Jurisdictional Issues in the Settlement of Disputes Concerning Straddling Fish Stocks under UNCLOS

An issue which may arise in the dispute settlement system under the United Nations Convention on the Law of the Sea (UNCLOS) is whether international disputes over fish stocks straddling the exclusive economic zone (EEZ) and the high seas are subject to the compulsory procedures set out in UNCLOS. Fish stocks which straddle the EEZ and the high seas can create more intractable fisheries disputes. This jurisdictional issue is therefore particularly important. UNCLOS or the Fish Stocks Agreement did not resolve the ambiguity as to the applicability of the compulsory dispute settlement procedures to straddling fish stocks disputes. No definitive conclusion can be drawn from the text of UNCLOS or supplementary means of interpretation, including the travaux préparatoires. Against that background, this chapter examines the jurisdiction of adjudicative bodies acting under Part XV of UNCLOS with regard to disputes on straddling fish stocks from three viewpoints: the consent of States, the effective settlement of international disputes, and safeguarding common interests of the international community or community interests.