The “Unfinished Business” of the Law of the Sea

Resumo/Abstract: Property rights are in the center of fisheries management difficulties. The problem becomes more complex when fisheries are transboundary by nature.

Extended Fisheries Jurisdiction gave the coastal states property rights and the potential of a sustainable management of fisheries resources, but the Law of the Sea doesn’t exclude free access in the High Sea. Imprecise definition of use rights in the areas of High Seas adjacent to the EEZs and the consequent difficulties in the management of the straddling stocks, made the origins of a lot of “fish wars”, in the 90s.

The U. N. Agreement (1995) on Transboundary Stocks and Highly Migratory Species pretended to be a formula of cooperation among interested states. Curiously, in the European Union, USA and Canada it was well received, but in Portugal it was seen with reserves.

Despite some interesting results, this Agreement continues to be the motive of discussion, especially in the context of NAFO. Given the poor results in restoring the stocks of cod, the leaders of Newfoundland fisheries organizations have been proposing the enlargement of EEZs and a certain rehabilitation of the juridical and economical statute of the Continental Platform.

In recent times, Portuguese Governments assured that a fundamental objective of the marine policy should be the exploitation of the Platform but, perhaps, that is not a prudent declaration. These appeals, in the media, could be interpreted, by other States, as a position of agreement with EEZ extension. In the context of Portuguese fisheries, extension of EEZs would have undesirable effects. Portugal would loose fishing opportunities for long distance fleet, without granting additional benefits or resources, given the closeness of the Platform.

The aim of the presentation is to discuss the possible efficiency gains arising from the 95-Agreement and to investigate this fracture in decision makers opinions, making the repertory of related issues, critics and doubts. And, also, to present some routes for further research in the area of straddling stocks management.

Outros seminários / Other seminars: Programa completo / Full programme.