US and Canadian ratification of UNCLOS necessary for its provisions on overfishing to be fully effective
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Overfishing is a tremendous problem facing the world's oceans.n320 The problem is perpetuated by individual national conservation efforts.n321 Although aimed at curbing overfishing, these programs have little effect if they apply only to one nation. n322 Fish are a resource that knows no boundaries. A limit on fishing by one nation does nothing to stop overfishing by another nation that exploits the same fishery. It also can lead to international conflict, as is evidenced by the "cod war" between Iceland and the United Kingdom. Only a joint effort by the world's largest fishing nations can bring the problem under control.
UNCLOS III is not perfect. Still, it is the strongest comprehensive environmental law agreement ever created. Its provisions dealing with fisheries conservation and management stress cooperation and coordination. The Convention also provides a framework necessary to implement conservation and dispute settlement. These provisions are essential for the world to begin to solve the overfishing problem. For example, by legitimating the EEZ and other zones of control, the Convention actually encourages nations to work together. Nations must agree on boundaries and on conservation plans.
Widespread support of UNCLOS III is necessary to control overfishing. Even widespread support, however, is not enough if large fishing nations still do not adhere to the agreement. The United States and Canada have not yet ratified the convention. Without their support, the international agreement cannot be effective.
U.S. ratification of UNCLOS will boost efforts to manage fishing populations in multiple ways. First, UNCLOS provides a clear legal framework for resolving disputes between countries over fishing rights, as for example the disputes between the U.S. and Canada. Secondly, becoming a party to UNCLOS gives the U.S. Coast Guard more legal tools to enforce existing regulations within the U.S. EEZ. Finally, by aceeding to UNCLOS the U.S. will be able to better lead on cooperative solutions to the global problem of overfishing.