Revision of U.S. ratification of UNCLOS necessary to control overfishing from Tue, 07/16/2013 - 15:35
Quicktabs: Arguments
As national governments debate the merits of joining UNCLOS III, international conflicts over fishing rights continue to develop throughout the world. Of particular note are: 1) disputes in the Spratly Islands of southeast Asia; 2) negotiations between Japan and South Korea over the Islets of Takeshima; 3) negotiations between China and South Korea involving shared waters; and 4) conflicts over conservation practices between Canada, Spain, and the United States. These disputes illustrate some of the issues that need to be settled to solve the overfishing problem. In each instance, agreements are being worked out in accordance with UNCLOS III. Unfortunately, although UNCLOS III provides the framework to begin resolving these disputes, a great deal of uncertainty surrounding international fishing regulation continues.n185 In many instances who has the power to dictate fishing rights and territory remains unclear.n186 In some cases, fishing practices that lead to unhealthy depletion of fish stocks continue unchecked.n187 In other instances, temporary solutions are implemented, but the future still is unknown. Widespread acceptance of UNCLOS III would provide the necessary structure to resolve these tenuous situations.
The effects of overfishing may be the most devastating in Canada.n221 As a result, Canada has made drastic decisions in an attempt to save the fish stocks. In the 1990s, the northern cod fishery off the Grand Banks near Canada collapsed.n222 Canada made the unpopular decision to close the fishery in an attempt to maintain sustainable fish stocks within its EEZ.
The decision focused attention on nations fishing the same stocks outside Canada's EEZ. The result was the socalled "turbot [cod] war," an open conflict with fishermen from outside Canada who were perceived to be contributing to the problems on the Grand Banks. In 1995, a Canadian vessel fired warning shots and impounded the "Estai," a Spanish fishing vessel operating on the Grand Banks off the coast of Newfoundland. In a discussion about the United States' ratification of UNCLOS III, U.S. Senator Claiborne Pell argued before the U.S. Senate that similar incidents could be avoided in the future if UNLCOS III gains widespread support:
Had Canada and Spain both been party to the Law of the Sea Convention, this dispute could have been settled without the firing of shots. Regrettably, such incidents are the result of the growing uncertainty that prevails with regard to high seas fisheries and will only be avoided if the Convention on the Law of the Sea becomes a widely recognized instrument on which ... to establish a lasting regime for those fisheries.