Conservation and management of transboundary fish stocks: Comments in light of the adoption of the 1995 agreement for the conservation and management of straddling fish stocks and highly migratory fish stocks

Abstract

The 1982 United Nations Convention on the Law of the Sea has not properly settled the question of conservation and management of straddling fish stocks and highly migratory fish stocks in areas beyond zones under national jurisdiction, despite the recognition of the interdependence of these stocks with those located within exclusive economic zones. As a consequence, unregulated fishing under the open access regime of the high seas has caused overfishing of these living resources and has led, in recent years, to tensions between coastal states and high seas fishing states. In 1992, the United Nations Conference on Environment and Development requested that the United Nations convene a conference aimed at implementing the relevant provisions of the Convention and with a view to establishing a conservation and management regime for the two types of stocks concerned. In August 1995, the conference adopted an agreement for the conservation and management of straddling fish stocks and highly migratory fish stocks. Although the agreement is generally considered to be in accordance with the relevant provisions of the Convention, it nevertheless contains innovative provisions that might be considered as marking a departure from the latter. This article attempts to analyze the agreement in relation to the Convention, other relevant instruments, and state practices, and identifies where the agreement has contributed to an effective implementation of the relevant provisions of the Convention and where it has gone beyond its regime in order to deal with recent fisheries management issues not foreseen in 1982.