About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

63 Or. L. Rev. 73 (1984)
The Law of the Sea Convention Provisions on Conditions of Access to Fisheries Subject to National Jurisdiction

handle is hein.journals/orglr63 and id is 83 raw text is: WILLIAM T. BURKE** The Law of the Sea Convention Provisions on Conditions of Access to Fisheries Subject to National Jurisdiction* I INTRODUCTION AND SCOPE T HE purpose of this Article is to review provisions of the 1982 Convention of the Law of the Sea (CLOS)' regarding condi- tions of access to fisheries subject to national jurisdiction. The discussion covers coastal State jurisdiction beyond national terri- tory, with particular focus on conditions of access in the 200-mile exclusive economic zone (EEZ). After brief clarification of the ge- ographic areas and resources involved, the relevant CLOS provi- sions are analyzed in detail. A. Fish Subject to Only One National Jurisdiction Coastal State jurisdiction encompasses living marine resources found wholly within a number of different areas in which the State exercises sole authority, including internal waters, territorial seas, archipelagic waters, the exclusive fisheries or economic zone, * This paper is a revised and updated version of a paper prepared for the Depart- ment of Fisheries of the Food and Agriculture Organization of the United Nations (FAO). Burke, 1982 Convention of the Law of the Sea Provisions on Conditions of Access to Fisheries Subject to National Jurisdiction, in REPORT OF THE EXPERT CON- SULTATION ON CONDITIONS FOR ACCESS TO THE FISH RESOURCES OF THE EXCLU- SIVE ECONOMIC ZONE, FAO FISHERIES REPORT No. 293, at 23, U.N. Doc. FIPP/FIRM/R293 (April 1983). Portions reproduced with permission of the FAO. The views expressed herein are solely those of the author. I benefited considerably from the comments of Gerald Moore and Larry Christy, of FAO, and Bill Sullivan of the National Marine Fisheries Service, but the responsibility for the contents is mine. ** Professor of Law and Marine Studies, University of Washington I The latest available version of the Convention at this writing is U.N. Doc. No. A/Conf.62/122, with a number of corrigenda, dated October 7, 1982. Unless other- wise indicated all treaty references are to this Convention.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most