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The 1992 Fishery Agreement Between the European Economic Community and the Argentine Republic

  • A. Daverede

Abstract

The Fishery Agreement concluded in 1992 between the European Economic Communities and the Republic oj Argentina provides an excellent example of the negotiating process leading to the conclusion of a treaty in the field of international fisheries. The Agreement shows how widely diverging interests and seemingly opposing views can be reconciled by two parties prepared to negotiate constructively and to develop a new generation of agreements. This article should be considered against the background formed by developments in the law of the sea. Particularly in the fields of the protection of the environment, the administration of resources and development policy, and the diverging interests that coastal states and ‘distant water fishing states’ have in these matters. To place the conclusion of this Treaty in the appropriate context, an overview of the structural and economic conditions of the fishery sector in Argentina and the European Communities will be given. Finally, the innovative technicalities of the new treaty will be discussed against this background.

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1. The Agreement was approved by the EEC on September 16, 1993. It is under consideration before the Argentine Congress, which is expected to approve it in the near future.

2. See D.P. O'Connell, The International Law of the Sea, vol. I, 524 (1982).

3. See Intereses argentinos en el mar, paper read at a 1918 Meeting of the Brasilian Bar Association.

4. See F.V. García Amador, Latin America and the Law of the Sea (1972) Edmundo Vargas Carreño, América Latina y el Derecho del Mar (1973) Javier Illanes Fernández, El Derecho del Mar y sius problemas actuates (1974).

5. Report of the Expert Consultation on the Conditions of Access to the Fish Resources of the Exclusive Economic Zones, Rome, 11–15 April 1983. FAO Fisheries Report No. 293.

6. 72.4% common hake, 15.1% other ground species of the central region, 2.3% austral species, 5.5% pelagic stocks, 3.4% squid and 1.3% other molluscs and crustaceous.

7. Hake represented 53%, other ground species of the central region 10.6%, austral species 14%, pelagic stocks 3.8%, squid 11% and other molluscs and crustaceous 3.7%.

8. See FAO Conference document C 91/LIM/47.

9. O.J. 1986, L.376/7 and O.J. 1990, L.380/1.

* Prof. dr. A. Daverede is the Legal Advisor at the Argentine Ministry of Foreign Affairs. Former Professor of Public International Law at the University of Buenos Aires and other institutions. He currently teaches Diplomatic and Consular Law at the Argentine Catholic University. This article is based on a lecture presented at the Second Argentine-Netherlands Seminar on International Law, Leiden, April 1993.

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