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FISH-LEGAL-008 Lagalegur texti
Sjávarútvegur Lögfræðilegt
Icelandic law (Lög um stjórn fiskveiða) explicitly states that fishing quotas are not property rights. The Supreme Court has confirmed that fishing resources around Iceland are the common property of the Icelandic nation. However, the Court has also ruled that quota holders have constitutionally protected 'commercial rights' (atvinnuréttindi) under Article 72 of the Icelandic Constitution. This means quotas cannot be characterised as full ownership, but the state cannot arbitrarily revoke or reallocate them without constitutional justification. Quotas can be used as loan collateral, are subject to inheritance tax, and are treated as property in divorce proceedings.

Heimild

Icelandic Fisheries Management Act + Supreme Court Jurisprudence

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Fyrirvarar

The legal status of quotas has evolved through multiple Supreme Court rulings over decades. The 'common property' principle and 'commercial rights' protection exist in tension. The 2025 Huginn case further clarified the commercial rights doctrine. Academic and political disagreement persists about the practical implications.