Introduction

A large number of international treaties have been adopted in the field of maritime affairs since the conclusion of the Law of the Sea Convention in 1982. The Convention itself expressly foresees that States Parties will continue to regulate their relations through subsequent treaties. Among the treaties which have been concluded on the law of the sea during this period, two in particular stand out because of their close relationship with the Convention and because of the impact they have had on the regime contained therein. These are the 1994 Agreement Relating to the Implementation of Part XI of the 1982 Convention on the Law of the Sea of December 10, 1982 and the 1995 Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of December 10, 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks. Both the Part XI Agreement and the Fish Stocks Agreement have been characterized as “implementing agreements” by the international community. However, the title of the treaties does not normally have any particular significance in itself. Rather, it is more important to consider their purpose and their legal effects.

It is suggested that the importance of the implementing agreements lies in the fact that they were negotiated in order to rectify problems or omissions that were identified with the legal regime contained in the Law of the Sea Convention.