It should be our task to objectively determine whether the abstention principle embodied in the Tripartite Treaty rationalizes the conservation of ocean resources in view of the historic development or transmutation of the concept of fishery rights under the international law of the seas. In order to do so, we must examine both the abstention principle and the historical development of fishery rights. Ultimately, this necessitates discussion of the consistency or lack thereof between the Tripartite Treaty and the Convention on Fishing and Conservation of the Living Resources of the High Seas. The validity of the abstention principle must be judged in two respects: (1) its legal status in the Tripartite Treaty itself; and (2) its legal status judged in the light of general principles of international law, past and present.
The Abstention Principle and Its Relation to the Evolving International Law of the Seas,
43 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol43/iss1/14