Fisheries Jurisdiction (Spain v. Canada) - Court to announce on Friday 4 December 1998 whether it has jurisdiction to deal with the merits of the case

INTERNATIONAL COURTOFJUSTICE

Peace Palace, 2517 KJ The Hague. Tel.(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
forimmediate release

No. 98/40
27 November 1998

Case concerning Fisberies Jurisdiction
(Spain v. Canada)

Court to announce on Friday 4 December 1998 whether it bas
jurisdiction to deal with the merits of the case

THE HAGUE, 27 November 1998. The International Court of Justice (ICJ) will announce
on Friday 4 December 1998 whether it bas jurisdiction to deal with the merits of the case brought
by Spain against Canada concerning Fisheries Jurisdiction. The Court'sjurisdiction in the case bas
been cballenged by Canada.

A public sitting will take place at 10.00 inthe Peace Palace in The Hague during which
the President of the Court, Judge Stephen M. Schwebel, will read the Court's Judgment on
jurisdiction.

The Parties havepr~sen theidarguments in writing and during public bearings which were

held between 9 and 17 June 1998.

Background information

On 28 March 1995 Spain filed an application instituting proceedings against Canada with
respect to a dispute relating to the Canadian Coastal Fisberies 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 dealsin 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.

In îts Application, Spain maintained that by this action Canada bad violated the principles of
international law which proclaim freedom of navigation and freedom of fishing on the high seas,
as well as the exclusive jurisdiction of the flag State over its ships on the high seas. As a basis of
the Court'sjurisdiction, Spain relied upon the declarations of both States by wbich they accept that
jurisdiction as compulsory (Article 36, paragraph 2, the Statute of the Court).

On 21 April 1995, 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 compulsory jurisdiction "over ali
disputes . . . other than . . . disputes arising outconceming conservation and management
measures taken by Canada with respect to vessels fishing in the NAFO Regulatory Area ...and

the enforcement of such measures". - 2 -

During a meeting heid on 27 April 1995 between the then President of the Court,
Judge Mohammed Bedjaoui, and the representatives of the Parties, it bad been agreed that the
question of the jurisdiction of the Court should be separately determined before any proceedings
on the merits. The President fixed, by an Order of2 May 1995, time-limits for the filing ofwritten
pleadings on that question: a Memorial bypain and a Counter-Memorial by Canada. These were
duly filed.

*

NOTE TO THE PRESS

1. The public sitting will be held in the Great Hall of Justice of the Peace Palace in
The Hague, Netherlands. Mobile telephones and beepers are allowed in the courtroom provided
· they are turned off or set on silent mode. Any offending deviee will be temporarily retained.

2. Members of the Press will be entitled to attend on presentation of an admission card, w•ich
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 sitting.
Television crews may film, but advance notice should be given to the Information Office (see
paragraph 8).

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

5. At the end of the sitting, a press release, a summary of the Judgment and its full text will
be distributed in theress Room.

6. Ail the above-mentioned documents will be simultaneously available on the Website of the
Court (ttp://www .icj~ .ori)j

7. Members of the Press who wish to make telephone caUsmay use the phone located in the
Press Room or the public telephones in the Post Office in the basement of the Peace Palace.

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