The 1995 United Nations Straddling and Highly Migratory Fish Stocks Agreement: Management, Enforcement and Dispute Settlement

The 1995 United Nations Straddling and Highly Migratory Fish Stocks Agreement: Management,... 119 The 1995 United Nations Straddling and Highly Migratory Fish Stocks Agreement: Management, Enforcement and Dispute Settlement Peter Örebech University of Tromsö, Norway Ketill Sigurjonsson University of lceland and Ted L. McDorman University of Victoria, British Columbia ABSTRACT The 1995 UN Straddling and Highly Migratory Fish Stocks Agreement is designed to implement the management principles of the LOS Convention applicable to these stocks. This contribution focuses upon those aspects of the 1995 Agreement related to surveillance and enforcement, dispute settlement and the role and competence of regional fisheries management organisations (RFOs). The Agreement seeks to delegate fisheries management authority over straddling stocks to the RFOs. A key issue that will confront an RFO will be compatibility of management measures inside and outside the 200-nautical mile zone. An RFO will have to choose between a "top down" (the RFO managing the entire stock) or a "bottom up" (the coastal state having independent authority within 200 nautical miles) approach. While the 1995 Agreement is careful not to trample upon coastal state jurisdiction within 200 nautical miles, the preferred resource management approach supported by the 1995 Agreement and this contribution is the "top down" model. Introduction One of the pressing international http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The International Journal of Marine and Coastal Law Brill

The 1995 United Nations Straddling and Highly Migratory Fish Stocks Agreement: Management, Enforcement and Dispute Settlement

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Publisher
Brill
Copyright
© 1998 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0927-3522
eISSN
1571-8085
D.O.I.
10.1163/157180898X00238
Publisher site
See Article on Publisher Site

Abstract

119 The 1995 United Nations Straddling and Highly Migratory Fish Stocks Agreement: Management, Enforcement and Dispute Settlement Peter Örebech University of Tromsö, Norway Ketill Sigurjonsson University of lceland and Ted L. McDorman University of Victoria, British Columbia ABSTRACT The 1995 UN Straddling and Highly Migratory Fish Stocks Agreement is designed to implement the management principles of the LOS Convention applicable to these stocks. This contribution focuses upon those aspects of the 1995 Agreement related to surveillance and enforcement, dispute settlement and the role and competence of regional fisheries management organisations (RFOs). The Agreement seeks to delegate fisheries management authority over straddling stocks to the RFOs. A key issue that will confront an RFO will be compatibility of management measures inside and outside the 200-nautical mile zone. An RFO will have to choose between a "top down" (the RFO managing the entire stock) or a "bottom up" (the coastal state having independent authority within 200 nautical miles) approach. While the 1995 Agreement is careful not to trample upon coastal state jurisdiction within 200 nautical miles, the preferred resource management approach supported by the 1995 Agreement and this contribution is the "top down" model. Introduction One of the pressing international

Journal

The International Journal of Marine and Coastal LawBrill

Published: Jan 1, 1998

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