Legal Status of Eastern Greenland (Norway v. Denmark)
Occupier (D) v. Sovereign (P)
Procedural History:
Proceeding before the International Court of Justice.
Overview:
Denmark (P) claimed that a statement made by a Norwegian Minister was binding on Norway (D). Denmark (P) wanted to obtain from Norway (D) its agreement not to obstruct Danish (P) plans with regard to Greenland. The Minister for Foreign Affairs made a declaration on behalf of the Norwegian government (D) that the Norwegian government (D) would not make any difficulty in the settlement of the question.
Issue:
Is a reply given by the Minister of Foreign Affairs on behalf of his government binding upon the country to which the Minister belongs?
Rule:
a reply given by the minister of foreign affairs on behalf of his govt. is binding upon the country to which the minister belongs.
Analysis:
The Vienna Convention on the Law of Treaties is the main source of international law on treaties. The Convention was ratified by 35 countries but not by the United States. Unilateral statements may also be binding on states.
Outcome:
Yes. A reply given by the Minister of Foreign Affairs on behalf of his government is binding upon the country to which the Minister belongs. It is beyond dispute that a reply of the nature given here in response to a request by the diplomatic representative of a foreign power is binding upon the country the Minister represents
Occupier (D) v. Sovereign (P)
Procedural History:
Proceeding before the International Court of Justice.
Overview:
Denmark (P) claimed that a statement made by a Norwegian Minister was binding on Norway (D). Denmark (P) wanted to obtain from Norway (D) its agreement not to obstruct Danish (P) plans with regard to Greenland. The Minister for Foreign Affairs made a declaration on behalf of the Norwegian government (D) that the Norwegian government (D) would not make any difficulty in the settlement of the question.
Issue:
Is a reply given by the Minister of Foreign Affairs on behalf of his government binding upon the country to which the Minister belongs?
Rule:
a reply given by the minister of foreign affairs on behalf of his govt. is binding upon the country to which the minister belongs.
Analysis:
The Vienna Convention on the Law of Treaties is the main source of international law on treaties. The Convention was ratified by 35 countries but not by the United States. Unilateral statements may also be binding on states.
Outcome:
Yes. A reply given by the Minister of Foreign Affairs on behalf of his government is binding upon the country to which the Minister belongs. It is beyond dispute that a reply of the nature given here in response to a request by the diplomatic representative of a foreign power is binding upon the country the Minister represents
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