Denmark's Replies to Questions put by Vice-President Oda

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The Replies of Denmark to

Vice-President Oda's Questions

Denmark bas the honour to reply to the three questions posecl by Vice-President

Oda at the conclusion othe first round of oral pleadinon Thursday, 21 January

1993.

1. As Denmark recalls, the concept of a200-mile exclusive economic zone

_which was adopted at UNCLOS III, emerged not because States opposed

the notion of a 200-mile fishing zone but because they wished to have an

expanded jurisdiction. That is to say, they believed it should be a

jurisdiction not confined to the utilisation and conservation of fishing

resources but extending to pollution control, control over scientific

research, the construction of artificial islands etc. The "exclusive

economic zone" concept contains a whole variety of jurisdictional powers

in contrast to the fishing zone. There. does not, however, exist in

international law an obligation on States to claim ail these jurisdictional

powersat the same time, and it is thus legitimate for States - as many do -

to claim only the fisheries jurisdiction outo200 nautical miles. Indeed,

the practiceis widespread. The 6th Revision of Limits in the Setis 1990

(No. 36 National Claims to Maritime Jurisdictions) gives the following list

of States claiming 200 miles exclusive fishing zones, but not "exclusive

econonùc zones": Angola, Australia, the Bahamas, Belgium, Brueni,

Canada, Denmark, Federal Republic of Gennany, German Democratic '
.i
Republic, Guyana, Ireland, Japan, Malaysia, Nauru, Netherlands, Poland,

South Africa, Sweden, United Kingdom, 2.aire:and originally some States

like Chile, Senegal, USA, and Trinidad and Tobago began with fishing

zones and moved to full exclusive economic zones at a later date.

Denmark is not aware of any general opposition to this practice.

Danish Act No. 597 of 17 December 1976 on the Fishing Territory of the

Kingdom of Denmark (Annex 1 to the Memorial) authorises the

Govemment of Denmark to establish 200 nautical miles fishing zones for

the Kingdom of Denmark. Pursuant to this Act the Government of

Denmark has extended the fishing zones throughout the Kingdom.

Considerations are now being given to declare an exclusive economic wne

in some or ail partsof the Danish maritime spaces.

2. Denmark bas talŒnthe view that Jan Mayen, because of its size, could not

be regarded as a "rock" for the purposes _ofArticle 121(3) of the 1982

Convention. Thus an interpretation of the phrase "sustain human habitation

or economic life of their own" has not been of direct relevance to the

present case.

In Denmark's view, however, the rationale behind the new provision in·

Article 121(3) also has implications in a delimitation situation between ·

2 inhabited and uninhabited territories such as in the present case in so far

as it implies that a delimitation oughtto faveur the former.

3. State practice has increasingly favoured the use of a single maritime

boundary, perhaps because, in the majority of situations, there is no

relevant factor which couldjustify a different location for shelf, fishing

exclusive economic zone boundaries. Moreover, in the present case there

hasbeen no request for different lines, one for the shelf and another, a

differento~e, for the fishing zones

In determining the locationof such a single boundary Denmark haswished

to follow the judgment of the International Court in the Gulf of Maine

case. As Denmark understands that judgment, it was not so much a

question of which zone line (i.e. shelf or :fishingzone) had priority, or

which zone absorbe.cithe other, but more a question of identifying and

applying those factors relevantto both zones.

The Hague, 27 January1993

3

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Denmark's Replies to Questions put by Vice-President Oda

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