A significant legal confrontation between the United Kingdom and the European Union is set to play out later this month as the two sides clash over the UK’s ban on sandeel fishing.

This marks the first arbitration hearing under the post-Brexit Trade and Cooperation Agreement (TCA), with proceedings scheduled to take place from 28 to 30 January 2025 at the Permanent Court of Arbitration (PCA) in The Hague.

The outcome of this case could have far-reaching implications for future UK-EU trade relations, particularly regarding the management of shared natural resources and the scope of sovereignty in conservation measures.

 

Background of the Dispute
 
Conservation Versus Economic Interests

In March 2024, the Westminster Parliament and the Scottish government respectively imposed a ban on sandeel fishing in English and Scottish waters, citing the critical role the species plays in the North Sea ecosystem. Sandeels are a key food source for larger fish species such as cod and haddock, as well as seabirds like puffins and kittiwakes, many of which face population declines. The UK government argued that overfishing of sandeels could threaten biodiversity and marine sustainability.

The EU, however, claims the ban unfairly targets European fishing vessels, particularly Danish operators, who are heavily reliant on sandeel stocks for animal feed and fish oil production. Danish fishermen argue that the UK’s restrictions violate their rights under the TCA, which guarantees EU vessels access to a portion of shared fishing resources in UK waters.

 
Origins of the Case

The EU formally initiated arbitration proceedings in October 2024 after months of failed negotiations with the UK. It argues that the UK’s ban exceeds what is necessary for conservation purposes and causes disproportionate economic harm to EU member states, particularly Denmark.

 

Arbitration Details
 
Structure of the Tribunal

The arbitration tribunal comprises three judges: Dr Penelope Jane Ridings, an expert in international law from New Zealand; Professor Hélène Ruiz Fabri of France, a renowned academic in trade disputes; and Justice David Unterhalter of South Africa, a seasoned adjudicator in international arbitration.

 
Hearing Logistics

The hearings will be conducted in the iconic Great Hall of Justice at the Peace Palace. Public access will be granted for most sessions, except those involving confidential information. Proceedings will also be live-streamed for accredited press representatives, and official photographs will be made available via the PCA’s website.