Enforcement of High Seas Fisheries Agreements: Observation and Inspection under the Convention on the Conservation of Antarctic Marine Living Resources

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Abstract

Reliance on exclusive flag state jurisdiction has proved ineffective in enforcing high seas fisheries agreements. The 1995 UN Fish Stocks Agreement provides for other methods of enforcement to be developed with regional fisheries organisations and arrangements to enhance and supplement flag state enforcement. One particular method referred to is that of boarding and inspection. Prior to 1995 the Convention on Conservation of Antarctic Marine Living Resources was one of the few agreements providing for establishment of a boarding and inspection scheme. This article examines the development and implementation of the CCAMLR system. It critically appraises the system and provides suggestions for improvement. In doing so, the article attempts to demonstrate the precedential value of the CCAMLR experience to programmes established or under consideration by other high seas fisheries organisations and arrangements

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