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The historical development of exploitation of
the global marine commons led to depletion of many
major fish stocks and to a growing recognition of
the need to take global collective action to limit
exploitation of the oceans. The developments in the
international law of the sea, and particularly the
emergence of the United Nations Convention on
the Law of the Sea in 1982 (UNCLOS) and other
associated agreements, have provided an essential
framework for establishing a more adequate system
of ocean governance.
The Convention elaborates a comprehensive regime
for governance of the oceans, covering all aspects
of ocean space from delimitation to environmental
control, scientific research, fishing and other
economic and commercial activities, technology and
the settlement of disputes relating to ocean
matters.
The exclusive economic zone (EEZ),
(UNCLOS, Art.55-75), was the most significant
innovation in relation to the governance of marine
fisheries resources during the second half of the
twentieth century. By the time that the LOSC was
agreed in 1982, more than 80 coastal states had
declared EEZ, mostly of 200nm.
Within this zone the coastal state enjoys
"sovereign rights for the purpose of exploring and
exploiting, conserving and managing the natural
resources, whether living or non-living"
(Art.56). The coastal state has the right to set a
total allowable catch on the basis of the best
scientific evidence available to it (Art.61). This
established a legal right for coastal states to
manage fisheries off their coasts and establishes a
framework within which coastal state can
effectively limit access to their fisheries.
In the early 1990s a consensus among states
developed that the general provisions of the LOSC
requiring co-operation between states in the
conservation and management of high seas fisheries
resources (Art. 117-120) needed strengthening. This
lead to the 1995 Agreement for the implementation
of the provisions of the United Nations Convention
on the Law of the Sea of 10 December 1982 relating
to the conservation and management of straddling
fish stocks and highly migratory fish stocks (UN
1995), also known as the United Nations Fish
Stocks Agreement.
The Agreement seeks to build upon two provisions
of the LOSC. Firstly all states have a duty to
ensure that their nationals comply with
conservation measures adopted for high seas stocks
(UN-LOSC 1982, Art.117). The second provision is
that, on the high seas, states have jurisdiction
over vessels flying their flag (UN-LOSC 1982, Art.
90-98).
The Agreement provides for the establishment of
regional fisheries management organisations. The
Agreement sets out comprehensive areas in which
such a management organisation will have competence
covering scientific research, stock assessment,
monitoring, surveillance, control and enforcement
(Art. 10). The organization can limit participation
by new entrants according a set of criteria listed
in Art. 11.
A number of other multilateral agreements
further elaborate the evolving set of rules for the
governance of fisheries. The Code of Conduct for
Responsible Fishing (1995) inter alia
spells out flag state responsibilities for the
activities of fishing vessels flying its flag and
seeks to advance management measures, by agreement
among states, that improve the optimal and
sustainable use of fisheries resources. The
Agreement to Promote Compliance with
International Conservation and Management Measures
by Fishing Vessels on the High Seas (Resolution
15/93) similarly builds on flag state
responsibility for fishing vessels flying its flag
(Art. III) and operating on the high seas.
Other important agreements which have
significant implications for the management of
fisheries resources are the 1992 Biological
Diversity Convention, The 1982 Convention on
the Conservation of Antarctic Marine Living
Resources, and the 1972 World Heritage
Convention. A range of other global and
regional treaties exist which, in some cases, have
a direct bearing on the governance of the fisheries
sector.
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