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The Effectiveness of the Decision-Making Machinery of CCAMLR: An Assessment

  • Francisco Orrego Vicuña

Abstract

Ever since negotiations began on the regime for the management of living resources in the Southern Ocean1, the issue of conservation strategies versus harvesting goals has been underlying all discussions on the effectiveness of CCAMLR2. At an early stage the question was raised of whether the proposed convention was intended as a conservation regime or as a fisheries arrangement of the kind which is common in the world. The objectives set out in Article II of the Convention settled the matter for the time being as the ecosystem approach and multi-species regulations3 were generally hailed as both innovating in the international law of fisheries and satisfactory from the point of view of conservation aims pursued by some governments and a number of environmental organizations.

Keywords

Southern Ocean Conservation Measure Supra Note Scientific Committee Ecosystem Approach 
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Notes

  1. 1.
    For the negotiation process of CCAMLR see generally Barbara Mitchell and Richard Sandbrook, The Management of the Southern Ocean, 1980; Daniel Vignes, “La Conservation de la faune et de la flore marines de l’Antarctique”, Annuaire Francais de Droit International 1980, 741–772; David M. Edwards and John A. Heap, “Convention on the Conservation of Antarctic Marine Living Resources: a Commentary”, Polar Record, Vol. 20, 1981, 353–362CrossRefGoogle Scholar
  2. Ronald F. Frank, “The Convention on the Conservation of Antarctic Marine Living Resources”, Ocean Development and International Law, Vol. 13, 1983–1984, 291–345.CrossRefGoogle Scholar
  3. 6.
    Statement by the Australian representative to the Commission on 13 September 1985, as cited in Matthew Howard, “The Convention on the Conservation of Antarctic Marine Living Resources: a five-year review”, International and Comparative Law Quarterly, Vol. 38, 1989, 104–149CrossRefGoogle Scholar
  4. Judith G. Gardam, “Management Regimes for Antarctic Marine Living Resources — An Australian Perspective”, Melbourne University Law Review, Vol. 15, 1985, 279–312.Google Scholar
  5. 9.
    Conservation has been a long standing concern of the Antarctic Treaty System and the scientific community, for which see generally M.W. Holdgate, “The Antarctic Ecosystem”, Philosophical Transactions of the Royal Society of London, B, Vol. 252, 1967, 363–383CrossRefGoogle Scholar
  6. David Anderson, “The Conservation of Wildlife under the Antarctic Treaty”, Polar Record, Vol. 14, 1968, 25–32CrossRefGoogle Scholar
  7. Brian R. Roberts, “Conservation in the Antarctic”, Philosophical Transactions of the Royal Society of London, B, Vol. 279, 1977, 97–104CrossRefGoogle Scholar
  8. 17.
    For recent discussions on the application of the Law of the Sea to Antarctica, see generally Bernard H. Oxman, “Antarctica and the Law of the Sea”, Cornell International Law Journal, Vol. 19, 1986, 211–247Google Scholar
  9. Christopher C. Joyner, “The Exclusive Economic Zone and Antarctica: The Dilemmas of Non-Sovereign Jurisdiction”, Ocean Development and International Law, Vol. 19, 1988, 469–491.CrossRefGoogle Scholar
  10. 19.
    For a criticism of the open access system in Antarctica, see Gulland, loc. cit., supra note 17, at 117; and M.W. Holdgate, “Regulated Development and Conservation of Antarctic Resources”, in Triggs, op. cit., supra note 17, 128–142, at 129. For a discussion on the marine living resources of Antarctica see also generally, Dayton L. Alverson, “Tug-of-War for the Antarctic Krill”, Ocean Development and International Law, Vol. 8, 1980, 171–182CrossRefGoogle Scholar
  11. John E. Bardach, “Fish Far Away: Comments on Antarctic Fisheries”, Ocean Yearbook, 6, 1986, 38–54CrossRefGoogle Scholar
  12. 21.
    Oran R. Young, “The Politics of International Regime Formation: Managing Natural Resources and the Environment”, International Organization, Vol. 43, 1989, 349–375CrossRefGoogle Scholar
  13. 60.
    G.A. Knox, “The key role of krill in the ecosystem of the Southern Ocean with special reference to the Convention on the Conservation of Antarctic Marine Living Resources”, Ocean Management, Vol. 9, 1984, 113–156CrossRefGoogle Scholar

Copyright information

© The Fridtjof Nansen Institute 1991

Authors and Affiliations

  • Francisco Orrego Vicuña
    • 1
  1. 1.Institute of International Studies and Law SchoolUniversity of ChileChile

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