Prohibition of Bottom Trawling on Extended Continental Shelves: Creeping Jurisdiction or Enforcement of Sovereign Rights?

What is it about?

This article discusses whether the regime of the continental shelf includes a right to conserve living natural resources and whether a unilateral establishment of a ban on bottom trawl fishing is possible on the high seas superjacent the extended continental shelves (ECS). Based on Article 77 and Part XII of the LOSC, the article argues that coastal States can impose reasonable conservation measures to protect sedentary species from harmful fishing practices. The article also discusses how the competing rights of coastal and flag States, as well rights of coastal States with overlapping ECS entitlements should be balanced in case of the imposition of unilateral conservation measures.

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