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International Tribunal for the Law of the Sea, Case 21

International Tribunal for the Law of the Sea, Case 21 * Member of the apjolp Advisory Board. On 2 April 2015 the International Tribunal for the Law of the Sea delivered its first Advisory Opinion. It was in response to four questions submitted by the State parties to the West Africa Sub-Regional Fisheries Commission ( srfc ). The Opinion clarifies a number of important issues regarding the obligations of flag States to control the activities of their vessels conducting fishing activities in the EEZ s of other States and their potential liability for failure to do this effectively. It addresses the obligations of an international organization, such as the European Union ( EU ), where vessels flying the flags of the Member States of the organization are fishing under the terms of an access agreement between the organization and a coastal State or States. It also considers the obligations of cooperation under the 1982 Convention on the Law of the Sea ( LOSC ) between coastal States and others engaged in fishing for highly migratory species in the region. The Opinion represents an important further application of the requirements of “due diligence” which were developed by the itlos Seabed Disputes Chamber in its 2011 Advisory Opinion. 1 The http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Asia-Pacific Journal of Ocean Law and Policy Brill

International Tribunal for the Law of the Sea, Case 21

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Publisher
Brill
Copyright
© 2016 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Articles
ISSN
2451-9367
eISSN
2451-9391
DOI
10.1163/24519391-00101010
Publisher site
See Article on Publisher Site

Abstract

* Member of the apjolp Advisory Board. On 2 April 2015 the International Tribunal for the Law of the Sea delivered its first Advisory Opinion. It was in response to four questions submitted by the State parties to the West Africa Sub-Regional Fisheries Commission ( srfc ). The Opinion clarifies a number of important issues regarding the obligations of flag States to control the activities of their vessels conducting fishing activities in the EEZ s of other States and their potential liability for failure to do this effectively. It addresses the obligations of an international organization, such as the European Union ( EU ), where vessels flying the flags of the Member States of the organization are fishing under the terms of an access agreement between the organization and a coastal State or States. It also considers the obligations of cooperation under the 1982 Convention on the Law of the Sea ( LOSC ) between coastal States and others engaged in fishing for highly migratory species in the region. The Opinion represents an important further application of the requirements of “due diligence” which were developed by the itlos Seabed Disputes Chamber in its 2011 Advisory Opinion. 1 The

Journal

Asia-Pacific Journal of Ocean Law and PolicyBrill

Published: Jun 3, 2016

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