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CONFIDENTIAL
COPY NO
C.(53) 153
11TH MAY, 1953
CA3INET
ICELAND FISHERIES DISPUTE
Memorandum by the Minister of State
On ISth D e c e m b e r , 1952, the Cabinet agreed in principle to refer the
dispute to the International Court of Justice (C.C.(52) 106th Conclusions,
Minute 6),
2.
Subsequently the Foreign S e c r e t a r y explained in his paper C. (53) 16
dated 13th January the reasons which made it undesirable to refer the whole
dispute to the Court, arid recommended that the Iceland Government should be
asked to agree to a- reference of the Faxa Bay i s s u e only.
3,
The Cabinet agreed to this course on 14th January ( C . C . ( 5 3 ) 2nd
Conclusions, Minute 3).
4.
The Iceland Government in reply enquired whether, if the Faxa Bay
issue were referred to the International Court, the British fishing industry
would undertake to withdraw the ban on landings of Iceland fish when the Court
had given judgment. As the Foreign S e c r e t a r y informed the Cabinet on
26th March ( C . C . ( 5 3 ) 23rd Conclusions, Minute 6), he and other Ministers
were told on 25th March by representatives of the. Eritish fishing industry that
they were not prepared to give such an undertaking. The Iceland Government
thereupon refused in effect to a g r e e to a reference to the International Court,
as is shown by the annexed copy of the exchange of letters between the Joint
Parliamentary Under-Secretary for Foreign Affairs and the Iceland Minister.
5.
In anticipation of the Iceland G o v e r n m e n t s refusal to a g r e e to a
reference to the International Court without an undertaking that the ban would
be r e m o v e d a s soon as'the Court had given judgment, Ministers agreed on
27th March to place the dispute on the agenda of the first meeting of the
P e r m a n e n t Commission which has been s e t up under the Overfishing Convention.
The C o m m i s s i o n agreed at its meeting on 8th May that the International
Council for the Exploration of the Sea should be asked to arrange for the study
of various conservation p r o b l e m s , among them that of conserving fish stocks
in Northern w a t e r s , including waters in the neighbourhood of Iceland.
The
Council will be asked to advise the Commission of the results of its studies.
Conclusion
6.
A complete impasse has been reached.
The latest information from
Grimsby suggests that the British trawler owners and skippers are l i k e l y to
be a s firm a s ever in their stand. They are deeply concerned not Only that
Iceland has not shown h e r s e l f prepared to make the least c o n c e s s i o n , but also
that British-landings from distant fishing grounds (including the grounds around .
Iceland where fishing conditions a r e exceptionally favourable this year) are
heavy and are associated with slack markets in this country, with the result
that p r i c e s a r e low and, in general, unremunerative.
They are a l s o
concerned at the declared intention of Mr. George Dawson, a British
financier, to s e l l Iceland fish on the British market in defiance of t h e b a n .
According to a p r e s s report on 11th May, Mr. Dawson has now signed a
contract with the Iceland Trawler Owners A s s o c i a t i o n , the President of
which i s reported to have stated that Mr. Dawson has been granted a
concession for a number of y e a r s . Mr. Dawson has already been to
Grimsby to d i s c u s s arrangements with the docks authorities for landing
fish t h e r e .
.
7. On the other hand, there is no possibility of persuading the Iceland
Government to modify their attitude until after the general election in June.
There i s therefore nothing to be gained for the present in attempting to
persuade either party to agree to a c o m p r o m i s e ; nor i s there any effective
means of coercing either the Iceland Government or the British fishing
industry.
Re commendations
8.
I accordingly recommend that a further communication should be
made t o the Iceland Government, pointing out that Her Majesty*s Government
have made repeated attempts to bring about a settlement pf the dispute and
that each time the proposals have been rejected or frustrated by the Iceland
Government. Her Majesty's Government have already made it clear to
the Iceland Government that they cannot guarantee that the landings ban will
be lifted when the International Court.has ruled and they do hot, for the
present, propose to take any further initiative and that it i s for the Iceland
Government to make some constructive proposal.
The point of t h i s is that
the record m u s t be completed before we can make a statement in Parliament;
We can afford to wait on an initiative from the Iceland Government because
the Icelanders do not normally s e l l their fish here in the summer.
The
communication to the Iceland Government would be followed by a statement
in Parliament on similar lines in order to make clear the position of .
Her Majesty's Government. .
.
Foreign Office, S . W . L
11TH MAY, 1953.
ANNEX
Foreign Office, S . W . 1 .
31st March, 1953 .
When you called on m e yesterday, you asked me to confirm i n
writing the proposal relating to the f i s h e r i e s dispute which I made to you
on 20th January.
