Mauritanian Fisheries Protection Case

Abstract

State responsibility — Acts and omissions of State organs and officials — Executive inaction — Re-negotiation of fisheries treaty between Spain and Mauritania — Failure of Spanish authorities to provide adequate advice and protection to Spanish fishermen during negotiating process — Action for damages — Responsibility of Spanish State for loss of vessels seized by Mauritanian authorities — Extent of duty owed by Spanish State to Spanish fleet operating off Mauritania

States — Conduct of foreign relations — Re-negotiation of fisheries treaty — Expiry of current treaty — Liability of State for failure adequately to protect nationals from loss and damage during negotiating process — The law of Spain