Drafting antecedents of embedded clauses in the Law of the Sea

Alexandros X.M. Ntovas

Chapter 4 in Fisheries Compatibility Disputes, 2026, pp 151-210 from Edward Elgar Publishing

Abstract: The 1958 United Nations Fishing and Conservation Convention marked a key step in the progressive development of international fisheries law by allowing coastal States with a special interest to prescribe conservation and management measures on high seas areas adjacent and beyond the territorial sea. Due to the functional nature, and ambiguous scope, of the ‘special interest’ concept, it was important to introduce corresponding procedural safeguards and a system of compulsory dispute settlement. A similar drafting model has been employed in the formulation of the Exclusive Economic Zone and Continental Shelf delimitation rule under the 1982 United Nations Convention on the Law of the Sea. This chapter critically examines the drafting antecedents of article 7 of the 1995 United Nations Fish Stocks Agreement by tracing the roots of its textual formation in the embedded clause structure of the 1958 United Nations Fishing and Conservation Convention and the 1982 United Nations Convention on the Law of the Sea.

Keywords: Exclusive Economic Zone and Continental Shelf Delimitation; Special Interest in Maintaining Fisheries on High Seas Areas Adjacent and Beyond the Territorial Sea; UNCLOS/I; UNCLOS/III; United Nations International Law Commission (search for similar items in EconPapers)
Date: 2026
ISBN: 9781800378605
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