appointments. In the mid- 1970s. the Atlantic coast fishing industries, although the recipient of large govern- ment subsidies, were perilously close to bankruptcy. Participants in the fisheries, particularly the large proces- sing companies, had to be rescued by the federal government.

The blame for this crisis could be placed upon the allegedly rapacious, foreign. distant-water fishing fleets ~ or so it seemed. Consequently. one could look forward to ;I new era of prosperity once Canada implemented EFJ and dealt with the distant-water fishing nations.

Immediately following the imple- mentation of EFJ, the optimistic pro- jections seemed to be justified. By 1081. however, the Atlantic coast fishing industries were once again facing bankruptcy and once again had to be rescued by the federal govern- ment. The federal government re- sponded further to the disappointing results of EFJ by establishing a Royal Commission on Atlantic coast fisher- ies, popularly known as the Kirby Commission.

Arlartric Fisheries attd Coustcrl Cotta- trzutziks is a post-Kirby Commission examination of one aspect of the fisheries problem, namely the decision-making process that enters into Atlantic fisheries management. In Canada, control over marine fisher& lies almost exclusively with the federal government. This leads to the claim by participants in Atlantic fisheries that they are ruled from Ottawa by bureaucrats who lack both flexibility and an adequate understanding of local conditions. The federal govern- ment has. it is true, made some moves towards decentralizing decision mak- ing, but hardly enough to satisfy the aforementioned participants in the fisheries.

This book provides the reader with R useful set of discussions of the issue. and offers several different points of view. The essays by Cynthia Lamson, John Kearney and John Kafka are all worthy of careful study. The essay by R. D. S. MacDonald on Atlantic groundfish management is particularly valuable.

MacDonald points out that an im- portant barrier to decentralization of

decision making is the fact that the fisheries arc common property re- sources combined with the fact that there is ;I striking lack of unanimity among the participants in the Atlantic fisheries. There is conflict between processors and fishermen. between inshore and offshore fishery interests and between provinces themselves. There has. in particular, been ;I marked absence of cordiality between Nova Scotia and Newfoundland over fisheries issues since the advent of EFJ.

Foreign fishing L’ACCES DES ETRANGERS A L’EX- PLOITATION DES RESSOURCES BIOLOGIQUES DE LA ZONE ECO- NOMIQUE EXCLUSIVE

by Antonio Tavares de Pinho

Thesis for the Doctorate in Law, Uni- versity of Nice, December 1983, pp

574

Although the Law of the Sea Conven- tion was signed barely two-and-a-half- years ago, and is unlikely to enter into force for some time yet. the concept of 30mile jurisdiction over fisheries is already well established in state practice.’ A substantial body of prac- tice has also been built up over the last six or seven years regarding the condi- tions under which foreign fishing ves- sels are allowed ;~ccess to the fishery resources newly under coastal state jurisdiction. For many coastal states, foreign fishing activities are essentially an ephemeral phenomenon, a clues- tion of phasing out foreign operations 21s national fisheries expand to take their place. For others. foreign fishing operations in one form or another are liable to be part of the fisheries scene for some time to come. In either case the legal basis on which access ia allowed. and the terms and conditions on which it is allowed, have become more regularized over the last few years as experience has been gained. for example. in methods of calculating fee levels and cost-effective tcchni- clues of compliance control. Various aspects of this experience have already been the subject of analysis in ;I

Charges that the Canadian central government is insensitive and inflexi- ble ‘in its management on Atlantic fisheries may well have considerable merit. For the foreseeable future, however, that government will cer- tainly continue to remain the domi- nant decision maker in the Atlantic coastal fisheries.

Gordon R. Munro University of British Columbia

Vancouver, BC

number of articles.’ and in one inter-

national consultation preparatory to the FAO World Conference on Fisheries Management and Dev- elopmcnt.’ Antonio Tavares dc Pinho’s thesis is the first comprehen- sive survey of all aspects of the topic of conditions of access.

In his thesis, Mr Tavares gives tin extensive review of the notion of acct’ss to surplus in the United Nations Convention on the Law of the Sea, including a useful survey of the antecedents of some of the basic no- tions of the provisions on fisheries in the exclusive economic zone. All too often, faced with some of the loose wording and ambiguities in the final text. one forgets the compromises that led to the deliberate choice of those imprecisions. In the final analysis. however, ;IS Mr Tavares points out. the balance lies heavily in favour of the rights of the coastal state. which has. in practice, almost unlimited dis- crction in determining the level of the allowable catch, its own harvesting capacity and hence the amount of the surplus that it will allocate to foreign fishing. Most of the limitations on this discretion, such as the rights of land- locked and geographically disadvan- taged states. and the ‘rights‘ of fisher- m&n who have traditionally fished in the areas now subject to national coastal state jurisdiction, when ex- amincd closely, tend to lose much of their enforceable substance. This im- pression is reinforced when looking at the practice of coastal states. Although examples are to be found of the use of the criteria for allocating

MARINE POLICY April 1986

Book reviews

information and examples, and a worthwhile contribution to the state of knowledge on a topic of essential interest to a large number of coastal states. Perhaps most significant, however, is his identification of the regionai perspective as the most prom- ising for the study of attitudes towards foreign fishing’, and indeed for the development of new approaches to- wards the problems raised by foreign fishing. This, though, as he rightly points out, is the subject of a whole new study.

access set out in the Convention, there does seem to be an increasing empha- sis on new criteria, such as the linking of fishing rights access to the question of access to markets for fish and indeed other coastal state products, or indeed the subjection of requests for access to general political considera- tions and criteria.

