The scope of obligations in Article 63(1) of UNCLOS on the management of shared fish stocks

This chapter outlines the substantive and procedural scope of Article 63(1) of UNCLOS. It also examines challenges to its implementation in relation to disputes on the conservation and management of shared fishery resources in the exclusive economic zone (EEZ). Article 63(1) enshrines a general obligation on States sharing fishery resources, which migrate or are distributed between their respective EEZs, ‘to seek to agree’ on a joint conservation and management arrangement. This obligation is one of conduct, not an obligation to agree on any arrangement. Nevertheless, it is not a mere aspiration. It encompasses specific due diligence obligations including, first, exchanging information and consulting with affected States, and second, negotiating meaningfully and in good faith with a view to arriving at a cooperative agreement. Failure to comply with Article 63(1) may be scrutinised by a court or tribunal under Part XV, Section 2, of UNCLOS. However, proving a breach of a due diligence obligation under Article 63(1) will generally be difficult.