Introduction

Fishing has traditionally been one of the most important uses of the oceans and is an important source of food for many communities. In 2008 81.9 million tonnes of fish were landed from vessels fishing at sea. Unsurprisingly, many states have a keen interest in fishing and fishing rights have been at the root of several major international disputes concerning the law of the sea in the past.

The regulation of fisheries is only dealt with in the general terms by the Law of the Sea Convention. The approach of the Convention on this topic is “primarily based upon the nationality orientated approach.” Under the Convention it is for flag states and coastal states to take measures relating to fisheries falling under their jurisdiction. At the same time, the Convention stresses that, wherever fish stocks are located, states should cooperate as may be necessary for their management and conservation. Cooperation is also central to the Fish Stocks Agreement that was adopted in 1995 in order to strengthen the regulatory framework applicable to highly migratory and straddling fish stocks.

There is no single international institution with responsibility for the development of international fisheries law. Much cooperation takes place at the regional or sub-regional level through regional fisheries bodies that are responsible for setting quotas, gear regulations and other specific fisheries measures.