Dispute between Finland and Denmark on Shipping through the Great Belt

Abstract

In May 1991, Finland filed an application with the International Court of Justice (ICJ) to institute proceedings against Denmark in regards to a planned fixed link across the Great Belt. Finland claimed that the construction of a bridge across the Great Belt would deny access to the North Sea from the Baltic Sea for vessels taller than 65 m. Denmark, however, claimed that vessels taller than 65 m could pass through the Sound instead of the Great Belt. Finland countered that because the depth of the Sound was half the depth of the Great Belt, the Sound could not be a suitable alternative route. In addition, Finland requested of the ICJ that provisional measures be taken, but Denmark opposed this request. In 1991, the ICJ rejected Finland’s request for provisional measures and strongly urged the parties to reach a settlement themselves through negotiations. In September 1992, the prime ministers of Denmark and Finland reached a settlement. Denmark agreed to pay Finland US$15 million; and in return, Finland withdrew the case from the International Court of Justice. This paper describes the arguments and proceedings in this international dispute, discusses the case, and draws lessons learned.