Abstract
Abstract This chapter analyses judicial decisions that have bearing on international fisheries and their regulation under the UN Convention on the Law of the Sea (UNCLOS). The chapter first assesses decisions relating to traditional fishing and then turns to fishing in the territorial sea. Despite jurisdictional limitations, there have been several notable judicial proceedings examining rights and obligations relating to fishing in the exclusive economic zone (EEZ). The chapter considers the scope of sovereign rights over fishing in the EEZ, the content of obligations relating to the conservation and utilisation of living resources in the EEZ, and due diligence standards. Disputes have also emerged in relation to law enforcement of fisheries regulations in the EEZ and have been addressed on the merits as well as in the context of prompt release proceedings under Article 292 of UNCLOS. The chapter discusses the small amount of case law on straddling stocks and highly migratory species before turning to fisheries disputes on the high seas and what judicial consideration has emerged in relation to the UNCLOS provisions dealing with the conservation and management of high seas fisheries.
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