect from 1 September 1972,or from any olher
date.
20. The Federal Re~ublic of Germanv is further of the ooinion that. if
lcelakd, as a coastal ~iate specialiy dependent on coastal fishehes for its lhe-
lihood or economic development, asserls a need to procure the establishment
of a special fisheriesconservation rkgime(including such a regime under which
it enjoys preferen!ial rights) in the waters adjacent to ils Coastbut beyond the
exclusive fisheries zone provided for by the Exchange of Notes of 1961, it
can legitimately pursue that objective by collaboration and agreement with APPLICATION 11
the other countries concerned as contemplated by the Resolution on Special
Situations relating to Coastal Fisheries of 26 April 1958, but not by unilateral
assumption of exclusive rights within those waters; such collaboration might
be either on a bilateral or a multilateral bais and might include collaboration
and agreement achieved through the machinery of such bodies as the North-
East Atlantic Fisheries Commission. (The full text of the Resolution on Special
Situations relating to Coastal Fisheries of 26 April 1958 is annexed to this
Application as Annex K.) The Federal Republic of Germany has at al1rimes
stood ready and continues to stand ready, to collaborate with Iceland ro that
end and to negotiate such an agreement with Iceland (either bilaterally or
multilaterally as aforesaid) in good faith and with due regard to the rights and
interests of al1concerned.
(a) rhar ihe unilarerül exrcnsiun by lceland of its zone uf exclusive fisherics
jurisdictionIO 50 nautical miles from ihc preseni bi~$elincs,tu be ciïeciive
from I Septembcr 1972,which has becn decided upon hy the Parlianient
(Althing) and the Govïrrimenr offceland and communicaicd by ihc Minis-
ter for Foreign Amairs of Iceland 10 the Federal Rcpublic of Germany
bv aide-mémuirekanded Io iis Ambssador in Reykjüvik on 24 February
1972, would have no basis in international law and could therefore not
be opposed to the Federal Republic of Germany and to its fishingvessels;
(b, ihat ifIcelïnd, as a CO.LFI~~Statc specially dependcnr un coastal fisheries.
cstablishes;ineed fur speci.~lfisheriesconservariori nieasures in rhe uutcn
adjacent to its coast but bevond the exclusive fisheries zone ~rovided for
by the Exchange of ~otes-of 1961, such conservation measures, as far
as they would aiïect fisheries of the Federal Republic of Germany, may
not be taken, under international law. on the basis ofa unilateral extension
by Iceland of ils fisheriesjurisdiction, but only on the basis of an agree-
ment between the Federal Republic of Germany and Iceland concluded
either bilaterally or withinü multilateral framework.
(Signed) Günther JAENICKE,
Agent for the Government
of the Federal Republic of Germany. ANNEXES TO THE APPLICATION
Annex A
DECLARATIO OF THE FEIJEMAR LEPUBLIC OFGERMANY OF
29 OCTOBEI1~971
DER STAATSSEKRETAR
DES
AUSWARTIGEN AMTS
Bonn, 29 October 1971.
[Translation]
On behalf of the Federal Republic of Germany and with reference to the
resolution adopted by the Security Council on 15 October 1946, 1 have the
honour to make the following declaration:
In respect of al1 disputes which may arise between il and the Republic of
Iceland relative to an extension of the sovereignty of Iceland in the domain of
fisheries, the Federal Republic of Germany, in accordance with point 5 of the
Germano-lcelandic exchange of Notes of 19 July 1961 (Treaty Series, Vol.
409, 1961, p. 47, No. 5877, registered by Iceland on 27 September 1961).
recognizes ipso facto and without special agreement the jurisdiction of the
International Court of Justice.
It is in accordance with the Charter of the United Nations and with the
ternüsndsubjcct to the condilions of ihe Statule and Kules of the thdtt
the jurisdiction of ihe Court ishereby recogni;red.
The Fcdersl Renublicof Germanv undertiikcs to somolv in eood fiilth with
the decisions of the Court and to ackpt al1the obligatio~~of a~ember of the
United Nations under Article 94 of the Charter.
(Signed) FRANK.
