for this purpose, the Preamble emphasizes its importance and various provisions set
out the obligation to cooperate. The forms of cooperation in those provisions vary.
While some provide for direct cooperation between or among the States concerned
and some others require all States to cooperate for the specific purpose,
1 there are
many provisions that set out the obligation to cooperate directly or through international organizations, on a regional as well as universal basis.
2
This chapter focuses on the activities undertaken by universal and regional
organizations to fulfil the obligations to cooperate in the matters of the conservation
and management of fish stocks, hereafter referred to as “CMFS,” and the protection
and preservation of the marine environment, hereafter referred to as “PPME”. These
two matters are specifically taken up for the following three reasons. First, relevant
chapters concerning these two matters only set out frameworks and general rules
and, thus, their substantive and actual implementation fully depends on international
cooperation through universal, regional or subregional organizations,
3 which are
mechanisms to respond to the differing circumstances and needs of respective
regions. Second, in response to the significant development of scientific knowledge
and technologies since the adoption of the UNCLOS, there have been developments
in the substantive rules and measures. The activities of universal, regional or
subregional organizations in these matters may flexibly change in accordance with
those developments. Third, although the UNCLOS sets out the rules concerning
these two matters in different parts, there is various and complicated overlap and
interaction between the rules and approaches in relation to these two matters. Their
relationships significantly reflect the current circumstances of the law of the sea.
In Sect. 2, the precedents of international courts and tribunals are analyzed to
examine the phenomenon of the overlap of matters concerning CMFS and those
concerning the PPME. Then, in Sects. 3 and 4, the mechanisms of regional organizations for CMFS and the PPME are respectively examined and their differences are
stated.
In this chapter the term “organization” is defined as an institution established by a
legally binding convention concluded among more than two States and constituted
by at least one internal organs endowed with certain competence and functions set
out by the convention, while the word “arrangement” is defined as an institution that
lacks a formal structure equivalent to an “organization” but is designated with certain
functions to facilitate international cooperation among States sharing common
1 For example, Art. 43 sets out the obligation to cooperate between the user States and States
bordering a strait in the establishment and maintenance in the strait of necessary navigational and
safety aids or other improvements in aid of international navigation and for the prevention,
reduction and control of pollution from ships, and Article 100 provides for the obligation of all
the Parties to cooperate in the repression of piracy on the high seas or in any other place outside the
jurisdiction of any State.
2 For example, Art. 69 and 70 provide for the obligation to cooperate on a bilateral, subregional or
regional basis to ensure the interests of land-locked States and geographically disadvantaged States.
3 While the rules concerning CMRS are principally provided in Parts V and VII, Part XII sets out
those concerning the PPME.
10
M. Kawano
out the obligation to cooperate. The forms of cooperation in those provisions vary.
While some provide for direct cooperation between or among the States concerned
and some others require all States to cooperate for the specific purpose,
1 there are
many provisions that set out the obligation to cooperate directly or through international organizations, on a regional as well as universal basis.
2
This chapter focuses on the activities undertaken by universal and regional
organizations to fulfil the obligations to cooperate in the matters of the conservation
and management of fish stocks, hereafter referred to as “CMFS,” and the protection
and preservation of the marine environment, hereafter referred to as “PPME”. These
two matters are specifically taken up for the following three reasons. First, relevant
chapters concerning these two matters only set out frameworks and general rules
and, thus, their substantive and actual implementation fully depends on international
cooperation through universal, regional or subregional organizations,
3 which are
mechanisms to respond to the differing circumstances and needs of respective
regions. Second, in response to the significant development of scientific knowledge
and technologies since the adoption of the UNCLOS, there have been developments
in the substantive rules and measures. The activities of universal, regional or
subregional organizations in these matters may flexibly change in accordance with
those developments. Third, although the UNCLOS sets out the rules concerning
these two matters in different parts, there is various and complicated overlap and
interaction between the rules and approaches in relation to these two matters. Their
relationships significantly reflect the current circumstances of the law of the sea.
In Sect. 2, the precedents of international courts and tribunals are analyzed to
examine the phenomenon of the overlap of matters concerning CMFS and those
concerning the PPME. Then, in Sects. 3 and 4, the mechanisms of regional organizations for CMFS and the PPME are respectively examined and their differences are
stated.
In this chapter the term “organization” is defined as an institution established by a
legally binding convention concluded among more than two States and constituted
by at least one internal organs endowed with certain competence and functions set
out by the convention, while the word “arrangement” is defined as an institution that
lacks a formal structure equivalent to an “organization” but is designated with certain
functions to facilitate international cooperation among States sharing common
1 For example, Art. 43 sets out the obligation to cooperate between the user States and States
bordering a strait in the establishment and maintenance in the strait of necessary navigational and
safety aids or other improvements in aid of international navigation and for the prevention,
reduction and control of pollution from ships, and Article 100 provides for the obligation of all
the Parties to cooperate in the repression of piracy on the high seas or in any other place outside the
jurisdiction of any State.
2 For example, Art. 69 and 70 provide for the obligation to cooperate on a bilateral, subregional or
regional basis to ensure the interests of land-locked States and geographically disadvantaged States.
3 While the rules concerning CMRS are principally provided in Parts V and VII, Part XII sets out
those concerning the PPME.
10
M. Kawano