Abstract

This chapter digs back into history to consider whether Hugo Grotius, so often associated with the origins of high seas freedoms, was really as staunch a supporter of the freedom of fishing as he is generally depicted today. It addresses the period right after the entry into force of the 1982 United Nations Convention on the Law of the Sea (LOS Convention) when a dispute arose between Canada and the European Union (then still the European Communities) that spiraled out of control. The chapter analyzes the contemporary period and the new legal framework that has been created to address the issue of overfishing on the high seas. It devotes particular attention to regional fisheries management organization (RFMOs), as they are today the primary legal mechanism available to tackle this issue.Keywords: Canada'sCoastal Fisheries Protection Act; European Union; high seas; Hugo Grotius; Law of the Sea (LOS) Convention; regional fisheries management organization (RFMO)

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