FRONT MATTER.PMD - International Seabed Authority

Contents Foreword
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Provisions of the United Nations Conference on the Law of the Sea Relating to the
Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish
Stocks.
In the context of straddling fish stocks and highly migratory fish stocks, the Agreement
establishes norms and principles for fisheries management, many of which are of
general application to all types of fish stocks and in all jurisdictional areas. Thus, since
the conference was dealing with the marine ecosystem in which such stocks are found,
it indirectly addressed the problem of fisheries management in general. In particular,
the Agreement introduces the concept of the precautionary approach to fisheries management
both on the high seas and in areas under national jurisdiction. In this respect,
the Agreement is a blueprint for fisheries conservation and management in general and
the future of fisheries depends on how this very important agreement on conservation
and management of fisheries will be implemented by States.
The Agreement recognizes the importance of a cooperative approach to fisheries
management and calls for compatible conservation and management measures. While
the Agreement does not in any way affect the concept of sovereign rights as found in
the Convention it nevertheless emphasizes the interdependency of stocks and recognizes
that, in the final analysis, neither the coastal State nor the distant water fishing
State, can manage the stocks in isolation.
The holistic approach to management cannot be left to coastal States or fishing
States alone. There must be a framework through which they can cooperate to establish
management régimes and agree on problems of allocation and effort limitation. In
this regard the provisions of the Convention have been elaborated upon. The roles and
responsibilities of regional fisheries management organizations have been clarified
and made more meaningful as a forum for management of shared resources. In particular,
not only have the requirements for flag State responsibility been further developed
and enumerated, but also they have been supplemented by the measures that can be
taken by members of regional organizations in cases where the flag State is unable or
unwilling to take effective action itself. Thus, through a combination of the mechanisms
provided in the Agreement and the measures to be adopted through regional
organizations, an important gap in the effective application of conservation and management
measures has been filled. This is an important innovation and a major
development in international law.
The provisions of the Agreement have been supplemented by the FAO Code of
Conduct for Responsible Fisheries and the related Agreement to Promote Compliance
with International Conservation and Management Measures by Fishing Vessels on the
High Seas.
One of the important features of the Convention is that throughout its many parts,
it calls for cooperation between and among States in the implementation of its provisions.
It is to be hoped that all future problems arising from the use of the oceans will
be resolved through such cooperation.
No system of law would be complete without a mechanism for settling disputes.
In most international treaties, it is difficult to get States to agree to such a system. Even
in the case of the Charter of the United Nations, which establishes the Statute of the
International Court of Justice, there is no compulsory and binding dispute settlement
mechanism. One of the most important contributions of the Convention, therefore,
is the establishment of mechanisms and procedures for compulsory settlement of