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