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Request for an Advisory Opinion submitted by the Sub-Regional Fisheries Commission (SRFC)

International Tribunal for the Law of the Sea.  02 April 2015 .

Published online by Cambridge University Press:  17 March 2021

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Abstract

International tribunals — International Tribunal for the Law of the Sea — Jurisdiction — Advisory jurisdiction — Whether Tribunal having jurisdiction to give Advisory Opinion requested by Sub-Regional Fisheries Commission — Statute of Tribunal — Article 21 of Statute — Rules of Tribunal — Whether prerequisites for exercise of advisory jurisdiction satisfied — Article 138 of Rules — Advisory opinion

Sea — Treaties — United Nations Convention on the Law of the Sea, 1982 (“UNCLOS”) — Illegal, unreported and unregulated fishing activities within exclusive economic zone — Obligation of flag State — Liability and responsibility — Obligation to take necessary measures — Articles 58(3), 62(4), 92, 94(6) and 192 of UNCLOS — Obligation of due diligence — Obligation of cooperation

International organizations — International fisheries agreements — Fishing licence — Violation of coastal State legislation — Liability of international organization — Request for information on responsible party — Article 6(2) of Annex IX to UNCLOS

Environment — Marine environment — Conservation — Sustainable management of shared stocks and stocks of common interest — Rights and obligations of coastal State — Articles 61(2), 63(1) and 64(1) of UNCLOS — Exchange of scientific information — Due diligence obligations to seek to agree and cooperate

Type
Case Report
Copyright
© Cambridge University Press 2021

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