LIVING RESOURCES IN THE EXCLUSIVE ECONOMIC ZONE
Project DescriptionFinally, a description of the regime would not be complete without mentioning the subject of dispute settlement as it is detailed in Article 297(3). With regard to fisheries disputes concerning the interpretation or application of Convention provisions, they are to be settled by a binding form of dispute settlement. However, coastal states are not obliged to submit disputes relating to the exercise of sovereign rights with respect to living resources in the exclusive economic zone to any form of compulsory dispute settlement procedures. The issues under this exception include the coastal state's discretionary powers for determining allowable catch, its harvesting capacity, the allocation of surpluses to other states and the terms and conditions established in its conservation and management laws and regulations.
However, a coastal state would be obliged to submit to conciliation certain specific disputes - those arising from an allegation that:
(i) a coastal state has manifestly failed to comply with its obligations to ensure through proper conservation and management measures that the maintenance of the living resources in the exclusive economic zone is not seriously endangered;
(ii) a coastal state has arbitrarily refused to determine, at the request of another state, the allowable catch and its capacity to harvest living resources with respect to stocks which that other state is interested in fishing; or
(iii) a coastal state has arbitrarily refused to allocate to any state, under Articles 62, 69 and 70 and under the terms and conditions established by the coastal state consistent with the Convention, the whole or part of the surplus it has declared to exist.