Governing High Seas Fisheries The Interplay

The 1990s saw a wave of regional disputes over fish stocks that straddle both national waters and the high seas. Here, leading scholars attempt to explain the nature of these disputes. They ask whether evolving regimes meet the scientific, regulatory, and compliance-related tasks of effective management, and show the significance of regime interplay in this regard.

List of Maps

xi

List of Contributors

xiii

Abbreviations

xvii

Introduction

1

(2)

Olav Schram Stokke

Straddling stocks: overfished and under-managed

3

(3)

International responses

6

(2)

Governing high seas fisheries: outline of the book

8

(15)

PART I: HIGH SEAS FISHERIES IN INTERNATIONAL LAW

The International Law of High Seas Fisheries: From Freedom of Fishing to Sustainable Use

23

(30)

Francisco Orrego Vicuna

High seas fishing in a historical legal context: from unrestricted freedom to the prevalence of conservation standards

23

(3)

The role of the United Nations Convention on the Law of the Sea in shaping a new regime for fishing in the high seas

26

(3)

New legal perspectives for conservation and management of high seas fisheries

29

(3)

The emerging principles of international environmental law and their implementation in fisheries conservation and management

32

(3)

Ecosystem management: one area of biological unity, two jurisdictional systems

35

(5)

The development of international cooperation for high seas conservation and management

40

(4)

Freedom of fishing and conservation in the high seas: the need for mutual accommodation

44

(9)

Flags of Convenience and High Seas Fishing: The Emergence of a Legal Framework

53

(38)

Budislav Vukas

Davor Vidas

Overview of the problem

54

(3)

The law of the sea and the flags of convenience: long-standing search for a `genuine link'

57

(5)

Fishing under flags of convenience in the 1990s: the emergence of a global framework

62

(18)

Conclusion

80

(11)

Problems of Compulsory Jurisdiction and the Settlement of Disputes Relating to Straddling Fish Stocks

91

(30)

Alan Boyle

Introduction

91

(1)

Evolution of compulsory jurisdiction over fisheries disputes

92

(2)

The UNCLOS dispute settlement scheme

94

(3)

Binding compulsory settlement

97

(10)

Settlement of disputes under the Fish Stocks Agreement

107

(5)

Conclusion

112

(9)

Recent Global Agreements on High Seas Fisheries: Potential Effects on Fisherman Compliance

121

(22)

Geir Honneland

Introduction

121

(1)

Compliance in fisheries

122

(2)

Possible compliance-inducing elements of the agreements

124

(7)

Enforcement and regime linkages

131

(5)

Conclusion

136

(7)

PART II: REGIONAL APPROACHES TO STRADDLING STOCKS MANAGEMENT

The Bering Sea Doughnut Hole Convention: Regional Solution, Global Implications

143

(36)

David A. Balton

Introduction

143

(1)

Origins of the Convention

144

(7)

Negotiation of the Convention

151

(5)

Elements of the Convention

156

(10)

Global implications

166

(6)

Conclusion

172

(7)

The Sea of Okhotsk Peanut Hole: De Facto Extension of Coastal State Control

179

(28)

Alex G. Oude Elferink

Introduction

179

(1)

The situation and significance of the Sea of Okhotsk fisheries

180

(2)

Regulation of fisheries in the Sea of Okhotsk

182

(5)

The Sea of Okhotsk fishery and the Fish Stocks Agreement

187

(1)

A legal assessment of the arguments of the Russian Federation

188

(2)

Domestic factors explaining Russian policies

190

(1)

Conclusion

191

(16)

On the Borderline? Canadian Activism in the Grand Banks

207

(28)

Christopher C. Joyner

Introduction

207

(1)

Fisheries management in the Northwest Atlantic

208

(5)

The turbot issue

213

(3)

Dispute resolution: the 1995 Canadian-EC Agreed Minute

216

(3)

Implications for international fisheries management

219

(7)

Conclusion

226

(9)

Managing Straddling Fish Stocks in the North-East Atlantic: A Multiplicity of Instruments and Regime Linkages-But How Effective a Management?

235

(38)

Robin R. Churchill

Introduction

235

(2)

Pre-existing instruments

237

(4)

The herring arrangement

241

(14)

The redfish arrangement

255

(7)

The mackerel arrangement

262

(3)

Conclusion

265

(8)

The Loophole of the Barents Sea Fisheries Regime

273

(30)

Olav Schram Stokke

Regional management in the Barents Sea: bilateralism challenged

273

(6)

The effect of the Loophole dispute on the Fish Stocks Conference

279

(5)

The Fish Stocks Agreement and governance of the Loophole fisheries

284

(8)

Conclusion

292

(11)

The International Regulation of Patagonian Toothfish: CCAMLR and High Seas Fisheries Management

303

(26)

Richard Herr

Emergence of the Patagonian problem

304

(5)

CCAMLR's toothfish conservation measures

309

(7)

Unregulated fishing, the high seas, and inter-regime relations

316

(6)

CCAMLR and the future of toothfish management

322

(7)

Conclusions

329

(32)

Olav Schram Stokke

1 Providing governance of high seas fisheries

329

(3)

2 Implementing the Fish Stocks Agreement

332

(13)

3 Regime interplay and effective governance

345

(8)

4 Concluding remarks

353

(8)

Index

361

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Governing High Seas Fisheries The Interplay of Global and Regional Regimes

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