Convention on Fishing and Conservation of the Living Resource
of the High Seas, 1958*
The States Parties to this Convention,
Considering that the development of modern techniques
for the exploitation of the living resources of the sea, increasing man's
ability to meet the need of the world's expanding population for food,
has exposed some of these resources to the danger of being over-exploited,
Considering also that the nature of the problems involved
in the conservation of the living resources of the high seas is such that
there is a clear necessity that they be solved, whenever possible, on the
basis of international co-operation through the concerted action of all
the States concerned,
Have agreed as follows:
Article 1
1. All States have the right for their
nationals to engage in fishing on the high seas, subject
(a) to their treaty obligations,
(b) to the interests and rights of coastal States as provided
for in this Convention,
(c) to the provisions contained in the following Articles
concerning conservation of the living resources of the high seas.
2. All States have the duty to adopt, or to co-operate with
other States in adopting, such measures for their respective nationals
as may be necessary for the conservation of the living resources of the
high seas.
Article 2
As employed in this Convention, the
expression 'conservation of the living resources of the high seas' means
the aggregate of the measures rendering possible the optimum sustainable
yield from those resources so as to secure a maximum supply of food and
other marine products. Conservation programmes should be formulated with
a view to securing in the first place a supply of food for human consumption.
Article 3
A State whose nationals are engaged
in fishing any stock or stocks of fish or other living marine resources
in any area of the high seas where the nationals of other States are not
thus engaged shall adopt, for its own nationals, measures in that area
when necessary for the purpose of the conservation of the living resources
affected.
Article 4
1. If the nationals of two or more
States are engaged in fishing the same stock or stocks of fish or other
living marine resources in any area or areas of the high seas, these States
shall, at the request of any of them, enter into negotiations with a view
to prescribing by agreement for their nationals the necessary measures
for the conservation of the living resources affected.
2. If the States concerned do not reach
agreement within twelve months, any of the parties may initiate the procedure
contemplated by Article 9.
Article 5
1. If, subsequent to the adoption of
the measures referred to in Articles 3 and 4, nationals of other States
engage in fishing the same stock or stocks of fish or other living marine
resources in any area or areas of the high seas, the other States shall
apply the measures, which shall not be discriminatory in form or in fact,
to their own nationals not later than seven months after the date on which
the measures shall have been notified to the Director-General of the Food
and Agriculture Organization of the United Nations. The Director-General
shall notify such measures to any State which so requests and, in any case,
to any State specified by the State initiating the measure.
2. If these other States do not accept the measures so
adopted and if no agreement can be reached within twelve months, any of
the interested parties may initiate the procedure contemplated by Article
9. Subject to paragraph 2 of Article 10, the measures adopted shall remain
obligatory pending the decision of the special commission.
Article 6
1. A coastal State has a special interest
in the maintenance of the productivity of the living resources in any area
of the high seas adjacent to its territorial sea.
2. A coastal State is entitled to take
part on an equal footing in any system of research and regulation for purposes
of conservation of the living resources of the high seas in that area,
even though its nationals do not carry on fishing there.
3. A State whose nationals are engaged
in fishing in any area of the high seas adjacent to the territorial sea
of a State shall, at the request of that coastal State, enter into negotiations
with a view to prescribing by agreement the measures necessary for the
conservation of the living resources of the high seas in that area.
4. A State whose nationals are engaged
in fishing in any area of the high seas adjacent to the territorial sea
of a coastal State shall not enforce conservation measures in that area
which are opposed to those which have been adopted by the coastal State,
but may enter into negotiations with the coastal State with a view to prescribing
by agreement the measures necessary for the conservation of the living
resources of the high seas in that area.
5. If the States concerned do not reach
agreement with respect to conservation measures within twelve months, any
of the parties may initiate the procedure contemplated by Article 9.
Article 7
1. Having regard to the provisions
of paragraph 1 of Article 6, any coastal State may, with a view to the
maintenance of the productivity of the living resources of the sea, adopt
unilateral measures of conservation appropriate to any stock of fish or
other marine resources in any area of the high seas adjacent to its territorial
sea, provided that negotiations to that effect with the other States concerned
have not led to an agreement within six months.
2. The measures which the coastal State
adopts under the previous paragraph shall be valid as to other States only
if the following requirements are fulfilled:
(a) That there is a need for urgent application of conservation
measures in the light of the existing knowledge of the fishery;
(b) That the measures adopted are based on appropriate
scientific findings;
(c) That such measures do not discriminate in form or
in fact against foreign fishermen.
