The Fisheries Regime of the Exclusive Economic Zone

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Title Page Copyright Page PREFACE Table of Contents ABBREVIATIONS Chapter 1: INTRODUCTION: EVOLUTION OF THE INTERNATIONAL LAW OF FISHERIES PRIOR TO THE MID-1970s 1.1 The Regime of the High Seas: Freedom of Access or Unregulated Access 1.1.1 The Fisheries Provisions of the Geneva Conventions on the High Seas 1958 A. The High Seas Convention B. The Convention on Fishing and Conservation of the Living Resources of the High Seas 1.1.2 Regulation of Fishing through International Fisheries Organisations: An Assessment 1.2 The Exclusive Fishing Rights of the Coastal State 1.2.1 The Territorial Sea 1.2.2 The Fisheries Question at the Geneva Conferences 1958, 1960 1.2.3 The Exclusive Fishery Zone Notes and References Chapter 2: GENESIS AND DEVELOPMENT OF THE EEZ CONCEPT 2.1 Genesis of the Concept 2.2 The Economic and Political Aspects of the EEZ Concept 2.3 Crystallisation of the EEZ Concept at the Third UN Conference on the Law of the Sea 2.4 The Present Legal Regime Notes and References Chapter 3: COASTAL STATE’S FISHERIES MANAGEMENT IN THE EEZ 3.1 Coastal State’s Fisheries Rights in the EEZ 3.2 The Management Responsibilities of the Coastal State 3.2.1 Maximum Sustainable Yield and Over-Exploitation 3.2.2 The Objective of Optimum Utilisation and Under-Utilisation of the Living Resources of the EEZ 3.2.3 State Practice on Coastal State’s Management Responsibilities 3.3 Coastal State Authority over Fisheries in the EEZ 3.3.1 Coastal State Competence to Allocate Fisheries Resources of the EEZ 3.3.1.1 The Power to Determine the Allowable Catch 3.3.1.2 The Power to Determine its Harvesting Capacity 3.3.1.3 Access of Third States to the ‘Surplus’ Resources of the EEZ 1. National legislation 2. Bilateral Fisheries Agreements a) The Provisions of the New Convention on the Law of the Sea on Third State’s Access to the ‘Surplus’ Resources of the EEZ in General b) Access of Land-Locked and Geographically Disadvantaged States to the Fishing Resources of the EEZ c) State Practice on Access of Foreign Fishing Vessels to the Surplus Resources of the EEZ 3.3.2 Coastal State’s Competence to Prescribe Fisheries Regulations 3.3.3 Coastal State’s Powers to Enforce its Fisheries Laws and Regulations within the EEZ 3.4 Management of Particular Species 3.4.1 Anadromous Species a) Conservation b) Allocation c) Prescription and Enforcement of Fisheries Regulations 3.4.2 Catadromous Species 3.4.3 Sedentary Species 3.4.4 Highly Migratory Species 3.4.5 Marine Mammals 3.4.6 Management of Stocks Occurring in Two or More EEZ’s and Stocks Occurring both within the EEZ and the High Seas 3.5 Settlement of Fisheries Disputes 3.5.1 The Structure of the Dispute Settlement Machinery of the Convention 3.5.2 Settlement of EEZ Fisheries Disputes Notes and References Chapter 4: FISHERIES RESEARCH IN THE EEZ AND TRANSFER OF FISHING TECHNOLOGY 4.1 Fisheries Research 4.1.1 Access of Fisheries Scientists to the EEZ 4.1.2 Settlement of Disputes Relating to Research in the EEZ 4.1.3 Scientific Research Provisions in Bilateral Fisheries Agreements 4.2 International Cooperation and Technical Assistance 4.2.1 The Promotion of Fisheries Research in Developing Countries 4.2.2 The Promotion of Transfer of Fishing Technology 4.2.3 The Prospect for International Cooperation a) FAO’s Programme of Assistance for the Development and Management of the EEZ Fisheries of the Developing Countries b) Bilateral Fisheries Agreements Notes and References GENERAL CONCLUSIONS SELECTED BIBLIOGRAPHY ANNEX I ANNEX II