The Convention also recognizes the "special interest" of the coastal State "in the maintenance of the 

 productivity of the living resources in any area of the high seas adjacent to its territorial sea."' ' 

 Accordingly, it gives the coastal State the right to (1) "take part on an equal footing in any system of 

 research and regulation for purposes of conservation of the hving resources of the high seas in that area, 

 even though its nationals do not carry on fishing there;"' ^ and (2) request any State, whose nationals 

 are engaged in fishing in that area, to enter into negotiations looking to agreement on the necessary 

 conservation measures.' ^ 



If agreement is not reached within six months of the opening of the negotiations, the coastal State 

 may "adopt unilateral measures of conservation appropriate to any stock of fish" in the area.''* These 

 measures shall be vahd as to other States only if (a) there is a need for urgent application of conservation 

 measures in the light of the existing knowledge of the fishery; (b) the measures adopted are based on 

 appropriate scientific findings; and (c) they do not discriminate in form or fact against foreign 

 fishermen." 



No State whose nationals are fishing in that area shall enforce conservation measures therein which 

 are opposed to those adopted by the coastal State.'* However, if the coastal State's measures are not 

 accepted by the other States concerned, any one 5f them may invoke the dispute settlement machinery 

 to test their validity.' ' The measures remain obligatory upon the other States unless the arbitration 

 agency suspends them pending the outcome of the proceedings before it.'* 



If the coastal State does not adopt conservation measures unilaterally and no agreement on such 

 measures is reached within 12 months after the opening of negotiations requested by the coastal State, 

 any of the States concerned may invoke the dispute settlement machinery.' ' 



Even if its nationals are not engaged in fishing in an area of the high seas not adjacent to its coast, any 

 State which has a special interest in the conservation of the living resources of the high seas in that area, 

 may request the States whose nationals are engaged in fishing there to adopt the necessary conservation 

 measures, indicating the scientific reasons which make the measures necessary and its special interest.^ ° 

 It may then invoke the same procedures looking to agreement or, failing agreement, to settlement of the 

 dispute, as the coastal State.^' But unlike the coastal State, it is not entitled to adopt unilateral 

 conservation measures or even "to take part on an equal footing in any system of research and 

 regulation" for conservation purposes.^ ^ 



3. Dispute Settlement Machinery 



Unless agreement is reached on some other method of peaceful settlement, disputes are to be settled 

 by a five-member special commission named by the parties to the dispute.^ ^ If they cannot agree on the 



"W Alt. 6 (1). The concept of the coastal State's "special interest" in conservation may be traced to the Truman 

 Proclamation of 1945. Presidential Proclamation 2668, Sept. 28, 1945, 10 Fed. Reg. 123040 (1945). Neither the 

 Convention nor the Proclamation defmes what areas are "adjacent" to the territorial sea or "contiguous" to the coasts 

 of the United States, as the case may be. 



'Vd., Art. 6(2). 



'^W., Art. 6(3). 



'''W., Art. 7(1). 



'^/d, Art. 7(2). 



'*W., Art. 6(4). 



"m, Art. 7(4). 



'*/d.. Art. 7 (4) and 10 (2). 



"/d, Art. 6(5). 



^°M, Art. 8 (1). 



^'/d, Art. 8 (1) and 8 (2). 



^^M., Alt. 6 (2). 



^^/d., Art. 9(1) and 9 (2). 



VIII-106 



