Settlement procedures for compatibility disputes in the 1995 United Nations Fish Stocks Agreement

Alexandros X.M. Ntovas

Chapter 3 in Fisheries Compatibility Disputes, 2026, pp 88-150 from Edward Elgar Publishing

Abstract: The regulation of straddling and highly migratory fish stocks can give rise to complex disputes over the spatial scope of conservation and management measures. While unresolved disagreements may amount to serious legal disputes, their inclusion under compulsory procedures entailing binding decisions remains contested under the 1982 United Nations Convention on the Law of the Sea. A central challenge lies in balancing States’ interests in compatibility-related fisheries disputes, a tension intensified by divergent interpretations of the compatibility rule and uncertainty over the jurisdiction of international adjudication forums. Central to this debate is article 32 of the 1995 United Nations Fish Stocks Agreement, which incorporates by reference the fisheries limitation in article 297(3) of the 1982 United Nations Convention on the Law of the Sea. This chapter examines the application of dispute settlement provisions in both treaties, critically assessing the interpretive boundaries and procedural consequences of the fisheries limitation in determining the applicability of compulsory dispute settlement mechanisms.

Keywords: Article 297(3) of the 1982 United Nations Convention on the Law of the Sea; Article 32 of the 1995 United Nations Fish Stocks Agreement; Compatibility-related Fisheries Disputes; Compulsory Jurisdiction; Third-party Dispute Settlement (search for similar items in EconPapers)
Date: 2026
ISBN: 9781800378605
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