Fisheries Jurisdiction (Spain v. Canada) - Hearings to open on 9 June 1998 on the issue of the jurisdiction of the Court

r-----------------------~------------------------------------------------------------------

INTERNATIONAL COURTOF JUSTICE

Peace Palace, 2517 KJ The Hague. Te1.(31-70-302 23 23). Cables: Intercourt, The Hague.
Telefax (31-70-364 99 28).Telex 32323. Internet address: http:Ilwww.icj-dj.org

Communiqué
unoffici.al
forimmediale release

No. 98/20
28 May 1998

Case concerning Fisheries Jurisdictism
.(S.paiv. Canada)

Jlearings to open on 9 June 1998 on the issue of the jurisdiction of the Court

THEHAGUE, 28 May 1998. Hearings in the case conceming Fisheries Jurisdiction between
Spain and Canada will open on Tuesday 9 June 1998 at 10 a.m. before the International Court of
Justice (ICJ), the principal judicial organ of the United Nations.

The hearings, which will lastuntil Wednesday 17 June 1998, will exclusively address the

question of the jurisdiction of the Court to deal with the case, a matter contested by Canada.

During a meeting held on 27 April 1995 between the theo President of the Court,
Judge Mohammed Bedjaoui, and the representatives of the Parties, it bad been agreed that that
question should be separately determined before any proceedings on the merits. The President

consequent! y fixed by an Order of 2 May 1995 time-limits for the filing of wrinen pleadings on the
question of the jurisdiction of the Court: a Memorial by Spain and a Counter- Memorial by Canada.
These were duly filed.

The programme ofthe hearings is as follows (each day from 10 a.m. to 1 p.m.):

First round of p!eadjngs Second round of pleadings

Tuesday 9 June: Spain Monday 15 June: Spain
Wednesday 10June: Spain Wednesday 17 June: Canada
Thursday Il June: Canada

Friday 12 June Canada

The delegation from Spain will be ledby Mr. JoséAntonio Pastor Ridruejo, Director of the
International Legal Service of the Ministry of Foreign Affairs, agent, and the delegation from
Canada by Mr. Philippe Kirsch, Legal Adviser of the Ministry of Foreign Affairs, agent.

Histozy of the dispute

On 28 March 1995 Spain filed an application instituting proceedings against Canada with
respect to a dispute relating to the Canadian Coastal Fisheries Protection Act (as amended on
12 May 1994), to the implementing regulations of that Act and to certain measures taken on the

basis of that legislationThe dispute deals in particular with the boarding on the high seas, on
9 March 1995, of a fishing boat, thEstai,flying the Spanish flag and with a Spanish crew, by a
Canadian patrol boat, theCape Roger. - 2 -

In its Application, Spain indicated that by this action Canada had violated the principles of
general international law which proclaim freedom of navigation and freedom of fishing on the high
seas, asweil as the exclusive jurisdiction of the flag State over ships on the high seas. As a basis
of the Court's jurisdiction, Spain referred to the declarations of both States by which they accept
that jurisdiction as compulsory (Article 36, paragraph 2, of the Statute of the Court).

On 21 April 1995, Canada informed the Court that it lacked jurisdiction to deal with the case
because of a reservation made in its Declaration recognizing the compulsory jurisdiction of the
Court of 10 May 1994. In this Declaration, Canada said the Court bad a compulsory jurisdiction
"over ali disputes ... other than ... disputes arising out of or concerning conservation and
management measures taken by Canada with respect to vessels fishing in the NAFO Regulatory
Area ... and the enforcement of such measures".

"'

NOTE FOR THE PRESS

1. The public hearings will be held in the Great Hall of Justice of the Peace Palace in
The Hague, theNetherlands. Mobile telephones and beepers are a1lowed in the courtroomprovided
tbey are turned off orset oo sileot mode. Any offending deviee will be temporarily retained.

2. Members of the Press will be entitled to attend on presentation of an admission card, which
may be obtained upon application. The tables reserved for them are situated on the far left of the

public entrance of the courtroom.

3. Photographs may be taken for a few minutes at the opening and at the end of the hearings.
Television crews may film, but advance notice should be given to the Infonnation Office (see
paragraph 7).

4. In thePress Room, located on the ground floor of the Peace Palace (Room 5), the Court's
proceedings will be relayed through a loudspeaker.

5. The verbatim records of the hearings will be available on a daily basis on the Website of
the Court (bttp://www.icj-cij.org).

6. Members of the Press who wish to make telephone caUs may use the phone located in the •
Press Room for collect caUs or the public telephones in the Post Office in the basement of the Peace
Palace.

7. Mr. Arthur Witteveen, Secretary of the Court (tel: 31-70-302 2336), and
Mrs. Laurence Blairon, Infonnation Officer (tel:31-70-302 2337}, are available to deal with any
requests for information and for mak.ing arrangements for television coverage.