Syma A. Ebbin, Alf H. Hoel, Are Sydnes's A Sea Change: The Exclusive Economic Zone and Governance PDF
By Syma A. Ebbin, Alf H. Hoel, Are Sydnes
This can be the 1st systematic overview of the foreign 200-mile specific financial area. thus far, a hundred forty five states have ratified the legislation of the ocean conference, and so much have tested EEZs. This quantity makes a speciality of the explicit nature of the EEZ and the development and evolution of associations stemming from its creation, in particular reading advancements at neighborhood, nationwide and overseas degrees.
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Additional info for A Sea Change: The Exclusive Economic Zone and Governance Institutions for Living Marine Resources
Another article of relevance is Article 62(4) (i), which relates to ‘terms and conditions relating to joint ventures or other cooperative arrangements’. These two provisions would allow a coastal state, to impose conditions on foreign fishing in its EEZ. These include the provision of catch data (format, content, frequency, to whom the reports should be made, etc). Overall, Part V of the LOSC does not mandate any specific or primary responsibility to collect data with respect to fishing in the EEZ.
This borders the Norwegian EZ to the south and the disputed area with Russia to the east. The area has rich fishing grounds and conflicts have arisen over access to the resources there (Churchill and Ulfstein 1992). 23 A case before the International Court of Justice to resolve the boundary with Greenland was settled in 1993. Management measures for marine mammals are decided on by the International Whaling Commission (IWC), the North Atlantic Marine Mammals Commission (NAMMCO) and the Joint Norwegian-Russian Fisheries Commission.
Article 297(3)(a) which deals with settlement of fisheries disputes refers to the ‘discretionary powers for determining the allowable catch’ of the coastal state which might suggest that Article 61(1) was not intended to be mandatory. ’ Despite the use of the term discretionary, therefore, it is arguable that the power in Article 61(1) is only discretionary as to the result achieved though mandatory as to the fact of its exercise. Such a view is supported by the consideration that if the coastal state fails to determine the allowable catch in its EEZ, the ensuing provisions of Articles 61 and 62 become redundant to a large extent.
A Sea Change: The Exclusive Economic Zone and Governance Institutions for Living Marine Resources by Syma A. Ebbin, Alf H. Hoel, Are Sydnes