Illegal Southern Ocean Fishing And Prompt Release: Balancing Coastal And Flag State Rights And Interests
A feature of the new law of the sea introduced by the 1982 United Nations Convention on the Law of the Sea (LOS Convention), 1 was the capacity for coastal states to assert vast maritime claims over waters adjacent to their coastlines. A continental shelf could be claimed out to a minimum of 200 nau...
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Online Access: | http://dx.doi.org/10.1093/iclq/53.1.171 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S0020589300067488 |
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crcambridgeupr:10.1093/iclq/53.1.171 2023-06-11T04:17:03+02:00 Illegal Southern Ocean Fishing And Prompt Release: Balancing Coastal And Flag State Rights And Interests Rothwell, Donald R Stephens, Tim 2004 http://dx.doi.org/10.1093/iclq/53.1.171 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S0020589300067488 en eng Cambridge University Press (CUP) https://www.cambridge.org/core/terms International and Comparative Law Quarterly volume 53, issue 1, page 171-187 ISSN 0020-5893 1471-6895 Law Political Science and International Relations journal-article 2004 crcambridgeupr https://doi.org/10.1093/iclq/53.1.171 2023-05-01T18:21:26Z A feature of the new law of the sea introduced by the 1982 United Nations Convention on the Law of the Sea (LOS Convention), 1 was the capacity for coastal states to assert vast maritime claims over waters adjacent to their coastlines. A continental shelf could be claimed out to a minimum of 200 nautical miles, 2 while the newly recognized Exclusive Economic Zone (EEZ) also extended out to 200 nautical miles. 3 The continental shelf had previously been recognized under the 1958 Geneva Convention on the Continental Shelf 4 and so the extension of coastal state sovereign rights over the seabed and subsoil was consistent with already existing law of the sea principles. However the EEZ, which gave to coastal states sovereign rights over the living and non-living resources of the sea-bed and adjacent waters, 5 was a new initiative of the LOS Convention and represents one of the most significant contemporary expansions of state sovereignty. By contrast with the extended continental shelf, which did not affect any significant pre-existing activities on the sea-bed, the new EEZ had a major impact upon fishing activities. As coastal states around the world eagerly proclaimed EEZs, waters previously considered high seas areas available for fishing 6 were now within the reach of state fisheries’ jurisdiction and control. The result has been that under contemporary international law those waters available for the exercise of the high seas ‘freedom’ of fishing, 7 have gradually been reduced. This new regime, in combination with parallel initiatives to regulate some aspects of high seas fishing activities, has meant that ‘legal’ fishing on the high seas is now subject to extensive regulation. Article in Journal/Newspaper Southern Ocean Cambridge University Press (via Crossref) Southern Ocean International and Comparative Law Quarterly 53 1 171 187 |
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Cambridge University Press (via Crossref) |
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English |
topic |
Law Political Science and International Relations |
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Law Political Science and International Relations Rothwell, Donald R Stephens, Tim Illegal Southern Ocean Fishing And Prompt Release: Balancing Coastal And Flag State Rights And Interests |
topic_facet |
Law Political Science and International Relations |
description |
A feature of the new law of the sea introduced by the 1982 United Nations Convention on the Law of the Sea (LOS Convention), 1 was the capacity for coastal states to assert vast maritime claims over waters adjacent to their coastlines. A continental shelf could be claimed out to a minimum of 200 nautical miles, 2 while the newly recognized Exclusive Economic Zone (EEZ) also extended out to 200 nautical miles. 3 The continental shelf had previously been recognized under the 1958 Geneva Convention on the Continental Shelf 4 and so the extension of coastal state sovereign rights over the seabed and subsoil was consistent with already existing law of the sea principles. However the EEZ, which gave to coastal states sovereign rights over the living and non-living resources of the sea-bed and adjacent waters, 5 was a new initiative of the LOS Convention and represents one of the most significant contemporary expansions of state sovereignty. By contrast with the extended continental shelf, which did not affect any significant pre-existing activities on the sea-bed, the new EEZ had a major impact upon fishing activities. As coastal states around the world eagerly proclaimed EEZs, waters previously considered high seas areas available for fishing 6 were now within the reach of state fisheries’ jurisdiction and control. The result has been that under contemporary international law those waters available for the exercise of the high seas ‘freedom’ of fishing, 7 have gradually been reduced. This new regime, in combination with parallel initiatives to regulate some aspects of high seas fishing activities, has meant that ‘legal’ fishing on the high seas is now subject to extensive regulation. |
format |
Article in Journal/Newspaper |
author |
Rothwell, Donald R Stephens, Tim |
author_facet |
Rothwell, Donald R Stephens, Tim |
author_sort |
Rothwell, Donald R |
title |
Illegal Southern Ocean Fishing And Prompt Release: Balancing Coastal And Flag State Rights And Interests |
title_short |
Illegal Southern Ocean Fishing And Prompt Release: Balancing Coastal And Flag State Rights And Interests |
title_full |
Illegal Southern Ocean Fishing And Prompt Release: Balancing Coastal And Flag State Rights And Interests |
title_fullStr |
Illegal Southern Ocean Fishing And Prompt Release: Balancing Coastal And Flag State Rights And Interests |
title_full_unstemmed |
Illegal Southern Ocean Fishing And Prompt Release: Balancing Coastal And Flag State Rights And Interests |
title_sort |
illegal southern ocean fishing and prompt release: balancing coastal and flag state rights and interests |
publisher |
Cambridge University Press (CUP) |
publishDate |
2004 |
url |
http://dx.doi.org/10.1093/iclq/53.1.171 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S0020589300067488 |
geographic |
Southern Ocean |
geographic_facet |
Southern Ocean |
genre |
Southern Ocean |
genre_facet |
Southern Ocean |
op_source |
International and Comparative Law Quarterly volume 53, issue 1, page 171-187 ISSN 0020-5893 1471-6895 |
op_rights |
https://www.cambridge.org/core/terms |
op_doi |
https://doi.org/10.1093/iclq/53.1.171 |
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International and Comparative Law Quarterly |
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53 |
container_issue |
1 |
container_start_page |
171 |
op_container_end_page |
187 |
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