Minquiers and Ecrehos case
| Minquiers and Ecrehos Case | |
|---|---|
| Court | International Court of Justice |
| Full case name | Minquiers and Ecrehos (France/United Kingdom) |
| Decided | 17 November 1953 |
France v United Kingdom [1953] ICJ 3 (also called the Minquiers and Ecrehos Case) was an International Court of Justice case concerning sovereignty over seas.
Facts
The United Kingdom and France requested the ICJ to determine the country that held sovereignty over the islets and rocks in the Minquiers and Ecrehos groups. France claimed sovereignty because it fished in the waters and it had historic sovereignty over the area from the 11th century's Duchy of Normandy. The United Kingdom claimed that Jersey had historically exercised legal and administrative jurisdiction over them.
Judgment
Initially requested in 1951, the ICJ decided on 17 November 1953 that sovereignty over the islands belonged to the United Kingdom.[1] They based this decision on evidence that throughout the 19th Century, Jersey exercised various administrative measures on the islands. This included criminal prosecutions, taxation, coroner's inquests, boat registrations, and censusus.[2]
The court found that France's claim based on Norman law was inconclusive, as ownership of the Minquiers and Ecrehos were never explicitly referenced in the historical treaties between France and England.[3] Additionally, while France had frequently claimed the right for its citizens to fish in the area, the court found little evidence that France historically claimed ownership over the islands themselves.[4]
See also
References
- ^ * Minquiers and Ecrehos (France/United Kingdom) – Summary of the Summary of the Judgment of 17 November 1953, International Court of Justice
- ^ * [1] Minquiers and Ecrehos (France/United Kingdom - Judgment of 17 November 1953, p. 65.
- ^ * [2] Minquiers and Ecrehos (France/United Kingdom - Judgment of 17 November 1953, p. 54.
- ^ * [3] Minquiers and Ecrehos (France/United Kingdom - Judgment of 17 November 1953, p. 71.
Further reading
- J.H.W.V. (21 May 2009). "A. G. Roche, The Minquiers and Ecrehos Case (An analysis of the decision of the International Court of Justice).Il Yung Chung, Legal Problems involved in the Corfu Channel Incident, beide uhgegeven in de serie Travaux de juridiction internationale, publiés sous la direction de M. le professeur P. Guggenheim (delen I en III). — Librairie Droz (Genève), Librairie Minard (Paris), resp. 200 en 287 blz". Netherlands International Law Review. 7 (2): 165. doi:10.1017/s0165070x00032587.
External links
- William B. Heflin, Diayou/Senkaku Islands Dispute: Japan and China, Oceans Apart, Asian-Pacific Law & Policy Journal, 2000 (including analysis of this case)