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International Environmental Law Part 6

The Court underlined further the importance of the reasonable use of fisheries and the obligation of states to negotiate55 an equitable solution to the problem. | International Management of Fisheries Resources 253 The Court underlined further the importance of the reasonable use of fisheries and the obligation of states to negotiate55 an equitable solution to the problem.56 According to the Court It is one of the advances in maritime international law resulting from the intensification of fishing that the former laissez-faire treatment of the living resources of the sea in the high seas has been replaced by a recognition of a duty to have due regard to the rights of other States and the needs of conservation for the benefit of all.57 According to the Court both parties have an obligation to keep under review the fisheries resources. The parties must examine together based on scientific evidence and other information the measures required for the conservation and development and equitable exploitation 58 of resources taking into account international agreements. The Court concluded that the task before the parties is to conduct negotiations on the basis that each must in good faith pay reasonable regard to the legal rights of the other. . .bringing about an equitable apportionment of the fishing resources based on the facts of the particular situation and having regard to the interests of other States which have established fishing rights in the area emphasis added .59 The Court repeated its pronouncement in the North Sea Continental Shelf cases that the point is not simply of finding an equitable solution but an equitable solution derived from the applicable law. The Court repeated phraseology included in the North Sea Continental Shelf cases . it is not a question of applying equity simply as a matter of abstract justice but of applying a rule of law which itself requires the application of equitable principles.60 The Court s pronouncement of equity is further elucidated by its dicta in the North Sea Continental Self cases. In those cases the Court mentioned with regard to equity There can never be any question of .