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Twelfth session of the Regional Commission for Fisheries (RECOFI) - RECOMMENDATIONS AND OUTCOMES FROM THE REVIEW CONFERENCE ON THE AGREEMENT FOR THE IMPLEMENTATION OF THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA OF 10 DECEMBER 1982 RELATING TO THE CONSERVATION AND MANAGEMENT OF STRADDLING FISH STOCKS AND HIGHLY MIGRATORY FISH STOCKS 22-26 MAY 2023

RECOFI/XII/2023/6











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    Pacta Tertiis and the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks 2000
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    Pacta tertiis is a rather cryptic description of a basic rule of customary international law which dates back to Roman law, and which reads in full pacta tertiis nec nocent nec prosunt. With respect to treaty law, this rule was codified in the Convention on the Law of Treaties of 1969, which states that treaties do not “create either obligations or rights for a third State without its consent”. This rule seems to be generally accepted today.
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    Structure and Process of the 1993-1995 United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks 1995
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    This paper reviews the structure and process of the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks, convened in New York at United Nations headquarters in April 1993 and concluded in December 1995, in accordance with United Nations General Assembly resolution 47/192. The purpose of the Conference was to secure international agreement, consistent with the 1982 United Nations Convention on the Law of the Sea, for the enhanced conservation and management of st raddling fish stocks and highly migratory fish stocks. The paper does not attempt a comprehensive analysis of the many complex issues considered by the Conference nor an assessment of the debate. Rather, the paper provides factual information on the proceedings and the outcome of the Conference. By consensus at its sixth session in August 1995, the Conference adopted the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 19 82 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks. The Final Act of the Conference and the Agreement opened for signature on 4 December 1995. On this date 45 States signed the Final Act and 25 States signed the Agreement. It will be open for signature for one year from 4 December 1995. The Agreement will take effect 30 days after the receipt of the thirtieth instrument of ratification or accession.
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    The Impact of Article 7(2) of the Fish Stocks Agreement on the Formulation of Conservation and Management Measures for Straddling and Highly Migratory Fish Stocks 1999
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    This paper analyzes factors to be taken into account under the 1995 Fish Stocks Agreement in determining compatible conservation and management of straddling fish stocks and highly migratory fish stocks for the high seas and areas under national jurisdiction. It also suggests considerations which can be taken into account in balancing them. The absence of guidance determining the measures of the Agreement has been one of the factors contributing to disputes between coastal states and states fish ing on the high seas.

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