This Comment examines the unilateral development of fishery or economic zone in the contiguous waters of coastal States, and attempts to address the question of whether, in the absence of a validating global treaty, legal rights and obligations are created in the international community through these claims. The author explores the use of the customary law formation process as an alternative to the creation of international law by convention at the Third United Nations Conference of the Law of the Sea. The author further attempts to define the four elements generally accepted as requisite to the evolution of a usage into general practice accepted as law, applies them to the situation at hand, and concludes that they are present in the case of fishery zones and, to a considerable degree, in that of economic zones.
Fishery and Economic Zones As Customary International Law,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol17/iss3/9