Page 63: of Maritime Reporter Magazine (June 1995)

iw UN Conference Addresses Law Of The Sea six-week conflict between ada and Spain set off a debate /here the responsibility lies for rcing conservational measures fishing rights in international ers, and prompted the United ions (UN) to establish mandates ntervention in international sea )utes. On March 9, officers of

Canadian Department of Fish- ;s and Oceans (DOF) fired upon, rded and seized a Spanish fish- vessel in international waters alleged violation of the total al- rable catch (TAC) of Greenland

Libut (turbot) fish directly outside nadian waters in the North At- itic. Spanish authorities denied ims of misconduct or overfishing, ur ships are fishing completely rally and are answerable only to e Spanish fisheries secretariat and

J (European Union) authorities nobody else." Spain demanded e release of the vessel, Estai, and s crew — and in retaliation for anada's action, halted all official sits to Canada, and reinstated visa squirements for Canadian tourists.

The UN responded by establish- lg a new conference, The Confer- nce On Straddling Fish Stocks And [ighly Migratory Fish Stocks, to illow up the 1982 mandates set own in the Law of the Sea Conven- ion. The goal of the UN's 1995 con- erence is to establish binding regu- ations on specific conservational neasures, and to establish a me- lium of enforcement, which was vhere the Law of the Sea Conven- tion fell short. According to

Moripaka Hayashi, Secretary of the Conference, "This is an ongoing conference in which we are trying to set regulations on how to better manage straddling fish stocks.

Hopefully, by the end of the two sessions this year, we will have adopted a binding convention or other type of recommendation. "The Law of the Sea sets down regulations which are regarded as customary international regula- tions. However, it is not clear in defining responsibilites of states — it only provides general provisions.

There has to be something more concrete."

For the provisions of the confer- ence to be binding, individual na- tions must agree to be bound by the new agreements. According to Mr.

Hayashi, "All states involved have to become party to the new agree- ment, so it can be enforced by bind- ing arbitration or judicial procedure such as tribunals." He added that

Canada has been one of the promot- ers of the recent UN conference.

Canada and Spain were not par- ties to the 1982 UN Law of the Sea

Convention; therefore, even if there was an agency of enforcement, they could not be penalized for actions contrary to its guidelines. If indi- vidual world nations each decide to ratify the agreement drafted by the

UN Conference On Straddling Fish

Stocks And Highly Migratory Fish

Stocks, action could be taken to re- solve international conflicts, and at last, there would be a Law of the Sea packing an official punch.

The most recent meeting of the contemporary UN conference was held on April 12, and more than 100 countries were represented, includ- ing the European Union (EU), which represents Spanish fishing rights.

Mr. Hayashi said the meeting pro- duced a primary draft of the final agreement. "There are a lot of areas agreed upon already. We are very close to coming to an agreement.

The only areas left to decide on are the most controversial areas."

He said the conference's last meet- ing is scheduled to take place from

July 24-August 4. The 1995 confer- ence has decided to adopt many of the regulations set down in the Law of the Sea convention, and each dispute can be resolved in any of four ways; the method will be cho- sen by the parties involved. The arbitration methods include putting the decision to a newly established

International Tribunal in Hamburg.

The conflict ended in compromise in mid-April, with the nations strik- ing an agreement on turbot fishing quotas. The conflict suggested the need for an international regula- tory agency for enforcing conserva- tion standards in international wa- ters, and prompted the formation of a 1995 UN conference. The UN is actively working to preserve the world's fishing stocks by creating an agency with the legislative power to enforce conservational regula- tions.

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