Written answers of the United Kingdom to the questions posed by Judge Petrén

CORRESPONDENCE 483

143. THE AGENT FOR THE GOVERNMENT OF THE UNITED KINGDOM
TO THE REGISTRAR

14 May 1974.

As requested in your lcucr of 10 May, I have the honour to communicate
the replies of Her Majcsty's Govcrnment to the two questions put by Judge
Petrén, the text of which was enclosed with your letter.

Question l

The Interim Agreement of 13 November 1973 was concludcd by rneans of
an Exchange of Notes between the Minister for Foreign Atîairs of lceland and
the British Arnbassador in Reykjavik. Both Notes wcre in the English
language and each consisted of three paragraphs.
The first paragraph of the Foreign Minister·s Note begins by referring to

discussions concerning the fisheries dispute and continues:

··in these discussions the followîng arrangements have been worked
out for an interiin agreement relating to the fisheries in the disputed
area, pending a settlerncnt of the substantive dispute and witlwm pre­

judice ro the lega/ position or rights of either Gorernmem in relation
rhereto, which ... " (emphasis added).

This part of the first paragraph of the Note is part of the text of the Agree­
ment.

The opening part of the first paragraph of the Foreign Ministcr·s Note was
followed by seven subparagraphs (which were describcd as such in sub­
paragraph 5). The sevcn subparagraphs set out the dctailcd arrangements,
including those in subparagraph 7 on the duration and tcrmination of the
Agreement. The words underlined in the above quotation preservc the legal

position or rights of each Govcrnment in relation to the substantive dispute.
Accordingly, the lnterim Agreement docs not imply any limitation of the
Parties· freedom of action with regard to pursuît of thcir respective daims
with respect to the substantive dispute, before the Court or elsewhcre. ln a
statement made in the Ho use of Commons on ·the day of signature of the

Agreement, the Prime Ministcr of the United Kingdom, Mr. Edw;,1rd Heath,
said:

"Our position at the World Court remains cxactly as it is, and the
agreement is without prcjudice to the case of eithcr country in this
malter."

Question 2

After the conclusion of the agreement in principlc between the two Prime
Ministers in October 1973, the following form of words was putto the lce­

landic authorities during discussion between them and the British Ambassa­
dor in Reykjavik of the proposed Exchange o_fNotes:

"The agreement will run for two ycars from the prescnt date. The
Governments will rcconsider the position before that term expires unless
they have in the 1Y1cantimcagreed to a settlemcnt of the substantive
dispute. ln the absence of such a settlement, the tcrmination of this
agreement will not a!Tcct the legal position of either Government with

respect to the substantive dispute." FISHERIES JURISDJCTION
484

Part of the above form of words was taken out at the suggestion of the Ice­
landic authorities and agreement was reached on the wording now contained
in sub-paragraph 7 of the lcelandic Foreign Minister's Note.
Accordingly, the form of words in sub-paragraph 7of the Note emerged in the
course of discussion during the negotiations prior to the conclusion nf the

Agreement. The intention of the British authoritics was to make clear that the
termination of the Agreement would not in itself extinguish whatever rights
either Government had at that time. In particular, the Interim Agreement was
not intended by the British authorities to be a "phase out" agreement.

]44. THE REGISTRAR TO THE MTNISTER FOR FOREIGN AFFAIRS OF ICELAND

17 May 1974.

Further to my letter of 10 May, 1 have the honour ta send Your Excellency·
herewith a copy of a letter dated 14 May from the United Kingdom Agent
setting out the replies of his Governmenl to the two questions put by Judge
Petrén in the Fisheries J11risdictio11( United Kingdom v./ce/and) case, the text
of which was enclosed with my letter of 10 May.

145. THE REGISTRAR TO THE MINISTER FOR FOREIGN AFF AIRS OF ICELAND1

(te/egram)

18 July 1974.

Have honour inform Your Excellency Court will sit on Thursday 25 July for
public reading Fisheries Jurisdiction Judgments on Merits. 10 a.m. for
United Kingdom case and 3.30 p.m. for Federal Republic.

146. THE REGISTRAR TO THE MINISTER FOR FOREIGN AFFAIRS OF ICELAND 2

(telegram)

25 July 1974.

Have honour inform you Court today delivered Judgment in Fisheries Juris­
diction case (United Kingdom v./ce/and). Operative Clause reads as follows:

[See I.C.J. Reports 1974, pp. 34-35)

Judgment airmailed today.

1 Similar communications were sent to the Agents for the Governments of the
United Kingdom and the Federal Republic of Germany.
2 A similar communication was sent regarding the Federal Republic of Germany v.
[ce/and case (sel.C.J.Reports 1974, pp.205-206).