Rethinking the principle of abstention: the North Pacific and beyond

While the principle of abstention was established as part of the International North Pacific Fishery Convention in 1952, it was generally overlooked for several decades afterwards. The 1995 Straddling Stocks Agreement says that states parties to the Agreement enjoy a right to access to high seas fishery resources, but on the condition that they respect existing regional conservation and management measures. This Agreement also introduces the concept of a precautionary approach. The end result is that the 1995 Agreement fulfilled the same intent of the original 1952 principle of abstention—that is, it places some kinds of restrictions on high seas fishing. The degree of restrictions depends on the activities and policies of new regional fishery organizations like WCPFC and so on. Even if the new version of the principle of abstention succeeds in excluding distant fishing states from high seas, it will do little to solve the larger problems facing today's ocean fishery resources.