Flag state responsibility

Dealing with the means of granting access, Mr Tavares claims a predomi- nant role for bilateral agreements, citing the element of international recognition of jurisdictional claims, the practical assistance that the flag state can be called upon to give in ensuring compliance by its vessels with the terms of the agreement - the so-called concept of flag state respon- sibility - and the role of inter- governmental agreements in channell- ing general fisheries aid to developing countries. In discussing access agree- ments, he distinguishes among agree- ments providing for the phasing out of fishing activities, agreements provid- ing for reciprocal fishing rights, and, almost as an afterthought, agreements providing for commercial licensing against the payment of fees. In a final section of his thesis, Mr Tavares deals with the issue of access through the constitution of joint ventures in the fisheries sector, and sets out a number of practical, political and economic considerations relating to the success or otherwise of joint ventures. He concludes with a recognition of the essential differences in the approach towards access among the different regions of the world and identifies the regional perspective as potentially the most rewarding for future approaches to the problems of foreign fishing.

Access

Mr Tavares provides a good overall treatment of the subject of access by foreign vessels to the fishery resources newly under the jurisdiction of coastal states. His analysis of the important but often overlooked question of nationality criteria for foreign fishing vessels is especially illuminatiflg. So also is his analysis of the concept of

MARINE POLICY April 1986

access to surplus in the relevant provi- sions of the Convention on the Law of the Sea and the historical antecedents of the concept of the exclusive econo- mic zone. And in his treatment of state practice with respect to criteria for allocation of surplus, it is interest- ing to note his conclusions that in the finat analysis it is the sum total of the coastal states’ interests, whether or not strictly related to fishery matters, that will determine its attitude towards the granting of fishing rights to any particular nation in its exclusive eco- nomic zone. He is also right in point- ing out the practical and legal advan- tages for coastal states of requiring umbrella access agreements with flag states, although his insistency on the primacy of bilateral agreements in the granting of access does tend to obscure the fact that both agreements and legislation have essential and complementary functions in the con- trol of foreign fishing. Somewhat less convincing, perhaps, are the conclud- ing sections of the thesis dealing with joint ventures, which seem to have been grafted onto, rather than inte- grated into, the main body of the thesis, an impression accentuated by the fact that most of the sections concerned with joint ventures deal with practical rather than purely legal questions.

Regional perspective

On the whole, Mr Tavares’s thesis is an excellent, if somewhat lengthy, piece of work, crammed with useful

.Gerald Moore Forestry, Wildlife and Fisheries Leg-

islative Section FAO, Rome, Italy

The views expressed in this review are personal to the reviewer and do not neces- sarily represent the views of FAO.

‘See Gerald Moore, ‘Coastal state require- ments for foreign fishing’, FAO Legislative Study, No 21, Rev 2, Vol 1, 1985. %ee , for example, J. Carroz and M. Savini, ‘The new international law of fisher- ies emerging from bilateral agreements’, Marine Policy, Vol 3, No 2, April 1979, pp 79-98; G. Moore, ‘National legislation for the management of fisheries under ex- tended coastal state jurisdiction’, Journal of Maritime Law and Commerce, Vol 1 I, No 2, January 1980, pp 153-182; J. Carroz and M. Savini, ‘Les accords de peche conclus par les Etats riverains de I’Atlantique’, Annuaire francais de droit international, Vol XXIX, 1983, Editions du CNRS, Paris 1984, pp 674-709. 3See ‘Report of the expert consultation on the conditions of access to the fish re- sources of the exclusive economic zones’, FAO Fisheries Report, No 293, FAO, Rome, 1983.

Shipping nationalism SHIPPING NATIONALISM AND THE FUTURE OF THE UNITED STATES LINER INDUSTRY: THE UNCTAD CODE AND BILATERALISM; PROCEEDINGS OF A WORKSHOP ORGANISED BY THE CENTER FOR OCEAN MANAGEMENT STUDIES, UNIVERSI~ OF RHODE ISLAND, USA, NOVEMBER, 1983

Times Press, 1984, pp 164+viii

This book contains the texts of 21 papers delivered at the Workshop, plus what are presumably r&urn& of

the discussion periods with which the

five substantive sessions were closed. It is not possible in a short review to deaf with each one of the 21 papers, but since each is independent it is not possible to deal in an overall fashion with the book. My selection of the papers on which to comment reflects my own particular interests rather than the intrinsic interest or quality of the individual contributions.

Part One, entitled The UNCTAD Liner Code, contains five papers. Mr Heldring here gives us some useful background concerning the Brussels

161