Individual opinion of judge Alvarez

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Individual opinion of judge Alvarez

Journal Title: Lex portus - Year 2016, Vol 1, Issue 1

Abstract

In accordance with the considerations set out above, judge Alvarez come to the following conclusions upon the questions submitted to the Court: (1) Norway - like all other States - is entitled, in accordance with the general principles of the law of nations now in existence, to determine not only the breadth of her territorial sea, but also the manner in which it is to be reckoned. (2) The Norwegian Decree of 1935, which delimited the Norwegian territorial sea, is not contrary to any express provisions of international law. Nor is it contrary to the general principles of international law, because the delimitation is reasonable, it does not infringe rights acquired by other States, it does no harm to general interests and does not constitute an abus de droit. In enacting the Decree of 1935, Norway had in view simply the needs of the population of the areas in question. (3) In view of the foregoing, it is unnecessary to consider whether or not Norway acquired by prescription a right to lay down a breadth of more than three sea miles for her territorial sea and the way in which its base-lines should be selected. (4) If Norway is entitled to fix the extent of her territorial sea, as has been said, it is clear that she can prohibit other States from fishing within the limits of that sea without their being entitled to complain of a violation of their rights. (5) The answer to the contentions of the Parties with regard to the existence of certain precepts of the law of nations which they consider to be in force at the present time has been given in the preceding pages.

Authors and Affiliations

A. Alvarez

Keywords

EP ID EP175821
DOI -
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