49 Pacta Tertiis and the Agreement for the Implementation of the Straddling and Highly Migratory Fish Stocks Provisions of the United Nations Convention on the Law of the Sea

Abstract

Starting from the generally hailed innovative character of the compliance and enforcement part of the 1995 Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, the question is raised whether this new approach breaks new ground with respect to the pacta tertiis rule in international law.
In particular, this Article analyses the relevant provisions of this new agreement in order to find out whether this agreement does in fact create a legal framework in which so-called third states can become bound by conservation and management measures established by competent subregional or regional fisheries management organizations without their consent. This study proved necessary in view of the totally opposing answers suggested so far in the specialized legal literature on this fundamental question.