This case arose out of the Estai incident in 1995 concerning the arrest in by Canadian authorities of a Spanish fishing vessel whilst fishing on the high seas (in the NAFO Regulatory Area) for Greenland halibut. Although both parties to the dispute had made declarations of acceptance of the Court's compulsory jurisdiction, that jurisdiction of the Court was contested by Canada primarily on the basis that it's declaration specifically excluded "disputes arising out of or concerning conservation and management measures taken by Canada with respect to vessels fishing in the NAFO Regulatory Area". Spain argued inter alia that the dispute concerned other areas of law, not covered by this exclusion. The Court declined jurisdiction.
 

P. Bekker, 'International Court of Justice Rejects Jurisdiction in Jurisdiction Fisheries Case brought by Spain against Canada' ASIL Insights, No. 28 [Link to text]

    
Judgment of 4 December 1998

Separate opinion of President Schwebel
Separate opinion of Judge Oda
Separate opinion of Judge Koroma
Separate opinion of Judge Kooijmans

Dissenting opinion of Vice-President Weeramantry
Dissenting opinion of Judge Bedjaoui
Dissenting opinion of Judge Ranjeva
Dissenting opinion of Judge Vereshchetin
Dissenting opinion of Judge ad hoc Torres Bernárdez