The 1995 United Nations Straddling and Highly Migratory Fish Stocks Agreement: Management, Enforcement and Dispute Settlement

The 1995 United Nations Straddling and Highly Migratory Fish Stocks Agreement is designed to implement the management principles of the Law of the Sea Convention applicable to these stocks. This contribution focuses upon those aspects of the 1995 Agreement related to surveillance and enforcement, dispute settlement and the role and competence of regional fisheries management organizations (RFOs). The Agreement seeks to delegate fisheries management authority over straddling stocks to the RFOs. A key issue that will confront an RFO will be compatibility of management measures inside and outside the 200-nautical-mile zone. An RFO will have to choose between a "top down" (the RFO managing the entire stock) or a "bottom up" (the coastal state having independent authority within 200 nautical miles) approach. While the 1995 Agreement is careful not to trample upon coastal state jurisdiction within 200 nautical miles, the preferred resource management approach supported by the 1995 Agreement and this contribution is the "top down" model.