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Cooperation and compliance control in areas beyond national jurisdiction

Author

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  • Englender, Dorota
  • Kirschey, Jenny
  • Stöfen, Aleke
  • Zink, Andreas

Abstract

Past decades have shown a constant increase in the number of international agreements regulating marine areas. Environmental changes as well as technological developments resulting in an increased use of oceans ensure the need for further governance in the future of high seas. At the same time, compliance by States with international obligations remains a considerable challenge in international law. In particular, regulations governing areas beyond national jurisdiction (ABNJ) are at risk of not being obeyed due to factual challenges posed to the control of high seas territories and the (legal) limits of the law of the sea. This article evaluates a stronger cooperation between States through the incorporation of compliance control systems in agreements regulating ABNJ in order to enhance compliance by States. For this purpose, provisions on compliance control measures which have already been established in two agreements regulating ABNJ, namely the International Convention for the Regulation of Whaling and the United Nations Fish Stocks Agreement, are analyzed. It is argued that the incorporation of compliance control elements into agreements regulating ABNJ is a promising avenue to secure improved compliance among States Parties and further implementation of this approach is recommended.

Suggested Citation

  • Englender, Dorota & Kirschey, Jenny & Stöfen, Aleke & Zink, Andreas, 2014. "Cooperation and compliance control in areas beyond national jurisdiction," Marine Policy, Elsevier, vol. 49(C), pages 186-194.
  • Handle: RePEc:eee:marpol:v:49:y:2014:i:c:p:186-194
    DOI: 10.1016/j.marpol.2013.11.022
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    Cited by:

    1. Ardron, Jeff A. & Rayfuse, Rosemary & Gjerde, Kristina & Warner, Robin, 2014. "The sustainable use and conservation of biodiversity in ABNJ: What can be achieved using existing international agreements?," Marine Policy, Elsevier, vol. 49(C), pages 98-108.
    2. Clark, Nichola A. & Ardron, Jeff A. & Pendleton, Linwood H., 2015. "Evaluating the basic elements of transparency of regional fisheries management organizations," Marine Policy, Elsevier, vol. 57(C), pages 158-166.
    3. Manuel Pacheco Coelho & José António Filipe, 2021. "Searching for a New Model of Governance in the High Seas: Game Theory Applied to International Commons Management," Mathematics, MDPI, vol. 9(19), pages 1-28, October.

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