Governing Marine Living Resources in the Polar Regions
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Governing Marine Living Resources in the Polar Regions

Edited by Nengye Liu, Cassandra M. Brooks and Tianbao Qin

Bringing together leading scholars from across a diverse range of disciplines, this unique book examines a key question: How can we best conserve marine living resources in the polar regions, where climate change effects and human activities are particularly pressing?
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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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