Annex B
EXCHANC EF NOTES OF 1961 BETWEEN [CELAND AN0
THE UNITEDKINCOOM
[See AIIII~~ to the Uniteking don^Application, 1, Il] Annex C
Minisfry of Foreign Affairs
Reykjavik, 19July 1961.
1 have the honour to refer to the discussions which recentlv look nlace at
Bonn. In new of these discussioii,. ihc Governnieiit of the &publiC of Ice-
land is prepdrcd to conclude the f<illowingarrangement with thc Govcrnment
of the ~ederal Republic of Germany:
1. The Govemment of the Federal Republic of Germany shall not object in
future to a twelve-milefisheryzone around Iceland, measured from the base
lines specified in paragraph (2) below which relate solelyto the delimitation
of that zone.
2. The baselines whichshall be usedfor the purpose referred to in paragraph (1)
shall be those set out in Icelandic Regulations No. 70 of 30 June 1958,as
modified by the use of the baso lines drawn between the following points:
A. Point 1 (Horn) to Point 5 (Asbhdarrif).
B. Point 12(Langanes) to Point 16 (Glettinganes).
C. Point 51 (Geirfugladrangur) to Point 42 (Skhlasnagi).
D. Point 35 (Geirfuglasker) to Point 39 (Eldeyajrdrangur).
These modifications shall enter into force immediately.
3. Until 10March 1964the Republic of Iceland shall not object to fishing by
vessels registered in the Federal Republic of Germany within the outer six
miles of the fishery zone referred to in paragraphs (1)and (2) within the
following areas during the periods specified:
(a) Horn (Point 1)-langanes (Point 12) (June ta September).
(b) Langanes (Point 12)-Glettinganes (Point 16)(May to December).
(c) Glettinganes (Point 16)-Setusker (Point 20) (January ta April and
July to August).
Id) Setusker (Point 20)-Medallandssandur 1 (Point 30) (March to Julvl...
iej ~ed~llandssandur'l(~o~~t 30)-20' Wehtlongitud~ (~~ril to ,\ugust),
f 20' West longitude-Geirfusladrsngur (Point 51) (Mlrch io May). .
(g/ Geirfuglailrangur (Point SI)-Bjargiïn~~r (Point 43)(hlarcli tu May).
4. Until the date referred ta in paragaph (3) there shall, however, be no
fishing by vesselsregistered in the Federal Republic of Germany within the
outer six miles of the fishery zone referred to in paragraphs (1) and (2) in
the following areas:
(a)Between 63" 37' north latitude and 64" 13'north latitude (Faxafloi).
(b) Between64'40' north latitude and 64" 52'north latitude (Snaefellsnes).
(c) Between 65' north latitude and 65" 20' north latitude (Breidaflordur).
Id) Between Bjargtangar (Point 43) and Horn (Point 1).14 FISHERII~ JURISOICTION
(e) Oiïthe mainland in the area delimited by lines drawn from the southern-
most point of Grimwy IO base points 6 and 8.
f Between 14' 58' west longitude and 15' 32'Westlongitude (Myrabugt).
(6, Hetu,een16"12'-,est longitude and 16'46'u,est longitude (Ingolfshofdi).
5. The Government of the Reoublic of lceland shall continue to work for the
implementation of the ~lthin~ Resolution of 5 May 1959 regarding the
extension of the fishery jurisdiclion of Iceland. However, it shall give the
G-~er~ment of the ~ederal Republic of Germanv six months' notice of
any such extension; in case of a dispute relating to such an extension, the
matter shdl, at the request of either parly, be referred to the International
. .~ ~ ~ ~ustice,
6. This agreement shall also apply IOthe Londof Berlin unless the Govcrnment
of the Federnl Rcpublir:of Ccrmany notifiesthe Government of the Republic
~ ~Iceland to the contram within th months after the entrv into force of
this agreement.
7. The Government of the Republic of lceland shall register this arrangement
with the Secretary-General of the United Nations in accordance with Article
102 of the Charter of the United Nations.
If the Government of the Federal Republic of Germany expresses ils agree-
ment to the ahove proposds, 1have the honour to suggest that this note and
your reply should constitute an agreement between our two Governments and
should enter into force immediately.
