Conservation on the High Seas
Show Less

Conservation on the High Seas

Harmonizing International Regimes for the Sustainable Use of Living Resources

  • New Horizons in Environmental and Energy Law series

Simone Borg

This timely book discusses various international norms that qualify the right, which all states have to access and exploit living resources in marine areas beyond national jurisdiction, in order to promote the conservation of such species.
Buy Book in Print
Show Summary Details

Chapter 6: Enforcement jurisdiction on the high seas and the conservation of living resources

Simone Borg

Extract

Chapter 5 identified compliance and enforcement measures as one of the constituent elements which states consider to be essential for an effective conservation regime. State practice shows that despite this consensus these provisions remain the toughest to negotiate in any agreement on the subject.1 Enforcement under international law is, generally speaking, both difficult to agree upon and to implement. It is particularly challenging with respect to the conservation of living resources on the high seas, due to their vast expanses, which hamper thorough and effective enforcement. Apart from these geophysical reasons, there are also various legal stumbling blocks. UNCLOS does not establish what kind of compliance and enforcement measures should be taken by states to fulfil their obligation to adopt the ‘necessary’ conservation measures when fishing on the high seas.2 Furthermore, despite the qualifications to the freedom of fishing imposed upon the flag state, compliance and enforcement obligations on the high seas remain entrenched within its exclusive jurisdiction, unless the flag state specifically agrees otherwise. This gives rise to contrasting legal arguments as to what extent, if at all, other entities may be responsible for and allowed to secure compliance with conservation measures, when the flag state fails to do so. Responsibility for compliance depends upon whether the conservation measures were breached in a maritime zone subject to a coastal state or a flag state jurisdiction.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.