Spain brings a case against Canada

INTERNATIONAL COURT OF JUSTICE
Peace Palace, 2517 KJ The Hague. Tel.(070-302 23 23).Cables: lntercourt,The Hague.

Telefax (070.364 99 28). Telex 32323.

Communiqué

unoffieial
for immediate release

No. 95/9

29 March 1995

Spain brinas a case against Canada

The following information is made available to the Press by the
Registry of the International Court of Justice:

On 28 March 1995 the Kingdom of Spain filed in the Registry of the
Court an Application instituting proceedings against Canada with respect

to a dispute relating ta the Canadian Coastal Fisheries Protection Act,
as amended on 12 May 1994, and to the rules of application of that Act,
as well as to certain measures taken on the basis of that legislation,

more particularly the boarding on the high seas, on 9 March 1995, of a
fishing boat, the ~~ sailing under the Spanish flag.

The Application indicates, inter alia, that by the amended Act "an

attempt was made ta impose on ail persans on board foreign ships a bread
prohibition on fishing in the NAFO Regulatory Area [NAFO - Northwest
Atlantic Fisheries Organization], that is, on the high seas, outside

Canada's exclusive economie zone"; that the Act "expressly permits
(Article B) the use of force against foreign fishing beats in the zones
that Article 2.1 unambiguously terms the 'high seas'"; that the rules of

application of 25 May 1994 provide, in particular, for "the use of force
by fishery protection vessels against the foreign fishing boats covered
by those rules ... which infringe their mandates in the zone of the high

seas within the scope of those rules"; and that the rules of application
of 3 March 1995 "expressly permit[ ... ] such conduct as regards Spanish
and Portuguese ships on the high seas".

The Application of Spain alleges the violation of various principles
and norms of international law and states that there is a dispute between

the Kingdom of Spain and Canada which, going beyond the framework of
fishing, seriously affects the very principle of the freedom of the high
seas and, moreover, implies a very serious infringement of the sovereign

rights of Spain.

As a basis of the Court's jurisdiction, the Applicant refers ta the

declarations of Spain and of Canada made in accordance with Article 36,
paragraph 2, of the Statute of the Court. - 2 -

In that regard, the Application specifies that:

»The exclusion of the jurisdiction 9f the Court in relation

tc disputes which may arise from management and conservation
measures taken by canada with respect tc vessels fishing in the
NAFO Regulatory Area and the enforcement of such measures

(Declaration of Canada, para. 2 (d), introduced as recently as
10 May 1994 or two days prier to the amendment of the Coastal
Fisheries Protection Act), does not even. partially affect the

present dispute. Indeed, the Application of the Kingdom of
Spain does not refer exactly tc the disp~tes concerning those
measures, but rather tc their origin, to the Canadian

legislation which constitutes their frame of reference. The
Application of Spain directly attacks th~ title invoked ta
justify the Canadian measures and their acts of enforcement, a

piece of legislation which, going a great deal further than the
mere management and conservation of fishery resources, is in

itself an internationally wrongful act of Canada, as it is
contrary ta the fundamental principles and norms of
interna.tional law; a piece of legislation which for that reason

does not fall exclusively within the jur~sdiction of Canada
either, according ta its own Declaration (paragraph 2 (c)
thereof). Moreover, only as from 3 March 1995 has an attempt

been made ta extend that legislation, in a discriminatory
manner, ta ships flying the flags of Spain and Portugal, which
bas led ta the serious breaches of international law set forth

above."

While expressly reserving the right ta modify and extend the terms of

the Application, as well as the grounds invoked, and the right ta request
the appropriate provisional measures, the Kingdom of Spain requests:

"(Al that the Court find that the legislation of Canada, in
sa far as it claims ta exercise a jurisdiction over ships flying.

a foreign flag on the high seas, outside the exclusive economie
zone of Canada, is not opposable ta the Kingdom of spain;

(B) that the Court adjudge and declare that Canada is bound
to refrain from any repetition of the reported acts, and ta
offer tc the Kingdom of Spain the reparation that is due, in the

form of an indemnity of which the amount must caver all the
damages and injuries occasioned; and

(C) that, consequently, the Court declare also that the
boarding on the high seas, on 9 March 1995, of the ship Estai
flying the flag of Spain, and the measures of coercion and the

exercise of jurisdiction over that ship and over its captain,
constitute a concrete violation of the aforementioned principles
and norms of international law;"