(Signed) Gudm. 1GUDMUNDSSON
TheAnrbassador of the FederalRepublic of Germany
Reykjavik
Reykjavik, 19 luly 1961
1 have the honour to acknowledge receipt of your note of 19 July 1961,
which, in the German language, reads as follows:
[See Note Il
1have the honour to infonn vou that the Government of the Federal Re~ublic
of Germany, mindful of the exceptional importance of coastal fisheries io the
Icelandic economy, agrees to the arrangement set forth in your note, and that
vour note and this reolv. .ereto constitute an aeree-eni between Our two
Governments, which shall enter into force immediately, subject to the stipula-
tion by the Government of the Federal Republic of Germany that this agree-
ment is without o. .udice to its ria-ts under international law towards third
States.
(Signed) Hans R. HIRSCHFELD. APPLICATION
With reference to discussions in Bonn on 20 August 1971 between MI.
Einar Agustsson, Minister for Foreign Affairs, and Staatssekretb Sigismund
von Braun, the Govemment of lceland wishes to communicate the following:
On 19 July 1961, the Governments of Iceland and the Federal Republic of
Gemany exchanged notes conceming the fisheries jurisdiction of lceland in
view of the extension of Iceland's fishery limits effected in 1958. In that ex-
change of notes it was stated:
Die Regierung der Republik Island wird auch künftig auf die Dwch-
führung der EntschlieDung des Althings vom 5. Mai 1959 betreffend
Enveiterune der Fischereihoheit Islands hinarbeiten. Sie wird aber der
Regierung -der Bundesrepublik Deutschland eine derartige Erweitening
sechs Monate im voraus mitteilen, im Falle eines Streites im Zusammen-
hang mit einer derartigen Etweitening wird die Angelegenheit auf Antrag
einer der beiden Parteien dem Internationalen Gerichtshof vorgelegt
werden.
In the ooinion of the IcelandicGovemment. which is continuinn to work for
the implerncntation of the Althing ~esolution in the light of incÏeased know-
ledgeand other developments that have occurred since that Exchange of Notes.
the-obiect and ouroose of the orovision for recourse to iudicial settlement of
~ertai~~tters~nv~sü~îd in the'pû~sü~equotcd above have bcen fullyachieved.
Irithe period of tcn ).cm which hits elapsed, the Government of the Federal
Republic enjoyed the bcnefit of the lcelandic Covernmcnt's policy to the effcct
that furthcr extension of the Iiniits of exclusive fisheriesjurisdtction uould be
olaced in abeyance for a reasonablç and equitsble period. Continuation of that
zolic- bv the lcelandic Government. in the lieht of intervening scientific and
economic evolution (including the ever greate;threat of increased diversion of
highly developed fishing efiort to the Icelandic area) has become excessively
onerous and unacceptable, and is harmful to the maintenance of theresources
of the sea on which the livelihood of the lcelandic people depends.
In order to strengthen the measures of protection essential to safeguard the
vital interests of the Icelandic people in the seas simounding its coasts, the
Govemment of Iceland now finds it essential to extend further the zone of
exclusive fisheries jwisdiction around its coasts to include the areas of sea
covering the continental shelf. It is contemplated that the new limits, the precise
boundaries of which will & furnished at a later date, will enter into force
not later than 1 September 1972.
Havinz regard tothe foreeoinn the Govemment of Iceland is oreoared. on
the basis of-the discussions-whirdi have already taken place in B&, ihat
representatives of the Governments of the Federal Republic and Jceland should
meet for the purpose of achieving a practical solutionof the problems'involved. In renlv to the aide-mkmoire from the Icelandic Ministrv of Foreim AlTairs.
dated fl~u~ust 1971, which was handed over to the ~ërman d'~f-
faires in Reykjavik on 31 August, the Federal Foreign Officewishes to com-
municate tothe Icelandic Government the following comme-t of the Govern-
ment of the Federal Republic of Germany.