This proposal was that, in order to s e c u r e an e a r l y d e c i s i o n on
a c l e a r - c u t and straight-forward i s s u e , Her M a j e s t y ' s Government and
the Icelandic Government should a g r e e to refer to the International Court
of Justice the question whether the Icelandic Government are entitled
under International Law t o use the line drawn a c r o s s the F a x a - F l o i by
Article 1 of the Regulations i s s u e d by the Icelandic Minister of F i s h e r i e s
on 19th March, 1952, namely the line Eldeyjardrangur (Point 39) Galuvikurtangi (Point 4 0 ) , a s a base line from which to m e a s u r e their
exclusive fishery l i m i t s .
In the course of our conversation I made it clear that Her Majesty's
Government naturally retained their point of view with regard t o all the
other l i m i t s , which was s e t out in the Notes which had been a d d r e s s e d to
the Icelandic Government l a s t y e a r .
.
.
'
If the Icelandic Government agree to the proposal of Her Majesty's
Government, Her Majesty's Government will be happy to d i s c u s s with a
representative of the Icelandic Government the form of the Special A g r e e ­
ment under which the i s s u e shall be submitted to the International Court.
(Signed) ANTHONY NUTTING
His'Excellency
Monsieur Aghar Kl. Jons son.
Icelandic Legation,
17, Buckingham Gate,
London, S. W. 1.
24th A p r i l , 1853.
Dear Mr. Nutting,
I have the honour to inform you that I a m under instructions from
my Government to give the following reply to your letter of 31st March, 1953.
The Icelandic Government wish to repeat that they a r e prepared
to refer to the International Court of Justice the dispute between our two
Governments a r i s i n g from the Regulations of 19th March, 1952, and are
prepared to enter into d i s c u s s i o n s with Her Majesty's Government a s to
how the matter m a y be s o r e f e r r e d , provided that the landing ban be
immediately lifted, when a g r e e m e n t has been reached in this r e s p e c t .
Yours s i n c e r e l y ,
(Signed) AGNAR KL. JONSSON
Anthony Nutting, E s q .
u n d e r I n t e r n a t i o n a l L a w to u s e the line d r a w n a c r o s s the F a x a - F l o i by
A r t i c l e 1 o f t h e R e g u l a t i o n s i s s u e d b y t h e I c e l a n d i c M i n i s t e r of F i s h e r i e s
o n 19th M a r c h , 1 9 5 2 , n a m e l y t h e l i n e E l d e y j a r d r a n g u r ( P o i n t 3 9) Galuvikurtangi (Point 40), as a b a s e line f r o m which to m e a s u r e t h e i r
exclusive fishery limits.
I n t h e c o u r s e of o u r c o n v e r s a t i o n I m a d e i t c l e a r t h a t H e r M a j e s t y ' s
G o v e r n m e n t n a t u r a l l y r e t a i n e d t h e i r p o i n t of v i e w w i t h r e g a r d t o a l l t h e
o t h e r l i m i t s , which w a s set out in the Notes which had been a d d r e s s e d to
the Icelandic Government last year.
If t h e I c e l a n d i c G o v e r n m e n t a g r e e t o t h e p r o p o s a l of H e r M a j e s t y ' s
G o v e r n m e n t , Her Majesty's G o v e r n m e n t will be happy to d i s c u s s with a
r e p r e s e n t a t i v e of t h e I c e l a n d i c G o v e r n m e n t t h e f o r m of t h e S p e c i a l A g r e e ­
m e n t under which the issue shall be submitted to the International Court.
(Signed) ANTHONY N U T T I N G
His Excellency
M o n s i e u r Agnar Kl.
Jdnsson.
Icelandic Legation,
17, B u c k i n g h a m G a t e ,
L o n d o n , S . W . 1.
24th A p r i l , 1853.
Dear Mr.
Nutting,
I h a v e the h o n o u r to i n f o r m you t h a t I a m u n d e r i n s t r u c t i o n s f r o m
m y G o v e r n m e n t t o g i v e t h e f o l l o w i n g r e p l y t o y o u r l e t t e r of 3 1 s t M a r c h , 1 9 5 3 .
The Icelandic Government wish to repeat that they a r e p r e p a r e d
t o r e f e r t o t h e I n t e r n a t i o n a l C o u r t of J u s t i c e t h e d i s p u t e b e t w e e n o u r t w o
G o v e r n m e n t s a r i s i n g f r o m t h e R e g u l a t i o n s of 19th M a r c h , 1 9 5 2 , a n d a r e
p r e p a r e d t o e n t e r into d i s c u s s i o n s with Her M a j e s t y ' s G o v e r n m e n t a s to
how the m a t t e r m a y be so r e f e r r e d , p r o v i d e d that the landing ban be
i m m e d i a t e l y lifted, when a g r e e m e n t h a s b e e n r e a c h e d in this r e s p e c t .
Yours
sincerely,
(Signed) AGNAR K L . JONSSON
Anthony Nutting, Esq.