Law and Politics in Ocean Governance: The Fish Stocks by Geir Honneland, Are K. Sydnes

By Geir Honneland, Are K. Sydnes

The UN Fish shares contract used to be an attempt to decrease emerging conflicts and unilateral activities concerning the rights and tasks of States to take advantage of and deal with straddling and hugely migratory fish shares. It broke new flooring in foreign fisheries legislation when it comes to incorporating new environmental rules, provisions on compliance and enforcement, and the obligation of States to co-operate. This quantity explores how those commitments are acted upon by means of States in a variety of neighborhood fisheries administration regimes, overlaying fisheries from the ecu Arctic to the western and imperative Pacific Ocean. The situations selected mirror the heterogeneity of institutional preparations which are tested on the neighborhood point to regulate straddling and hugely migratory fish shares. The authors evaluation 3 confirmed nearby fisheries administration regimes and local agreements constructing such regimes, negotiated following the UN Fish shares contract.

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Additional resources for Law and Politics in Ocean Governance: The Fish Stocks Agreement of 1995 and Regional Fisheries Management Regimes (Publications on Ocean Development, 52)

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3 The Arabic, Chinese, English, French, Russian and Spanish texts of the Fish Stocks Agreement are equally authentic, Art. 50. This analysis will be based on the English text. 4 UNTS vol. htm (accessed June 2005). 5 UNTS vol. 1833, pp. htm (accessed June 2005). org/Depts/los/convention_agreements/convention_agreements. htm (accessed June 2005). 12 CHAPTER TWO The Fish Stocks Agreement is comprehensive, consisting of 50 articles divided into 13 parts, in addition to two annexes. The Chairman of the Con6 ference has identified the three pillars of the Fish Stocks Agreement: The first pillar consists of the conservation and management principles, the second pillar ensures that the measures are adhered to and complied with, and the third pillar provides for peaceful resolution of disputes.

Such plans will include the reference points, necessarily the targets/ goals on which the ordinary measures are to be based and which will ensure that they are not exceeded, and the measures to be taken if they are exceeded (Annex II, paragraphs 4 and 5). An effect of giving the reference point a clearer function is to promote more long-term considerations in fisheries management. The precautionary approach will influence both the adoption and the use of the reference points. As set out in Article 6(3)(c), states are to take into consideration a wide array of uncertainty factors, such as the size of the stocks, stock condition in relation to reference points, level of mortality, impact of fishing on non-target species and existing and predicted oceanic, environmental and socio-economic conditions.

31(1)). 20 CHAPTER TWO stocks on the high seas that are obligated to cooperate through RFMO/As as members or by applying their measures. Although the wider concept ‘states’ is used in the second sentence, which regulates the right to membership, it is natural to assume that this refers to the same states as in the first. It is also worth noting that the right and obligation to take part in establishing new RFMO/As is reserved for the relevant coastal states and states fishing for the stocks on the high seas (Art.

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