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United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks: Agreement for the Implementation of the Provisions of the United Nations Convention of the Law of the Sea of 10 December 1982, Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks

Published online by Cambridge University Press:  27 February 2017

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Type
Treaties and Agreements
Information
International Legal Materials , Volume 34 , Issue 6 , November 1995 , pp. 1542 - 1580
Copyright
Copyright ©American Society of International Law 1995

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Footnotes

*

[Reproduced from United Nations General Assembly Document A/CONF. 164/37, September 8, 1995.

[The Final Act of the Third United Nations Conference on the Law of the Sea appears at 21 I.L.M. 1245 (1982); the United Nations Convention on the Law of the Sea, of December 10, 1982, is reproduced at 21 I.L.M. 1261 (1982).

[For additional information contact the United Nations, Division of Ocean Affairs and the Law of the Sea, Office of Legal Affairs, DC2-432, 2 United Nations Plaza, New York, NY 10017 (tel.: (212) 963-3968/(212) 963- 3963).]

References

1 See Report of the United Nations Conference on Environment and Development, Rio de Janiero (June 3-14, 1992), UN Doc. A/CONF. 151/26, August 12. 1992. An Introductory Note discussing the United Nations Conference on Environment and Development appears at 31 I.L.M. 814 (1992). The following UNCED documents are reproduced in ILM: the Convention on Biological Diversity is reproduced at 31 I.L.M. 818 (1992); the Framework Convention on Climate Change appears at 31 I.L.M. 849 (1992); the Rio Declaration on Environment and Development can be found at 31 I.L.M. 874 (1992); and the Statement of Principles for a Global Consensus of the Management, Conservation, and Sustainable Development of All Types of Forests appears at 31 I.L.M. 881(1992).

2 “States should take effective action, including bilateral and multilateral cooperation, where appropriate at thesubregional, regional and global levels, to ensure that high seas fisheries are managed in accordance with the provisions of the United Nations Convention on the Law of the Sea.” Report of the United Nations Conference on Environment and Development, Rio de Janiero (June 3-14, 1992), A/CONF.151/26, Agenda 21, para. 17.49. See also the Draft Final Act of the United Nations Conference on Straddling Fish Stocks and Highly MigratoryFishStocks, UN General Assembly Doc. A/CONF.164/32,August2, 1995.

3 Agenda 21, supra note 2, para. 17.49. In particular, states should “Convene, as soon aspossible, an intergovernmental conference under United Nations auspices, taking into account relevant activities at the subregional, regional and global levels, with a view to promoting effective implementation of the provisions of the United Nations Convention on the Law of the Sea on straddling fish stocks and highly migratory fish stocks. The conference, drawing, inter alia, on scientific and technical studies by FAO should identify and assess existing problems related to the conservation and management of such fish stocks, and consider means of improving cooperation on fisheries among States, and formulate appropriate recommendations. The work and results of the conference should be fully consistent with the provisions of the United Nations Convention on Law of the Sea, in particular the rights and obligations of coastal States and States fishing on the high seas.” Id.

4 United Nations General Assembly Resolution 47/192, December 22, 1992. A UN General Assembly Second Committee (Economic and Financial) Report adopted seven draft resolutions in follow-up to the United Nations Conference on Environment and Development, which were later adopted by the General Assembly on December 22, 1992, without a vote. Draft Resolution I was adopted as General Assembly Resolution 47/188; draft Resolution II as Resolution 47/189; draft Resolution III as Resolution 47/190; draft Resolution IV as Resolution 47/191; and draft Resolution V was subsequently adopted as General Assembly Resolution 47/192. The Report and draft Resolutions appear at 32 I.L.M. 236 (1993).

5 The Conference on straddling and highly migratory fish stocks “Decides to convene in 1993, in accordance with the mandate agreed upon at the United Nations Conference on Environment and Development, an intergovernmental conference under United Nations auspices on straddling fish stocks and highly migratory fish stocks….“ General Assembly Resolution 47/192, supra note 4, para. 1; reproduced at 32 I.L.M. 263 (1993) as draft Resolution V.

6 Id. para 4.

7 Id. para. 9.

8 Draft Final Act of the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks, supra note 2, para. 16.

9 Supra note 4.

10 United Nations General Assembly Resolution 48/194, December 21, 1993.

11 United Nations General Assembly Resolution 49/121, December 19, 1994.

12 The first session was held April 19-23, 1993; the second session July 12-30, 1993; the third session March 14-31, 1994; the fourth session August 15-26, 1994; the fifth session March 27-April 12, 1995; the sixth session July 24-August 4, 1995. Draft Final Act of the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks, supra note 2, para. 6.

13 Id. para. 22.

14 Id. para. 24.

15 Id. para. 26.

16 Id. para. 27.

17 Id. para. 29.