1. In the talks on 20 Angust 1971,between the Icelandic Minister for Foreign
Mairs, Mr. Einar Agustsson, of one part, and the State Secretary in the
Federal Foreign OEce, Freiherr von Braun and the State Secretary in the
Federal Ministrv of Food. Amiculture and Forestrv. Mr. Griesau. of the
other, the Geian pany ex6essed the Federal public's deep concern
ovcr the notification by the lcelandic Government of ils intention to extend
the Icelandic fisherv zone. In view of the lcelandic Govcrnment's declared
intention "10 exlend further the zone of exclusive fishenes to include the
areas of sea covenng the Continental Shelf", the Federal Government
reaffimis its view, which is known to the Icelandic Goveniment, that the
unilateral assumption of sovereign power by a coastal State over zones of
the high seas is inadmissible under international law. The Federal Republic
of GeÏmanv would have to reserve al1riahts in the event of such a measure.
2. nie ~ederal Governmenl cannot sharëihe opinion expressed in the Ice-
landic aide-memoire that, as regards the German-lceldndic Exchange of
Notes of 19July 1961,"the objeci and purpose of the provision for recoune
.tojudicial settlement ofcenain mattcn have been fully achieved. The 1961
Exchange of Notes has no tirne-limit, nor does it contain a denunciation
clause. It cannot be unüaterallv denounced bv either oariv. The orovision
in ils paragraph 5 conccniing judicial settlemënt of any dispute &as made
precisely for a situation such as would anse in the event of a unilateral
extension of the Icelandic fishery zone beyond 12 sca miles. The Federal
Government therefore reserves al1 rights deriving from the Exchange of
Notes of 19July 1961,cspecially the right 10 refer disputes 10 the Interna-
tional Court of Justice.
3. The Federal Govemment notes the G-v~-~~nt ~ ~ ~ of Iceland's orooosal of
furthe; discussions. ~ihout prejudice to ils legal position outiined above
the Federal Govemment is preoared to enter in10 funher exploratory dis-
cussions wilh the Government of Iceland. APPLICATION
Annex F
NORTH-EASA TTLANTIC FISHERIES Commo~ OR 24 JANUARY 1959
[See Annex F to the United Kingdom Application, 1,p. 171
Aawx C
RESOL~ONADOPTED BY rn ALMINO ON 15 FEBRUAR 1972
[See Annex C ro the Unired KingdomApplicalion, 1,p. 251
Annex H
Negotiations have been proceeding beiwecn the Governmcnts of lŒlînd
and the Federal Rcpublic of Cermany for the purpose of achieving a practical
solution of the ~roblcms of thc German trawler industry, while safeguarding
~~~.vital int~ ~ ~ ~ ~ ~ ~Icel-n~ic ~ronle. The oosition of ihe lcelandic Govem-
ment has becn expressed on a numbcr oioccasions, notably in an aide-mtmoire
of 31 August 1971.and in the sraiement niadc hy the Miiiister for Foreign Af-
fairs durine the Twcntv-sixth Session of tlic United Nations General Assembly
on29 kp~rn&r 1971;of ivhich a cupy is enclused L.The considerations which
lead the Govsrnmcnt of Iceliind to issue new regulalionr relating IO exclusive
~ ~ ~ries iurisdiction in the continental shelf area are set forth in the enclosed
~emor&dum2, entitled "Fisheries Jurisdiction in Iceland and dated February
1972.
Reiteratine al1those considerations. the Governrnent of Iceland now wishes
to state the f;>llowing:
ïu the aide-memoire of 31 August 1971 it was intimated that "in order to
-t~~~mhen the measu~ ~ ~f orotection essential to safeeuard the vital interests
. -
of the lcelandic People in the seas surrounding ils coasts, the Govemment~of
Iceland now finds itcssentiïl to extend funher the zone of exclusive fishcnes
iurisdiction around its coasts to include the are- of sea covenng the con-
. iinental shelf". It was further stated that in the opinion of the 1celLndicGOV-
emment, the ohject and purpose of the provisions in the 1961 Exchange of
'Not reproduced.
1, pp. 27-66,Notes for recoune to iudicial settlement in certain eventualities have been
fully acheved. The ~ovërnment of Iceland. iherefore, considers the provisions
of the Notesexchangcd no longer to beapplicable and conreuucntly termindted.
The Government of Iceland has accordingly decided to issue ne; regulations
providing for fishery limits of 50 miles from the present base-lines, ta become
effective on 1 September 1972, as set forth in the Resolution of the Althing
unanimously adopted on 15 February 1972.
