France v United Kingdom 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.* Minquiers and Ecrehos (France/United Kingdom) – Summary of the Summary of the Judgment of 17 November 1953, International Court of Justice 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.* Minquiers and Ecrehos (France/United Kingdom - Judgment of 17 November 1953, p. 65.
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.* Minquiers and Ecrehos (France/United Kingdom - Judgment of 17 November 1953, p. 54. 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.* Minquiers and Ecrehos (France/United Kingdom - Judgment of 17 November 1953, p. 71.
See also List of International Court of Justice cases Prescription (sovereignty transfer)
References International Court of Justice records of this case
Further reading
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)