High seas fishing in the 21st century: A critique of Grotius, the Law of the Sea Convention, and the global commons

After four decades of escalating world fish catches, 1992 marked the third consecutive year that the world fish catch declined markedly. Virtually every fishing region in the world is in peril. The focus of this paper examines the reasons why fish species, especially straddling fish stocks and highly migratory fish species are being depleted. The method utilized for examining the fisheries crisis involves a legalistic approach. Norms of international law regarding the freedom of High Sea fishing are critiqued, as is the international legal instrument that codified these norms, the Law of the Sea Convention. Also, this thesis focuses on precedent setting management policies found in the international commons of Antarctica and on the international whaling regime. This evaluative approach leads to the conclusion that the traditional notion in international law of the freedom of the High Seas is antiquated and needs to be reinterpreted. More regulation in the High Seas will be witnessed in the 21st century. New legal documents are needed if the desire to manage the international commons based on notions of inter-generational equity is to remain.