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    Legal Status of Eastern Greenland Case

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    Fatzie Mendoza
    The document summarizes a legal case between Denmark and Norway regarding sovereignty over territory in Eastern Greenland. The Permanent Court of International Justice ruled Norway's 1931 declaration of occupation over Eastern Greenland invalid for the following reasons: 1) Under the doctrine of intertemporal law, Norway's actions after a critical date of rights crystallization could not strengthen its legal position; 2) Norway had previously undertaken not to contest Denmark's sovereignty over Greenland after their 1814 union termination; and 3) Norway's recognition of Greenland as part of Denmark in agreements and the 1919 Ihlen Declaration bound the Norwegian government in recognizing Denmark's sovereignty.

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    Legal Status of Eastern Greenland Case

    Uploaded by

    Fatzie Mendoza
    2K views8 pages
    The document summarizes a legal case between Denmark and Norway regarding sovereignty over territory in Eastern Greenland. The Permanent Court of International Justice ruled Norway's 1931 declaration of occupation over Eastern Greenland invalid for the following reasons: 1) Under the doctrine of intertemporal law, Norway's actions after a critical date of rights crystallization could not strengthen its legal position; 2) Norway had previously undertaken not to contest Denmark's sovereignty over Greenland after their 1814 union termination; and 3) Norway's recognition of Greenland as part of Denmark in agreements and the 1919 Ihlen Declaration bound the Norwegian government in recognizing Denmark's sovereignty.

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    The document summarizes a legal case between Denmark and Norway regarding sovereignty over territory in Eastern Greenland. The Permanent Court of International Justice ruled Norway's 1931 declaration of occupation over Eastern Greenland invalid for the following reasons: 1) Under the doctrine of intertemporal law, Norway's actions after a critical date of rights crystallization could not strengthen its legal position; 2) Norway had previously undertaken not to contest Denmark's sovereignty over Greenland after their 1814 union termination; and 3) Norway's recognition of Greenland as part of Denmark in agreements and the 1919 Ihlen Declaration bound the Norwegian government in recognizing Denmark's sovereignty.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    2K views8 pages

    Legal Status of Eastern Greenland Case

    Uploaded by

    Fatzie Mendoza
    The document summarizes a legal case between Denmark and Norway regarding sovereignty over territory in Eastern Greenland. The Permanent Court of International Justice ruled Norway's 1931 declaration of occupation over Eastern Greenland invalid for the following reasons: 1) Under the doctrine of intertemporal law, Norway's actions after a critical date of rights crystallization could not strengthen its legal position; 2) Norway had previously undertaken not to contest Denmark's sovereignty over Greenland after their 1814 union termination; and 3) Norway's recognition of Greenland as part of Denmark in agreements and the 1919 Ihlen Declaration bound the Norwegian government in recognizing Denmark's sovereignty.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 8

    Legal Status of Eastern Greenland Case

    (Denmark v. Norway) Permanent Court


    of International Justice (PCIJ) Reports,
    Series A/B, No. 53 (1933)
    Facts:
    • This dispute was one between Denmark and Norway regarding
    the sovereignty over territory in Eastern Greenland. It is
    established that Greenland was discovered around 900 A.D. It
    was colonized 100 years later. Eric the Red of the Norwegian
    origin was the best know colonist. At that time two settlements
    called Eystribygd and Vestribygd existed as an independent
    State for some time; however, latter they became tributary to
    the kingdom of Norway in the 13th century. These settlements
    disappeared before 1500.
    Facts:
    • Meanwhile Norway in apart from expeditions to the East coast
    from 1889 onwards, an expedition in 1922 resulted in
    establishing a provisional wireless station at Mygg-Bukta to
    which Denmark lodged its protect immediately against such
    erection. Latter, large number of houses and cabins of
    Norwegian origin were built.
    • On July 10th, 1931 by a Norwegian Royal Resolution the King
    of Norway declared the occupation of the country in Eastern
    Greenland between Carlsberg Fjord on the south and Bessel
    Fjord on the north.
    Issue:
    • Whether or not the declaration made by
    Norway on July 10, 1931 is unlawful and
    invalid.
    Ruling:
    • Yes, it is invalid. Under the doctrine of intertemporal law, the
    crystallization of a right must be analyzed through the
    application of international law as it existed at the point in
    time when the right arose. In certain cases of dispute vis-à-vis
    territorial sovereignty, there arises a point in time wherein the
    rights and stances of the parties have crystallized to such an
    extent that no action they take beyond that particular date will
    alter their legal position. A critical date of crystallization of a
    dispute is sometimes determined, the events occurring after
    which are not considered in determining title. This is with a
    view to exclude from judicial consideration unilateral actions
    of parties seeking to strengthen their respective positions in
    the dispute.
    Ruling:
    • Also Norway had given certain undetakings recognizing
    Denmark’s sovereignty over Greenland:
    • After termination of the Union between Denmark and Norway
    in 1814, the latter undertook not to contend the Danish claim
    of sovereignty over Greenland. 
    • In many bilateral and multilateral agreements concluded
    between Denmark and other countries including Norway,
    Greenland was described as part of Denmark and has been
    excluded at the instance of the latter from operation of the
    agreements. By ratifying such agreements, it is followed that
    Norway recognized whole of Greenland as part of Denmark.
    Ruling:
    • Ihlen Declaration: One of the bases for the Denmark’s claim
    was the statement made by Foreign Minister of Norway Mr.
    Ihlen in July, 1919 would render their claim for sovereignty
    futile. Norway contented that his statement would not bind the
    Norwegian Government as it lacked requisite authority.
    • Wherefore PCIJ ruled that promulgation by the Norwegian
    Government on July 10th, 1931 on occupation over Greenland
    and any steps in furtherance of the declaration would amount
    to violation of existing legal situation and are accordingly
    unlawful and invalid.

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