Fisheries Jurisdiction (Spain v. Canada) - Hearings to be held from 9 to 17 June 1998 on the issue of the jurisdiction of the Court

INTERNATIONAL COURTOFJUSTICE

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: Il www.icj-cij.org

Communiqué
unofficial
forimmediaterelease

No. 97/17
5 December 1997

Case concerning Fisheries Jurisdiction

~v. Canada)

Hearings to be held from 9 to 17 June 1998 on the issue of the jurisdiction of the Court

THE HAGUE, 5 December 1997. Hearings in the case conceming Fisheries Jurisdiction
between Spain and Canada will be held before the International Court of Justice (ICJ) from
Tuesday 9 ta Wednesday 17 June 1998 in the Great Hall of Justice of the Peace Palace in The
Hague, seat of the Court.

The public sittings will be exclusively dedicated ta the oral arguments of the Parties
conceming Canada's contention that the Court Jacks jurisdiction to deal with the case.

Taking into account an agreement conceming the procedure reached between the Parties on
27 April1995, the then President of the Court, Judge Mohammed Bedjaoui (Algeria), decided, by
an Order of 2 May 1995, that the written proceedings shou1dfrrst be addressed to the question of
the jurisdiction of the Court.

Historv of the dispute

On 28 March 1995 Spain filed an application instituting proceedings against Canada with
respect ta a dispute relatingo 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
basisof that legislation. The dispute deals in particular with the boarding on the high seas, on
9 March 1995, of a fishing boat, the Estai, flying the Spanish flag and with a Spanish crew, by a
Canadian patrol boat, the CapeRoger.

Spain alleged that the boarding of the Estai by the Cape Roger occurred "after successive
attemptsat boarding by gunboats manned by individuals armed with automatic weapons". It added
that "the boat and its crew were forcibly escorted away and held incommunicain the Canadian

port of St. John's, Newfoundland, where the captain of the boat was imprisoned and subjected ta
criminal proceedings for having fished on the high seas".

In its Application, Spain indicated that by this action Canada had violated the principles of
general international law which proclaim freedom of navigationand freedom of fishingon the high
seas,as weil as the exclusive jurisdiction of the flag State over ships on the high seas. - 2-

Spain also contended that Canada bad breached the norms of general international law which
reject the right hot pursuit on the high seas and prohibit imprisomnent and corporal punishment
as penalties in casef violations of fishing laws and regulations.

Spain maintained that by the Canadian Act "an attempt was made to impose on ail persans
on board foreign ships a broad prohibitionn fishing in the NAFO [Northwest Atlantic Fisheries
Organization]Regulatory Area, that is, on the high seas".

It therefore asked the Court to declare that the boarding on the high seas of the Estai

constitutes a violation of the principles of international law, that Canada is bound to refrain from
such acts and is due to pay reparation for the damages and injuries occasioned, and that the
Canadian Act is not opposable to Spain.

which they accept that jurisdiction as compulsory (Article 36, paragraph 2, of the Statute of they
Court).

On 21 April1995, Canada informed the Court that it lackedjurisdiction 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" .

Website address of the Court: http://www.icj.-cij.org

Information Office:
Mr. Arthur Witteveen, Secretary of the Court (tel: 31-70 302 2336)
Mrs. Laurence Blairon, Information Officer (tel:31-70 302 2337)
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