The Government of Iceland hopes that the discussions now in progress will
as soon as possible lead to a practical solution of the oroblems involved.
A copy of this aide-mkmoire will be transmitted to ihe Secretary-General of
the United Nations and the Registrar of the International Court of Justice.
ENCLOSURE 1
Sraremeiir hy Icelandic Miiii.~rer for Foreign Affairs made in the General
Assembly of the United Nario~is011 29 Seprember 1971
[Nol annexed: seepara. 16 of rlle Applicario,i and
1,PP. 51-53]
ENCLOSURE 2
Memorairdrim Eizrirled "Fisheries Jerisdicrion in Iceland"
Issucd hy rlie Icelandic Minisrry of Foreign Aflairs in
February 1972
[See Ant7e.rH ro rlre Ufrired Kingdom Applicarion, 1, pp. 27-66] Annex 1
This aide-mémoirerecapitulates the posiiion of the Government of Iceland
with regard to this matter. It states our views concerning the extension of the
fisherv limits and the auestion of the aoo. .abilitv of the 1961 Exchan~e -f
~oter As far as the ~o\.ernment of lceland is conckriied ituill lx interpreted,
should the occasion ariie, as irnply:ng al1 argunients rellitii'10 the rules of
international 13~ lnthis fiild. incl~dinx al1asoccis of the termination of iixree-
ments in thc light of the aide-kémoireof 31August 1971,as wellas the present
aide-mémoire. It should benoted in that connection that the effective date of
the new reculations. to beissued on the basis of the 1948Law concemine the
Scientifit Conservation of the continental ~helf~isheries, will bel~eptekxr
1972,and that the hope has onvarious occasions been expressed that a practical
soluiion of the oroblems involved will be.achieved assoon as nossible. The
Government ofjceland has indicated a basis for a possible rnodus'vii,cndi hich
is stillunder consideration by boih Governments. Annex J
The Govenunent of the Federal Republic of Germany has taken note of
the contents of the aide-memoire of the Government of Iceland dated 24
Febmary 1972. In that aide-m6moire the Icelandic Government informed the
Federal Government of its decision "to issue new regulations for fishery limits
of 50 miles to become effective on 1 September 1972" and expresses ils view
that the German-Icelandic exchange of notes of 1961 isconsidered "no longer
to be applicableand wnsequently terminated".
The Federal Govenunent wishes to reaairm its position as repeatedly ex-
plained to the lcelandic Govenunent that
-a unilatefa1 extension of the fishem zone of Iceland to 50 miles is incom-
patible with the general mles of iiternational law;
-the exchange of notes of 1961 continues to be in force and cannot k de-
nounced unilaterally.
Unfortunately the proposais put forward by the representatives of the Fed-
eral Government during the exploratory talks have not ken accepted by
the Icelandic Government.
As the aide-memoire of the Icelandic Government of 24 Febmarv 1972
shows, the latter hasnow decided to issue new regulations extending e ce land's
fishery zone Io 50 m~leswith elTeclfrom I Septenber 1972. Under these cir-
cumstances the Federal Government. for the-reasons exnlained in detail to
the lcelandic Government during the'exploraiory talks aad in exercise of the
right laid dom in paragraph 5 of the exchange of notesof 1961,willsubmit the
dispute to the ~ntemational Court of lustice
In doing so, the Federal Govemmentfumly hopes that, by this means of
peacefully settling disputes which is provided for under the UN Charter and
is consistent with aood relations ktween friendlv States. this lez-l dispute
betweeo the two cguntries will be settled.
The Federal Government is willina to continue discussions with the Govern-
ment of lceland in order to agree upon satisfactory practical arrangements at
least for the pcriod while the case is before the International Court of Justice.
-~~~c~ ~ ~ts of this aide-mbmoire will be transmitted. as was the Govern-
ment of Iceland's aide-memoire of 24 February 1972,Io the Secretary-General
of the United Nations and the Registrar of the International Court of Justice.
Annex K
[See Annex E rothe UnitedKingdorn Applicolion, 1, p. 161
Requête introductive d'instance