1 1U.S. Senate Foreign Relations Committee The author was a congressional observer on the United States Delegation to the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks and wishes to thank all the members of the delegation for their assistance. The views expressed in this article are the author's alone and do not necessarily reflect those of the U.S. government or the U.S. Senate Foreign Relations Committee.
2. United Nations Convention on the Law of the Sea, Montego Bay, December 10, 1982, UN document A/Conf. 162/122. @ 1996 by The University of Chicago. All rights reserved. 0-226-06615-0/96/0012-0006$01.00
3. Agenda 21, United Nations Programme of Action on Sustainable Develop- ment, the final text of agreements negotiated by governments at UNCED, 3-14 June 1992, Rio de Janeiro. 4. UN document A/Conf. 164/ 10. 5. UN document A/Conf. 164/13.
6. For a detailed review of the events as they unfolded through the successive sessions, see Chad Carpenter, Lewis Clifton, Emily Gardner, and Patrick Moran, EarthNegotiationsBulletin 7, no. 54 (1995.
7. Draft Agreement for the Implementation of the Provisions of the United Nations Convention on the law of the Sea of 10 December 1982 relating to the Conser- vation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, 3 August 1995, UN document A/Conf. 164/33, Arts. 10 (a), 10 (c), 10 (d). 8. Treaty on Fisheries between the Governments of Certain Pacific Island States and the Government of the United States of America, 2, April 1987; Convention on the Conservation and Management of Pollock Resources in the Central Bering Sea, Senate Treaty Document 103-27, 103d Cong., 2d sess., 1994. 9. In effect, this qualification of the MSY concept calls for the application of the optimum sustainable yield (OSY) and addresses concerns over the shortcomings of the MSY. The interrelatedness of the stocks provision is particularly important with regard to by-catch and other impact on nontarget species.
10. Draft Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (n. 7 above), Art. 5.
11. Draft Code of Conduct for Responsible Fisheries, revised version, 28 Sep- tember 1995, Food and Agriculture Organization, Rome, FAO document CCRF (Rev. 1) E.
12. The United States has signed the new Part XI agreement, and the Clinton administration has forwarded the treaty to the Senate for its advice and consent. It is still unclear whether and when the LOS Convention will be ratified. 13. For a more detailed discussion on the compatibility of the LOS Convention and the CBD as they pertain to marine genetic resources, see L. Glowka, "The Deepest of Ironies: Genetic Resources, Marine Scientic Research, and the Area," in this volume.