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Final remarks: taking fish stocks to the room of proceedings—when to agree to disagree on compatible conservation and management measures

Alexandros X.M. Ntovas

Chapter 7 in Fisheries Compatibility Disputes, 2026, pp 289-299 from Edward Elgar Publishing

Abstract: This chapter presents concluding remarks on the procedural referral of compatibility-related fisheries disputes under article 7 of the 1995 United Nations Fish Stocks Agreement, interpreted in accordance with article 31 of the 1969 Vienna Convention on the Law of Treaties. It underscores the imperative to resist unilateralism and creeping jurisdictionalism, situating the analysis within the broader jurisprudence on treaty interpretation. It explains how the procedural paradigm advanced in the book seeks to reconcile the textualist objectivity of formal interpretation with the teleological flexibility inherent in systemic integration. It is argued that this approach sustains the normative coherence of the compatibility rule while permitting pragmatic, purpose-driven reasoning. This approach will ensure effective and equitable cooperation between coastal and distant water fishing States, reinforcing their common interest in the sustainable regulation of straddling and highly migratory fish stocks in an era of elusive sustainability.

Keywords: Abuse of Rights; Article 31 of the 1969 Vienna Convention on the Law of Treaties; Article 7 of the 1995 United Nations Fish Stocks Agreement; Equity; Interpretative Concept of the Article's Structure; Principle of Effective Interpretation; Progressive Development of Conservation and Management Law; Sustainable Fisheries (search for similar items in EconPapers)
Date: 2026
ISBN: 9781800378605
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