Реферат: International Law Essay Research Paper International law

case was submitted to a Chamber of the ICJ pursuant to a special agreement

concluded by the parties in 1983. In December 1985, while written

submissions were being prepared, hostilities broke out in the disputed

area. A cease-fire was agreed, and the Chamber directed the continued

observance of the cease-fire, the withdrawal of troops within twenty days,

and the avoidance of actions tending to aggravate the dispute or prejudice

its eventual resolution. Both Presidents publicly welcomed the judgement

and indicated their intention to comply with it.

In the Fisheries Jurisdiction case (United Kingdom v. Iceland ,

1974) the ICJ contributed to the firm establishment in law of the idea that

mankind needs to conserve the living resources of the sea and must respect

these resources. The Court observed:

It is one of the advances in maritime international law, resulting

from the intensification of fishing, that the former laissez-faire

treatment ofthe living resources of the sea in the high seas has been

replaced by a recognition of a duty to have due regard of the rights of

other States and the needs of conservation for the benefit of all.

Consequently, both parties have the obligation to keep inder review the

fishery resources in the disputed waters and to examine together, in the

light of scientific and other available information, the measures

required for the conservation and development, and equitable exploitation,

of these resources, taking into account any international agreement in

force between them, such as the North-East Atlantic Fisheries

Convention of 24 January 1959, as well as such other agreements as

may be reached in the matter in the course of further negotiation.

The Court also held that the concept of preferential rights in

fisheries is not static.

This is not to say that the preferential rights of a coastal State

in a special situation are a static concept, in the sense that the