The drafting of the compatibility rule in the 1995 United Nations Fish Stocks Agreement

Alexandros X.M. Ntovas

Chapter 5 in Fisheries Compatibility Disputes, 2026, pp 211-243 from Edward Elgar Publishing

Abstract: This chapter addresses the lesser-explored procedural dimension of the compatibility rule in article 7 of the 1995 United Nations Fish Stocks Agreement, focusing on the uncertainty surrounding the application of compulsory dispute settlement procedures. It examines the interpretative relationship between the rule's substantive and procedural components and analyses how it interacts with the fisheries limitation set out in article 32 of the 1995 United Nations Fish Stocks Agreement. Adopting a strict textual approach, the chapter explores the treaty's drafting history, legislative background, and technical formulation during the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks (1993–1995). It argues that significant doctrinal considerations influenced the structure and wording of article 7, reflecting a broader tradition of legal development seen in earlier work by the International Law Commission, and in the negotiations at the First United Nations Conference on the Law of the Sea (1958) and the Third United Nations Conference on the Law of the Sea (1973–1982).

Keywords: Article 7 of the 1995 United Nations Fish Stocks Agreement; Compatibility of Conservation and Management Measures; Compulsory Settlement of Compatibility-related Fisheries; Principle of Ecosystem Approach; United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks (search for similar items in EconPapers)
Date: 2026
ISBN: 9781800378605
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