ANGLO-NORWEGIAN FISHERIES CASE (UNITED KINGDOM V. NORWAY)

ANGLO-NORWEGIAN FISHERIES CASE (UNITED KINGDOM V. NORWAY)

 

FACTS

• Norway enacted a decree by which it reserved certain fishing grounds situated off its northern coast for the exclusive use of its own fishermen.
• The question at issue was whether this decree, which laid down a method for drawing the baselines from which the width of the Norwegian territorial waters had to be calculated, was valid international law.
• The United Kingdom contended, inter alia, that some of the baselines fixed by the decree did not accord with the general direction of the coast and were not drawn in a reasonable manner.

HELD

• The court dealt with this issue by observing that although the ten-mile rule was adopted by certain states in their national law and treaties, other states did not adhere to this rule - did not acquire the authority of a general rule of international law.
• Established a custom to be recognised as a law if some degree of uniformity amongst state practices could be established - sufficient uniformity of behaviour.
• Actual practices of states did not justify the creation of such a custom.
• Persistent objector - they objected to the rule from its very inception - so they were immune from the application of the rule - cannot be a subsequent objector