Recent Developments in Ireland: The Voisinage Doctrine and Irish Waters: Recent Judicial and Legislative Developments

Abstract

ABSTRACTVoisinage arrangements allowing mutual and reciprocal cross-boundary fishing practices in inshore waters exist throughout the world. In the case of the island of Ireland, the practice between Irish and Northern Irish fishermen was articulated in an exchange of letters between Northern Ireland and the Republic of Ireland in the mid-1960s, the terms of which proved later to be incomplete, unpublicized, and to be overtaken by subsequent changing fishery practices. The problem over voisinage rights for Northern Irish fishermen in Irish waters culminated in litigation by Irish mussel-seed fishermen before the Irish Supreme Court. In 2016 the Court found the existing arrangement to be deficient in Irish domestic law. This has necessitated amending legislation, which is presently proceeding through the Irish parliament.