Interpretative
Declarations by the Republic of Austria with regard to the Agreement on the
implementation of the provisions of the United Nations Convention on the Law of
the Sea of 10 December 1982 relating to the conservation and management of
straddling fish stocks and highly migratory fish stocks
1. The
Republic of Austria understands that the terms 'geographical particularities`,
'specific characteristics of the sub-region or region`, 'socioeconomic
geographical and environmental factors`, 'natural characteristics of that sea`
or any other similar terms employed in reference to a geographical region do
not prejudice the rights and duties of States under international law.
2. The Republic of Austria understands that no provision of this Agreement may be
interpreted in such a way as to conflict with the principle of freedom of the
high seas, recognised by international law.
3. The Republic of Austria understands that the term 'States whose nationals
fish on the high seas` shall not provide any new grounds for jurisdiction based
on the nationality of persons involved in fishing on the high seas rather than
on the principle of flag State jurisdiction.
4. The Agreement does not grant any State the right to maintain or apply
unilateral measures during the transitional period as referred to in Article
21(3). Thereafter, if no agreement has been reached, States shall act only in
accordance with the provisions provided for in Articles 21 and 22 of the
Agreement.
5. Regarding the application of Article 21, the Republic of Austria understands
that, when a flag State declares that it intends to exercise its authority, in
accordance with the provisions in Article 19, over a fishing vessel flying its
flag, the authorities of the inspecting State shall not purport to exercise any
further authority under the provisions of Article 21 over such a vessel.
Any dispute related to this issue shall be settled in accordance with the
procedures provided for in Part VIII of the Agreement. No State may invoke this
type of dispute to remain in control of a vessel which does not fly its flag.
In addition, the Republic of Austria considers that the word 'unlawful` in
Article 21(18) of the Agreement should be interpreted in the light of the whole
Agreement, and in particular, Articles 4 and 35 thereof.
6. The Republic of Austria reiterates that all States shall refrain in their
relations from the threat or use of force in accordance with general principles
of international law, the United Nations Charter and the United Nations Convention
on the Law of the Sea.
In addition, the Republic of Austria underlines that the use of force as
referred to in Article 22 constitutes an exceptional measure which must be
based on the strictest compliance with the principle of proportionality and
that any abuse thereof shall imply the international liability of the
inspecting State. Any case of non-compliance shall be resolved by peaceful
means and in accordance with the applicable dispute-settlement procedures.
Furthermore, the Republic of Austria considers that the relevant terms and
conditions for boarding and inspection should be further elaborated in
accordance with the relevant principles of international law in the framework
of the appropriate regional and subregional fisheries management organisations
and arrangements.
7. The Republic of Austria understands that in the application of the
provisions of Article 21(6), (7) and (8), the flag State may rely on the
requirements of its legal system under which the prosecuting authorities enjoy
a discretion to decide whether or not to prosecute in the light of all the
facts of a case. Decisions of the flag State based on such requirements shall
not be interpreted as failure to respond or to take action.