3. These measures shall remain in force
pending the settlement, in accordance with the relevant provisions of this
Convention, of any disagreement as to their validity.
4. If the measures are not accepted
by the other States concerned, any of the parties may initiate the procedure
contemplated by Article 9. Subject to paragraph 2 of Article 10, the measures
adopted shall remain obligatory pending the decision of the special commission.
5. The principles of geographical demarcation
as defined in Article 12 of the Convention on the Territorial Sea and the
Contiguous Zone shall be adopted when coasts of different States are involved.
Article 8
1. Any State which, even if its nationals
are not engaged in fishing in an area of the high seas not adjacent to
its coast, has a special interest in the conservation of the living resources
of the high seas in that area, may request the State or States whose nationals
are engaged in fishing there to take the necessary measures of conservation
under Articles 3 and 4 respectively, at the same time mentioning the scientific
reasons which in its opinion make such measures necessary, and indicating
its special interest.
2. If no agreement is reached within
twelve months, such State may initiate the procedure contemplated by Article
9.
Article 9
1. Any dispute which may arise between
States under Articles 4, 5, 6, 7, and 8 shall, at the request of any of
the parties, be submitted for settlement to a special commission of five
members, unless the parties agree to seek a solution by another method
of peaceful settlement, as provided for in Article 33 of the Charter of
the United Nations.
2. The members of the commission, one
of whom shall be designated as chairman, shall be named by agreement between
the States in dispute within three months of the request for settlement
in accordance with the provisions of this Article. Failing agreement they
shall, upon the request of any State party, be named by the Secretary-General
of the United Nations, within a further three-month period, in consultation
with the States in dispute and with the President of the International
Court of Justice and the Director-General of the Food and Agriculture Organization
of the United Nations, from amongst well-qualified persons being nationals
of States not involved in the dispute and specializing in legal, administrative
or scientific questions relating to fisheries, depending upon the nature
of the dispute to be settled. Any vacancy arising after the original appointment
shall be filled in the same manner as provided for the initial selection.
3. Any State party to proceedings under
these Articles shall have the right to name one of its nationals to the
special commission, with the right to participate fully in the proceedings
on the same footing as a member of the commission, but without the right
to vote or to take part in the writing of the commission's decision.
4. The commission shall determine its
own procedure, assuring each party to the proceedings a full opportunity
to be heard and to present its case. It shall also determine how the costs
and expenses shall be divided between the parties to the dispute, failing
agreement by the parties on this matter.
5. The special commission shall render
its decision within a period of five months from the time it is appointed
unless it decides, in case of necessity, to extend the time limit for a
period not exceeding three months.
6. The special commission shall, in
reaching its decisions, adhere to these Articles and to any special agreements
between the disputing parties regarding settlement of the dispute.
7. Decisions of the commission shall
be by majority vote.
Article 10
1. The special commission shall, in
disputes arising under Article 7, apply the criteria listed in paragraph
2 of that Article. In disputes under Articles 4, 5, 6 and 8, the commission
shall apply the following criteria, according to the issues involved in
the dispute:
(a) Common to the determination of disputes arising under
Articles 4, 5 and 6 are the requirements:
(i) That scientific findings demonstrate the necessity
of conservation measures;
(ii) That the specific measures are based on scientific
findings and are practicable; and
(iii) That the measures do not discriminate, in form or
in fact, against fishermen of other States;
(b) Applicable to the determination of disputes arising under
Article 8 is the requirement that scientific findings demonstrate the necessity
for conservation measures, or that the conservation programme is adequate,
as the case may be.
2. The special commission may decide that
pending its award the measures in dispute shall not be applied, provided
that, in the case of disputes under Article 7, the measures shall only
be suspended when it is apparent to the commission on the basis of prima
facie evidence that the need for the urgent application of such measures
does not exist.
Article 11
The decisions of the special commission
shall be binding on the States concerned and the provisions of paragraph
2 of Article 94 of the Charter of the United Nations shall be applicable
to those decisions. If the decisions are accompanied by any recommendations,
they shall receive the greatest possible consideration.
Article 12
1. If the factual basis of the award
of the special commission is altered by substantial changes in the conditions
of the stock or stocks of fish or other living marine resources or in methods
of fishing, any of the States concerned may request the other States to
enter into negotiations with a view to prescribing by agreement the necessary
modifications in the measures of conservation.
2. If no agreement is reached within
a reasonable period of time, any of the States concerned may again resort
to the procedure contemplated by Article 9 provided that at least two years
have elapsed from the original award.
