Regime for the high-seas fisheries

The status and prospects

image of Regime for the high-seas fisheries
This survey of the present status of the regime relating to high-seas fisheries focuses on the legal, institutional and management aspects of problems that have arisen since the conclusion of the 1982 United Nations Convention of the Law of the Sea. It discusses means for promoting more effective implementations of the high-seas fisheries regime and proposes some guidelines.



Legal framework of the 1982 Convention

In accordance with article 87 of the United Nations Convention on the Law of the Sea (referred to hereinafter as the 1982 Convention), all States enjoy freedom of fishing on the high seas. This freedom is subject to the conditions to be found in the provisions relating to the conservation and management of the living resources of the high seas. In particular, as provided in article 116, the right of a State to fish on the high seas is subject to: that State’s treaty obligations; “the rights and duties as well as the interests of coastal States provided for, inter alia, in article 63 (2) and articles 64 to 67” which deal, respectively, with straddling stocks, highly migratory species, marine mammals, anadromous stocks and catadromous species; and the other provisions of Part VII, section 2, of the Convention. The provisions of article 63 (2) and 64 to 67, though found in the section of the Convention on the exclusive economic zone, have important consequences for the conservation and management of the living resources of the high seas.


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