The 1995 Agreement on the conservation and management of straddling and highly migratory fish stocks: significance for the Law of the Sea Convention

On 4 August 1995, the UN Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks adopted an Agreement for the conservation and management of straddling and highly migratory fish stocks. The mandate given by the General Assembly required that the results of the Conference be fully consistent with the UN Law of the Sea Convention. The purpose of this article is to examine the significance of the agreement for the law of the sea as embodied in the Convention. It shows that the agreement constitutes an important contribution to the Convention in that it facilitates the implementation of the Conventionʹs provisions, strengthens the Conventionʹs regime, and further develops general or framework rules of the Convention. The most significant contribution lies in the development of the law with respect to such issues as the precautionary approach to fisheries, compatibility of conservation and management measures adopted for areas under national jurisdiction and those for the adjacent high seas areas, the role of regional organizations or arrangements, duties of the flag State, enforcement against foreign vessels on the high seas, and port State jurisdiction.