TY - JOUR

T1 - The Contribution of Fisheries Access Agreements to the Emergence of the Exclusive Economic Zone

T2 - A Historical Perspective

AU - Schatz, Valentin J.

PY - 2018

Y1 - 2018

N2 - Purpose—While international legal scholarship has devoted significant attention to the factors contributing to the emergence of the customary international law concept of the exclusive economic zone (EEZ), the role of fisheries access agreements (FAAs)—as an important factor contributing to this legal development—is often omitted or understated. This article provides a historical perspective through an in-depth study of the contribution of such FAAs to the emergence of the EEZ.Design, Methodology, Approach—Overall, the article employs a legal history approach to a question of public international law. In doing so, the article applies a hermeneutic approach to the interpretation of treaty law. It employs an empirical approach to the question of the formation of customary international law in so far as State practice is concerned. Due to the difficulty in accessing representative State practice, the empirical approach is limited to inferences drawn based on available practice and the absence of contrary practice.Findings—Provisions in FAAs and practice derived from FAAs can be evidence of opinio iuris. FAAs have contributed significantly to the formation of the customary international law concept of the EEZ.Originality, Value—This article provides an in-depth study of the contribution of FAAs to the emergence of the customary international law concept of the EEZ. The article provides a case-study of how treaty provisions may generate opinio iuris—the findings of which can be generalized and applied in other contexts.

AB - Purpose—While international legal scholarship has devoted significant attention to the factors contributing to the emergence of the customary international law concept of the exclusive economic zone (EEZ), the role of fisheries access agreements (FAAs)—as an important factor contributing to this legal development—is often omitted or understated. This article provides a historical perspective through an in-depth study of the contribution of such FAAs to the emergence of the EEZ.Design, Methodology, Approach—Overall, the article employs a legal history approach to a question of public international law. In doing so, the article applies a hermeneutic approach to the interpretation of treaty law. It employs an empirical approach to the question of the formation of customary international law in so far as State practice is concerned. Due to the difficulty in accessing representative State practice, the empirical approach is limited to inferences drawn based on available practice and the absence of contrary practice.Findings—Provisions in FAAs and practice derived from FAAs can be evidence of opinio iuris. FAAs have contributed significantly to the formation of the customary international law concept of the EEZ.Originality, Value—This article provides an in-depth study of the contribution of FAAs to the emergence of the customary international law concept of the EEZ. The article provides a case-study of how treaty provisions may generate opinio iuris—the findings of which can be generalized and applied in other contexts.

KW - Law

M3 - Journal articles

VL - 5

SP - 5

EP - 23

JO - Journal of Territorial and Maritime Studies

JF - Journal of Territorial and Maritime Studies

SN - 2288-6834

IS - 2

ER -