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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The Law of the Sea Convention and the Rights of the Neighbouring African Landlocked States to Fish in the South African Fishing Zone
Author:Sizani, R.K.
Periodical:African Journal of International and Comparative Law
Geographic term:Southern Africa
Subjects:international law of the sea
fishing rights
international agreements
landlocked countries
Law, Human Rights and Violence
international relations
Inter-African Relations
External link:http://www.heinonline.org/HOL/Page?handle=hein.journals/afjincol3&id=531&collection=journals&index=journals/afjincol
Abstract:This article first examines the scope and content of the fishing rights of landlocked States under the Law of the Sea Convention (LOSC) of 1982. Secondly, it investigates the extent to which these rights could be said to be part of customary international law. Thirdly, it assesses whether South Africa, either in its fisheries legislation or in its dealings with neighbouring landlocked States - Botswana, Lesotho, Swaziland, Zimbabwe - recognizes their right under international law to participate in the exploitation of the living resources of the fishing zones of coastal States of their subregions or regions. The conclusion is that one of the major failures of the South African fisheries policy is its silence on the access rights of landlocked States. This may be one of the reasons for South Africa's reluctance to ratify the LOSC. Far-reaching changes in South Africa's ocean policy will depend ultimately on the success of the democratization process in the country. Ann., notes, ref.