Anglo-Norwegian Fisheries Case (UK v. Norway)
Rule established
(1) The baseline for measuring territorial waters may follow the general direction of the coast using straight baselines where the coastline is deeply indented. (2) The 10-mile rule for bays is not a rule of general international law. (3) Economic interests of the coastal population may be considered in delimitation.
Facts
- Norway drew straight baselines connecting outermost points of its coast (1935 Royal Decree)
- This enclosed large areas of water as internal waters, excluding British fishing vessels
- UK protested that baselines must follow the actual low-water mark
- UK also invoked the "10-mile rule" for bays
Issues
- Whether Norway's system of straight baselines was valid under international law
- Whether the 10-mile rule for bays was binding on Norway
Held
- Norway's straight baseline system was valid: the coastline's unique geography justified it
- Three criteria for straight baselines: (a) follow general direction of coast, (b) not depart too far from physical coast, (c) regard economic interests of the region
- 10-mile rule for bays is not a rule of general international law
- UK's claim dismissed
Ratio Decidendi
Where a coastline is deeply indented or fringed with islands, the straight baseline method following the general direction of the coast is permissible. The baseline need not follow every indentation. Economic interests of coastal communities are a relevant factor in delimitation.
How to use it in an exam
- Authority for straight baselines (now UNCLOS Art. 7)
- Destroys the 10-mile bay rule as customary IL
- Key line: "In the Anglo-Norwegian Fisheries Case (1951), the ICJ upheld Norway's straight baseline system, holding that deeply indented coastlines justify baselines following the general direction of the coast."
Source
Source: ICJ Reports 1951, p. 116
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.