| ID | 116551 |
| Title Proper | Ambit of pactum de negotiatum in the management of shared fish stocks |
| Other Title Information | a rumble in the jungle |
| Language | ENG |
| Author | Kunoy, Bjorn |
| Publication | 2012. |
| Summary / Abstract (Note) | The United Nations Convention on the Law of the Sea provides for a mechanism pursuant to which coastal States, having an interest in the fishery of a shared fish stock which straddles its maritime areas under national jurisdiction is obligated to undertake negotiations on joint conservation and management measures with the other relevant coastal States. Despite the evident benefits which arise from a joint conservation and management agreement, which can maintain or restore stocks to levels that can produce the maximum sustainable yield, such negotiations often prove difficult. However, relevant coastal States are inclined for self-interest purposes to seek to maximize their allocation which may lead to a stalemate, from which complex legal questions arise, given that the obligation to seek to agree on a conservation and management measure is an obligation of conduct, as opposed to result. |
| `In' analytical Note | Chinese Journal of International Law Vol. 11, No.4; Dec 2012: p.689-726 |
| Journal Source | Chinese Journal of International Law Vol. 11, No.4; Dec 2012: p.689-726 |
| Key Words | United Nations Convention on the Law of the Sea ; Coastal States ; National Jurisdiction ; Shared Fish Stocks ; Pactum de Negotiatum |