36
J. A. GULLAND AND J . E. CARROZ
adopted by only one vote of the two-thirds majority required, had a
definite influence on subsequent national and international measures.
The proposal envisaged :
(1) Allowing states to claim as territorial sea an area extending up
to 6 miles from the coast.
( 2 ) Allowing states to claim exclusive fishing rights in a fishing zone
immediately beyond the territorial sea extending up to 12 miles
from the coast. States whose vessels had hahitually fished in the
outer 6 miles of the fishing zone (i.e. the entire fishing zone if
states claimed a 6-mile territorial sea plus a 6-mile fishing zone)
for a period of five years immediately preceding 1 January 1958
would have been entitled to continue such fishing for a period of
ten years after 31 October 1960.
(3) Allowing a coastal state, subject to certain safeguards, to claim
preferential fishing rights in any area of the high seas adjacent to
its exclusive fishing zone, when it was scientifically established
that a special situation or condition made the exploitation of the
living resources of the high seas in that area of fundamental
importance to the economic development of the coastal state or
for food supplies for its population.
Since 1960, several states have enacted legislation providing for an
exclusive fishing zone extending to 12 miles from the coast. In addition,
bilateral agreements have bccn concluded on the basis of the 1960
proposal and a European Fisheries Convention was signed in 1964.
While the Convention does not contain any statement on the breadth
of the territorial sea, it does provide that the contracting parties have
the exclusive right to fish and exclusive jurisdiction in matters of
fisheries within the belt of 6 miles measured from the baseline of their
territorial sea ; within the belt between the 6 and 12 mile limit, the right
to fish shall be exercised only by the coastal state and by any other
contracting parties, the fishing vessels of which have habitually fished
in that belt between 1 January 1953 and 31 December 1962. Thc right
granted to the fishing vessels of the other contracting parties is not
limited in time, but they may not direct their fishing effort towards
stocks of fish or fishing grounds substantially different from those
which they have habitually exploited. Furthermore, the coastal state
may, under the Convention, regulate fisheries within the 6-12 mile belt,
provided that there is no discrimination in form or in fact against duly
authorized fishing vessels of other contracting parties. The Convention
does not specify that contracting parties will claim an exclusive 1 2 mile
fishing zone with respect to all states not parties to the Convention.
J. A. GULLAND AND J . E. CARROZ
adopted by only one vote of the two-thirds majority required, had a
definite influence on subsequent national and international measures.
The proposal envisaged :
(1) Allowing states to claim as territorial sea an area extending up
to 6 miles from the coast.
( 2 ) Allowing states to claim exclusive fishing rights in a fishing zone
immediately beyond the territorial sea extending up to 12 miles
from the coast. States whose vessels had hahitually fished in the
outer 6 miles of the fishing zone (i.e. the entire fishing zone if
states claimed a 6-mile territorial sea plus a 6-mile fishing zone)
for a period of five years immediately preceding 1 January 1958
would have been entitled to continue such fishing for a period of
ten years after 31 October 1960.
(3) Allowing a coastal state, subject to certain safeguards, to claim
preferential fishing rights in any area of the high seas adjacent to
its exclusive fishing zone, when it was scientifically established
that a special situation or condition made the exploitation of the
living resources of the high seas in that area of fundamental
importance to the economic development of the coastal state or
for food supplies for its population.
Since 1960, several states have enacted legislation providing for an
exclusive fishing zone extending to 12 miles from the coast. In addition,
bilateral agreements have bccn concluded on the basis of the 1960
proposal and a European Fisheries Convention was signed in 1964.
While the Convention does not contain any statement on the breadth
of the territorial sea, it does provide that the contracting parties have
the exclusive right to fish and exclusive jurisdiction in matters of
fisheries within the belt of 6 miles measured from the baseline of their
territorial sea ; within the belt between the 6 and 12 mile limit, the right
to fish shall be exercised only by the coastal state and by any other
contracting parties, the fishing vessels of which have habitually fished
in that belt between 1 January 1953 and 31 December 1962. Thc right
granted to the fishing vessels of the other contracting parties is not
limited in time, but they may not direct their fishing effort towards
stocks of fish or fishing grounds substantially different from those
which they have habitually exploited. Furthermore, the coastal state
may, under the Convention, regulate fisheries within the 6-12 mile belt,
provided that there is no discrimination in form or in fact against duly
authorized fishing vessels of other contracting parties. The Convention
does not specify that contracting parties will claim an exclusive 1 2 mile
fishing zone with respect to all states not parties to the Convention.