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Journal of Environmental Law Advance Access originally published online on October 4, 2007
Journal of Environmental Law 2008 20(1):15-33; doi:10.1093/jel/eqm024
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© The Author [2007]. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oxfordjournals.org

Creating Legal Teeth for Toothfish: Using the Market to Protect Fish Stocks in Antarctica

Benjamin K. Sovacool* and Kelly E. Siman-Sovacool**

*Dr Benjamin K. Sovacool currently teaches in the Government and International Affairs Program at the Virginia Polytechnic Institute & State University in Blacksburg, VA. He is a former Eugene P. Wigner Fellow at the Oak Ridge National Laboratory in Oak Ridge, TN, where he studied issues relating to science policy and sustainability (sovacool{at}vt.edu).
**Kelly E. Siman-Sovacool spent five years working for the Raytheon Polar Services Company at the Amundsen-Scott South Pole Station in Antarctica. She is currently a graduate student in the Department of Geography at Virginia Tech, where she researches Antarctic science policy (simanke{at}vt.edu).


  Abstract

Policies to protect Antarctic and Patagonian Toothfish in the Southern Ocean are failing. Contests over sovereignty, the need for international decisions to be approved by consensus, inability to physically patrol the Southern Ocean, and the political vacuum created by the designation of the ‘high seas’ have each contributed to an overfishing crisis in the Southern Ocean and Antarctica. After documenting the contours of this fishing crisis and explaining how international law is unable to prevent it, this article proposes a fundamental shift in strategy away from supply-side controls that require a presence in Antarctica where the overfishing occurs. Lawmakers must utilise more rigorous demand-side measures if Toothfish stocks are to be preserved and allowed to recover.

Key Words: Marine policy • overfishing • Convention for the Conservation of Antarctic Marine Living Resources • Patagonian Toothfish • flags of convenience • illegal unregulated and unreported (IUU) fishing


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