Solutions in the Convention on the Law of the Sea to the Problem of Overfishing in the Central Bering Sea: Analysis of the Convention, Highlighting the Provisions Concerning Fisheries and Enclosed and Semi-Enclosed Seas

• Main Author: Miovski, Lourene
• Format: Text
• Language: unknown
• Published: Digital USD 1989
• Subjects: Law; Law of the Sea; Bering Sea
• Online Access: https://digital.sandiego.edu/sdlr/vol26/iss3/4; https://digital.sandiego.edu/cgi/viewcontent.cgi?article=1439&context=sdlr

In this Article, Ms. Miovski analyzes the justification, under the Convention on the Law of the Sea, for various types of fishery management control over the Central Bering Sea and the interrelationship of the freedoms, rights, duties, and interests recognized in the Convention. A number of theories are advanced to support various types of control under the Convention. After evaluating the various theories, the author considers the dispute resolution mechanisms available under the Convention as well as methods of enforcement. Finally, states' freedoms, rights, duties, and interests, recognized under the various CLOS articles and theories, are summarized. In conclusion, the Convention, though not yet in force, should be treated as customary international law in order to provide a basis for legal action by and against any state before it enters into force, and to provide a basis for legal action by and against nonsignatories after it enters into force.