,42
J . A. GCLLAKD AND J. E. CARROZ
category of regulations which can only be actively considered after a
specific recommendation to this effect has been passed by the
Commi ssioii.
Very few conventions list specific measures of a positive nature. An
exception is the convention setting up the North-East Atlantic Fisheries
Commission which provides that the Commission may elaborate
measures for the improvement and the increase of marine resources,
which may include artificial propagation and the transplantation of
organisms and of young.
Before reaching agreement on the type of conservation measure
that needs to be formulated, international fishery bodies normally
consider not only the biological and simple economic effects outlined
in the previous section, but also the problems of feasibility and
enforcement.
It should be pointed out that in most cases member countries are
not under a legal obligation to comply with the conservation and
management measures formulated by fishery bodies. The power of the
majority of existing commissions is limited to making recommendations,
either because the convention concerned expressly so provides, or
because the conservation measures have to be approved by member
countries before they can be applied.
I n a few cases a procedure has been evolved to facilitate acceptance
of the measures formulated by commissions. These measures may be
called potentially binding recommendations or conditional decisions.
Thus the North-East Atlantic Fisheries Commission may recommend a
number of conservation measures and member countries undertake to
give effect t o any such recommendation adopted by not less than a
two-thirds majority of the delegations present and voting. However,
any member country may object to the recommendation within a
specified period, in which case it is under no obligation to give effect
to its terms. A somewhat similar procedure exists with respect to the
measures formulated by the International Whaling Commission and by
the Permanent Commission for the South Pacific.
When conservation measures are binding on member countries,
each country is required t o ensure their application on the high seas by
its own nationals and vessels. There is, however, a trend towards a
certain measure of international control. I n fact, several conventions
establishing fishery bodies (e.g. the International Pacific Salmon
Fisheries Commission, the International North Pacific Fisheries
Commission, the International Pacific Halibut Commission, the
Japanese-Soviet Fisheries Commission for the North-West Pacific, and
the North Pacific Fur Seal Commission) grant to each member country
J . A. GCLLAKD AND J. E. CARROZ
category of regulations which can only be actively considered after a
specific recommendation to this effect has been passed by the
Commi ssioii.
Very few conventions list specific measures of a positive nature. An
exception is the convention setting up the North-East Atlantic Fisheries
Commission which provides that the Commission may elaborate
measures for the improvement and the increase of marine resources,
which may include artificial propagation and the transplantation of
organisms and of young.
Before reaching agreement on the type of conservation measure
that needs to be formulated, international fishery bodies normally
consider not only the biological and simple economic effects outlined
in the previous section, but also the problems of feasibility and
enforcement.
It should be pointed out that in most cases member countries are
not under a legal obligation to comply with the conservation and
management measures formulated by fishery bodies. The power of the
majority of existing commissions is limited to making recommendations,
either because the convention concerned expressly so provides, or
because the conservation measures have to be approved by member
countries before they can be applied.
I n a few cases a procedure has been evolved to facilitate acceptance
of the measures formulated by commissions. These measures may be
called potentially binding recommendations or conditional decisions.
Thus the North-East Atlantic Fisheries Commission may recommend a
number of conservation measures and member countries undertake to
give effect t o any such recommendation adopted by not less than a
two-thirds majority of the delegations present and voting. However,
any member country may object to the recommendation within a
specified period, in which case it is under no obligation to give effect
to its terms. A somewhat similar procedure exists with respect to the
measures formulated by the International Whaling Commission and by
the Permanent Commission for the South Pacific.
When conservation measures are binding on member countries,
each country is required t o ensure their application on the high seas by
its own nationals and vessels. There is, however, a trend towards a
certain measure of international control. I n fact, several conventions
establishing fishery bodies (e.g. the International Pacific Salmon
Fisheries Commission, the International North Pacific Fisheries
Commission, the International Pacific Halibut Commission, the
Japanese-Soviet Fisheries Commission for the North-West Pacific, and
the North Pacific Fur Seal Commission) grant to each member country