ICJ jurisdiction under the optional clause—relevance of legality of acts to validity of reservation to jurisdiction made in contemplation of such acts—high seas—conservation and management measures

• Published in: American Journal of International Law
• Main Authors: Oxman, Bernard H., Kwiatkowska, Barbara
• Format: Article in Journal/Newspaper
• Language: English
• Published: Cambridge University Press (CUP) 1999
• Subjects: Law; Political Science and International Relations; Canada; Northwest Atlantic
• Online Access: http://dx.doi.org/10.2307/2998004; https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S0002930000026518

Fisheries Jurisdiction (Spain v. Canada), Jurisdiction. International Court of Justice, December 4, 1998. On May 10, 1994, Canada filed an amended declaration accepting the jurisdiction of the International Court of Justice (ICJ). New paragraph 2(d) excluded “disputes arising out of or concerning conservation and management measures taken by Canada with respect to vessels fishing in die NAFO Regulatory Area, as defined in the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, 1978, and the enforcement of such measures.” Two days later, the Canadian Coastal Fisheries Protection Act (CFPA) and implementing regulations were amended to authorize the enforcement under certain circumstances of conservation measures applicable to foreign fishing vessels in the high seas areas to which the reservation adverted.