LAW OF THE SEA2
forwards that the involved States must cooperate and collaborate in order to guarantee
preservation and encourage and endorse the objective regarding the ideal utilization and
application of resources in relation to fisheries, either within the EEZ (Exclusive Economic
Zone) or beyond the EEZ3.
Article 238 as provided in Part XIII of the UNCLOS, provides that all the States,
regardless of the physical, geographical and topographical position of the States, and the
proficient international and global establishments shall have the right to perform scientific
research in relation to the marine life and nature. This right shall be not be in contrary to the
obligations and the rights of the other States, which have been mentioned in the Convention.
Article 239 as provided in Part XIII of the UNCLOS states that the States and the
proficient international and global establishments shall endorse and enable the advancement and
performance of scientific research regarding the marine life and nature, as per the provisions of
the aforementioned Convention.
Application
In the given scenario, it has been a concern of the nation of Aguilera that Lopez, a vessel
of the nation of Evanescence, has been excessively fishing a fish known as the ‘rainbow-snouted
tuna’. It has been a regular monthly routine of Lopez to go to the EEZ of the nation of Aguilera
and then again returning to the high seas and then to the port of the nation of Evanescence. In the
month of July, when Lopez visited the EEZ of Aguilera, the nation confiscated the vessel,
arrested the crew members, and then destroyed the vessel, as per the laws of Aguilera.
Evanescence contested the actions of Aguilera and stated that Lopez was visiting the EEZ of
3 Fish Stocks Agreement, 1995

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