Article 13
1. The regulation of fisheries conducted
by means of equipment embedded in the floor of the sea in areas of the
high seas adjacent to the territorial sea of a State may be undertaken
by that State where such fisheries have long been maintained and conducted
by its nationals, provided that non-nationals are permitted to participate
in such activities on an equal footing with nationals except in areas where
such fisheries have by long usage been exclusively enjoyed by such nationals.
Such regulations will not, however, affect the general status of the areas
as high seas.
2. In this Article, the expression
'fisheries conducted by means of equipment embedded in the floor of the
sea' means those fisheries using gear with supporting members embedded
in the sea floor, constructed on a site and left there to operate permanently
or, if removed, restored each season on the same site.
Article 14
In Articles 1, 3, 4, 5, 6 and 8, the
terms 'nationals' means fishing boats or craft of any size having the nationality
of the State concerned, according to the law of that State, irrespective
of the nationality of the members of their crews.
Article 15
This Convention shall, until 31 October
1958, be open for signature by all States Members of the United Nations
or of any of the specialized agencies, and by any other State invited by
the General Assembly of the United Nations to become a Party to the Convention.
Article 16
This Convention is subject to ratification.
The instruments of ratification shall be deposited with the Secretary-General
of the United Nations.
Article 17
This Convention shall be open for
accession by any States belonging to any of the categories mentioned in
Article 15. The instruments of accession shall be deposited with the Secretary-General
of the United Nations.
Article 18
1. This Convention shall come into
force on the thirtieth day following the date of deposit of the twenty-second
instrument of ratification or accession with the Secretary-General of the
United Nations.
2. For each State ratifying or acceding
to the Convention after the deposit of the twenty-second instrument of
ratification or accession, the Convention shall enter into force on the
thirtieth day after deposit by such State of its instrument of ratification
or accession.
Article 19
1. At the time of signature, ratification
or accession, any State may make reservations to articles of the Convention
other than to Articles 6, 7, 9, 10, 11 and 12.
2. Any contracting State making a reservation
in accordance with the preceding paragraph may at any time withdraw the
reservation by a communication to that effect addressed to the Secretary-General
of the United Nations.
Article 20
1. After the expiration of a period
of five years from the date on which this Convention shall enter into force,
a request for the revision of this Convention may be made at any time by
any contracting party by means of a notification in writing addressed to
the Secretary-General of the United Nations.
2. The General Assembly of the United
Nations shall decide upon the steps, if any, to be taken in respect of
such request.
Article 21
The Secretary-General of the United
Nations shall inform all States Members of the United Nations and the other
States referred to in Article 15:
(a) Of signatures to this Convention and of the deposit
of instruments of ratification or accession, in accordance with Articles
15, 16 and 17;
(b) Of the date on which this Convention will come into
force, in accordance with Article 18;
(c) Of requests for revision in accordance with Article
20;
(d) Of reservations to this Convention, in accordance
with Article 19.
Article 22
The original of this Convention, of
which the Chinese, English, French, Russian, and Spanish texts are equally
authentic, shall be deposited with the Secretary-General of the United
Nations, who shall send certified copies thereof to all States referred
to in Article 15.
IN WITNESS WHEREOF the undersigned plenipotentiaries,
being duly authorized thereto by their respective governments, have signed
this Convention.
DONE AT GENEVA, this twenty-ninth day of April one thousand
nine hundred and fifty-eight.
*Abstract: (back)
Done at Geneva, on 29 April 1958
Entry into force: 20 March 1966
Text: United Nations, Treaty Series, vol. 559,
p. 285
Status (note:
the 1958 Law of the Sea Conventions were largely superceded by the 1982
United Nations Convention on the Law of the Sea)
The four Law of the Sea Conventions and the Optional
Protocol of Signature were prepared and opened for signature by the
United Nations Conference on the Law of the Sea. The Conference
was convened pursuant to resolution 1105 (XI), adopted by the General Assembly
of the United Nations on 21 February 1957, and met at the European Office
of the United Nations at Geneva from 24 February to 27 April 1958. The
Conference also adopted the Final Act and nine resolutions
for the text of which, see UnitedNations, Treaty Series, vol. 450,
p. 11. For the travaux préparatoires and the proceedings of the
Conference, see Official Records of the United Nations Conference on
the Law of the Sea, vols. I to VII, United Nations publication, Sales
No.: 58.V.4, vols. I to VII. |