Governing Marine Living Resources in the Polar Regions
Edited by Nengye Liu, Cassandra M. Brooks and Tianbao Qin
Chapter 11: The settlement of disputes concerning conservation of fish stocks in the Arctic and Antarctic high seas: towards comprehensive compulsory jurisdiction?
Valentin J. Schatz
Abstract
This chapter explores whether it is possible to establish a compulsory dispute settlement regime for the conservation of marine living resources in the Polar Regions. It addresses the adequacy of current regimes to address the future challenges posed by increasing fishing pressure in the Polar Regions. The chapter provides an overview of relevant case law in order to identify key jurisdictional challenges for the settlement of such disputes. This overview is followed by an analysis of the legal effectiveness of the applicable dispute settlement framework based on the availability of comprehensive compulsory jurisdiction of judicial bodies. It highlights both commonalities and differences with the settlement of high seas fisheries generally.
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