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Abstract: On 2 April 2015, the International Tribunal for the Law of the Sea (ITLOS) delivered its Advisory Opinion in response to the Request submitted by the Sub-Regional Fisheries Commission (the SRFC) on the obligations of flag States in respect of their vessels fishing in the exclusive economic zones of other States and on the obligations of coastal States to cooperate over the managements of shared stocks. The broad participation in oral and written proceedings is considered to be as a success of the case. Twenty-one States Parties, the European Union, the United States of America, as well as SRFC and 6 intergovernmental organizations participated in those proceedings. Spain was among the 7 Member States of the European Union that participated while confining its statements to the jurisdictional issue. In fact, it can be considered the most relevant aspect of the case. In part II of the Advisory Opinion the ITLOS considered these questions and decides unanimously that it has jurisdiction and that its jurisdiction is limited to the exclusive economic zones of the SRFC Member States. It decides by 19 votes to 1 to respond to the Request for an advisory opinion submitted by the SRFC. Notwithstanding, the controversy over the most important questions related to jurisdictional issue is likely to continue after the case.
Fuente: Spanish yearbook of international law, vol. 20, 2016, pp. 279-304
Año de publicación: 2016
Nº de páginas: 26
Tipo de publicación: Artículo de Revista
MARIA DEL ROSARIO OJINAGA RUIZ