IDEAS home Printed from https://ideas.repec.org/a/eee/marpol/v49y2014icp186-194.html
   My bibliography  Save this article

Cooperation and compliance control in areas beyond national jurisdiction

Author

Listed:
  • 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
    as

    Download full text from publisher

    File URL: http://www.sciencedirect.com/science/article/pii/S0308597X13002819
    Download Restriction: Full text for ScienceDirect subscribers only
    File URL: https://libkey.io/10.1016/j.marpol.2013.11.022?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    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.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:eee:marpol:v:49:y:2014:i:c:p:186-194. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Catherine Liu (email available below). General contact details of provider: http://www.elsevier.com/locate/marpol .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.