Year

1998

Degree Name

Doctor of Philosophy

Department

Centre for Natural Resources Law and Policy

Abstract

The thesis shows that there are three phases to the responses of the Pacific Island States to tuna management obligations in the LOSC. The first phase, from 1979 to 1989 involved strengthening the organisation of the Pacific Island States to co-ordinate their relationship. The second phase, from 1990 to 1996, was characterised by efforts to improve the regulation of foreign fishing vessels' activities in the region. The third phase, from 1997 onwards will involve reviewing the present tuna management and conservation arrangements to reflect principles of responsible tuna management and conservation. The review should take into account the new international instruments developed by the international community.

The overall conclusion the thesis draws are as follows:

• That the LOSC gives coastal States the authority to manage and conserve tuna in their EEZ. This authority carries with it the responsibility to ensure that tuna resources are not over-exploited. The obligation to conserve and manage may be implemented individually or it may be exercised co-operatively between the coastal States and also between the coastal States and DWFNs;That the responses of the Pacific Island States in general to the tuna provisions of the LOSC have complied with the LOSC imperatives for the management and conservation of tuna. However, the responses do not go far enough to discharge all the fisheries obligations of the LOSC; and;

• That the challenge for future tuna management arrangements is to ensure that co-operative arrangements are made with DWFNs to ensure that tuna is managed throughout its entire range and that conservation obligations are clearly reflected in the responses of the Pacific islands to the challenges arising from the EEZ regime.

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