Prohibition of Bottom Trawling on Extended Continental Shelves: Creeping Jurisdiction or Enforcement of Sovereign Rights?

Abstract

This article discusses whether the regime of the continental shelf includes a right to conserve living natural resources and whether a unilateral establishment of a ban on bottom trawl fishing is possible on the high seas superjacent the extended continental shelf (ECS). Based on Article 77 and Part XII of the United Nations Convention on the Law of the Sea, coastal States can impose reasonable conservation measures to protect sedentary species from harmful fishing practices. The article also explores how the competing rights of coastal and flag States, as well rights of coastal States with overlapping ECS entitlements, should be balanced in case of the imposition of unilateral conservation measures.